Legal Question in Real Estate Law in California

Notice of Right of Rescission

After the expiration of 3-day rescission period, does the loan HAVE to be funded the day after, or can the borrower designate the funding date, as long as within couple of days of expiration. Our refinancing lender insists they have to fund the day after the expiration date (which is Friday), but we would rather have it funded on Monday.


Asked on 8/06/02, 12:30 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Notice of Right of Rescission

I'm not sure, but since you have received no other reply, let me give you a guess. I would expect that the funding date is a matter of private contract, not statutory law. I would expect that, within reason, the parties to a loan can agree to a funding date of choice. If you were to review the fine print in your loan application and/or the lender's commitment letter or disclosures, you would (perhaps) find contract language whereby you agree to funding on a certain date, or within a certain range of dates, or upon the occurrence of certain events.

In any event, you should ask your loan broker or lender representative (or perhaps the escrow holder) for an explanation. You are entitled to understand what's going on; you are paying for a lot of services when securing a loan, and you're entitled to know what's going on and why.

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Answered on 8/12/02, 3:33 pm


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