Legal Question in Real Estate Law in California
undo a home refinance
I'm considering undoing my home refi I signed about week and a half ago it just funded and now they cannot sell it to another investor, they did not give me all the cash out I needed I think they overstated my income, and they pre dated my docs to fund it quicker. Is it possible to undo this refi? To have a recision Federally speaking shouldn't there be a 3 day recission per. it seems I did not get mine.
2 Answers from Attorneys
Re: undo a home refinance
You can rescind for fraud and mispresentation. YOu have to give written notice recission and tender back (give back) the loan proceeds.
Re: undo a home refinance
If "they" cannot sell it to another investor, then that is "their" problem. It is up to "them" whether to let you out or not. However, if you can show "they" have lied about your income, then you can demand that the entire transaction be rescinded or you will sue.