Legal Question in Real Estate Law in Florida

Mortgage Lock, 3 day Right To Rescind

My wife, a coborrower signed a lock in agreement for a refinance which said there is $400 cancellation fees. I the borrower never signed it and we did not pay the $400 upfront. I cancelled less than 24 hours later (wihtin 3 bisness hours} due to errors in the gfe, high fees... (I was also offered lower fees and interest rate from another lender). They say I need to pay the $400 even though they didn't have time to do hardly any work on this loan. Is there a 3 day right to rescind on a lock in for a mortgage refinance in Florida? The lender is in California and the agreement says the jurisdiction is the state of california.


Asked on 3/02/04, 10:46 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Mortgage Lock, 3 day Right To Rescind

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.

The three day right of recission is pursuant to federal law and not the individual state. It applies to all refinancing(s) of the first home mortgage. The three day period is from the day of the mortgage closing and not the application though.

I strongly suggest that you consult a qualified real estate attorney who can advise you on this matter and work with you on your refinancing. The chances are good that it will be less expensive than having a title company handle the closing on behalf of the lender without any legal representation for you.

Scott R. Jay, Esq., 305-249-8000

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Answered on 3/03/04, 12:25 am


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