Legal Question in Real Estate Law in Florida
Prepayment Penalty Disclosure
My understanding is that in Oct. 2002 the Florida legislature passed a law requiring a lender to disclose to the borrower, 3 days in advance of the closing and provide options for financing other then accepting the prepayment penalty financing. Is this true and what recourse do I have? We closed in Sept of 2005.
1 Answer from Attorneys
Re: Prepayment Penalty Disclosure
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I never heard of any such law and I have practiced in this area for over 20 years. I do not believe it exists.
You may be confusing what is called the Three Day Right of Recission which gives a borrower who is refinancing a previous mortgage three days after the date of the closing in which to change his or her mind about the new mortgage. After the three day period, it is a valid mortgage and funded by the lender.
Scott R. Jay, Esq.
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