Be sure to remove all notices before using this document. Modify the wording in this notice to suit your particular situation. Do NOT just use the wording here unless it definitely applies to you. Date:___________________ VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED NUMBER: XXXXXXXXX YOUR NAME YOUR STREET ADDRESS YOUR CITY, STATE AND ZIP CODE LENDER NAME LENDER ADDRESS LENDER CITY, STATE AND ZIP CODE RE: ACCT # XXXX-XXXX-XXXX-XXXX REAL PROPERTY LOCATED AT :__________________________________________ To Whom It May Concern: Pursuant to the provisions of the Truth and Lending Act (“TILA”), 15 U.S.C. Section 1635, I/we hereby rescind the above-referenced loan, due to violations of TILA, including but not limited to the unlawful failure to give timely and proper notices required under TILA. With this letter, I/we hereby exercise my rights under the Federal Truth in Lending Act, 15 U.S.C. § 1635 and Regulation Z, 12 C.F.R. 226.23(b)(5) to rescind the above referenced mortgage loan. The Truth in Lending disclosure statement was defective for the following reason: STATE THE REASON OR REASONS THAT THE DISCLOSURE STATEMENT WAS DEFECTIVE. USE THE BELOW WORDING AS AN EXAMPLE ONLY The notice shall identify the transaction or occurrence and clearly and conspicuously disclose the following: INSERT HERE THE REASON SUCH AS FAILURE TO DISCLOSE OR UNDERDISCLOSURE OF APR AND FINANCE CHARGES 1
Pursuant to 15 U.S.C. § 1635(f), my/our right to rescind this loan extends for three-years as a result of this defective Truth in Lending disclosure statement. This rescission notice has been sent to you within that time period. I/we have arranged for the refinancing of my mortgage loan with LIST NAME OF MORTGAGE COMPANY and am prepared to tender the reduced payoff amount once the proper credits have been reflected in my reduced payoff. Please be advised that your security interest in my/our home is now void per 15 U.S.C. § 1635; Regulation Z § 226.23 and you have twenty-days to return all of the payments I have made on this loan and to do your part to terminate the security interest in my home. Thank you for your prompt attention to this matter. You may me at 555-555-5555 should you require any further information or would like to discuss this matter further. Sincerely, __________________ YOUR SIGNATURE YOUR NAME
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