Texas Rescission of Acceleration of Loan Maturity

State:
Texas
Control #:
TX-JW-0146
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PDF
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Rescission of Acceleration of Loan Maturity
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FAQ

A notice of rescission is a form given with the intention of terminating a contract, provided that the contract entered into is a voidable one. It releases the parties from obligations set forth in the contract, effectively restoring them to the positions they were in before the contract existed.

A lender can rescind a foreclosure sale if a borrower requests to reinstate the loan agreements and then makes payment to bring the loan balance current, provided this is done more than five days before the scheduled sale date.

The right of rescission is the right of a borrower to cancel a home equity loan, line of credit or refinancing agreement within a 3-day period without financial penalty. It was born out of the Truth in Lending Act (TILA).

Who receives notice. Each consumer entitled to rescind must be given two copies of the rescission notice and the material disclosures. In a transaction involving joint owners, both of whom are entitled to rescind, both must receive the notice of the right to rescind and disclosures.

By rescinding the notice of acceleration they are giving you notice that they will be discontinuing their present foreclosure action. However, they are reserving their right to bring a new foreclosure action in the future.

Rescission of a Notice of Default : When signed by the homeowners association or agent and recorded by the trustee, this document removes the effect of the previously recorded Notice of Default.

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Texas Rescission of Acceleration of Loan Maturity