Compliance Alliance Q&A 1/22/2020

Question:
We do business in a state with dower rights. I just want to make sure that a spouse who is not on the title to real estate but uses the home as a primary residence does not receive the right to rescind—is this correct?

 

 

Answer: 
That is correct. For purposes of the rescission rules, dower does not constitute an ownership interest.

An ownership interest does not include, for example, leaseholds or inchoate rights, such as dower.
Comment 2 to §1026.2(a)(11): https://www.consumerfinance.gov/policy-compliance/rulemaking/regulations/1026/2/#2-a-11-Interp-2

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