Truth in Lending Act

by Luke
(Seattle, WA USA)

Ask Kate: Truth in Lending Act and mortgage rate lock fee
Hello Kate, Do you know if there is a right of rescission under the Truth in Lending Act for a lock break fee?




I know the rescission rule applies to the actual loan closing but am not clear whether it applies to the rate lock as well. I need to get out of a rate lock and am still within the 3 days. Thanks, Luke

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Kate Answers: TILA and mortgage rate lock fee

Hi Luke, The Truth in Lending Act is a federal law to protect consumers during credit transactions by disclosing the arrangement of terms and cost. You'll also hear it referred to as TILA and Reg Z. Mortgage borrowers benefit from its role is as protector.

This is why after signing final loan documents, homeowners experience a three day waiting period before the mortgage is finalized. Although many times perceived as inconvenience, it is meant to protect homeowners.

In fact, once I received a call from one of my borrowers who were refinancing because their adjustable rate mortgage payments were too high compared to the current fixed rates. Over the week-end, they got written notice that their ARM was scheduled to decrease. This made their refinance unnecessary. So they rescinded and owed no money to the bank due to the protection of the Truth in Lending Act.

Your letter sounds like you are hoping to use the Act to break a mortgage rate lock agreement or perhaps to avoid paying an associated fee. Because I am not familiar with the terms of your agreement, I can't give you a specific answer. But you live in Seattle where escrow companies close many mortgage transactions. You can try calling your escrow since they are normally well-versed in the Truth in Lending Act.

Be prepared to be a little more specific when you talk to escrow. Are you looking for a refund on your mortgage rate lock deposit or trying to avoid paying a fee associated with breaking the lock?

In the meanwhile, I recommend looking over the links at the bottom of this page. They lead to other pages on my website with surprisingly simple information on mortgage rate locks. I hope you will let me know if you have more questions.

Take a moment to bookmark Truth in Lending Act and mortgage rate lock fee to your favorites and return often for more mortgage tips.

Luke, this is your page. So you can invite friends to comment on it. They can also ask another question of their own like you did.

Best Wishes,







P.S. Check out Best Mortgage Rate Blog yourself! It's an entertaining source of mortgage information. Subscribe now to the RSS feed.

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