209 Mass. Reg. 32.23

Current through Register 1523, June 7, 2024
Section 32.23 - Right of Rescission
(1)Consumer's Right to Rescind. Compliance with 12 CFR 1026.23(a) constitutes compliance with 209 CMR 32.23(1); provided, however, if the required notice and material disclosures are not delivered, the right to rescind shall expire four years after the occurrence giving rise to the right of rescission, or upon transfer of all of the consumer's interest in the property, or upon sale of the property, whichever occurs first. In the case of certain administrative proceedings, the rescission period shall be extended in accordance with M.G.L. c. 140D, § 10(f).
(2)Notice of Right to Rescind and Proper Form of Notice. Compliance with 12 CFR 1026.23(b) constitutes compliance with 209 CMR 32.23(2).
(3)Delay of Creditor's Performance. Compliance with 12 CFR 1026.23(c) constitutes compliance with 209 CMR 32.23(3).
(4)Effects of Rescission. Compliance with 12 CFR 1026.23(d) constitutes compliance with 209 CMR 32.23(4).
(5)Consumer's Waiver of Right to Rescind. Compliance with 12 CFR 1026.23(e) constitutes compliance with 209 CMR 32.23(5).
(6)Exempt Transactions. Transactions exempt pursuant to 12 CFR 1026.23(f) are exempt under 209 CMR 32.23(6).
(7)Tolerances for Accuracy. Tolerances for Accuracy pursuant to 12 CFR 1026.23(g) constitute Tolerances for Accuracy under 209 CMR 32.23(7).
(8)Special Rules for Foreclosures. Compliance with 12 CFR 1026.23(h) constitutes compliance with 209 CMR 32.23(8).

209 CMR 32.23

Amended by Mass Register Issue 1277, eff. 1/2/2015.
Amended by Mass Register Issue 1320, eff. 8/26/2016.