Capital One Mortgage Complaint

Capital One Mortgage department,

Conventional adjustable mortgage (ARM) Settlement process and costs California

I am attempting to close a refinancing on a property pursuant to a divorce buy-out. My ex-husband is still on title to the property, but will not be on the refinancing mortgage, this is not his primary dwelling ( not since 2005 ), and he will be removed from the deed when proceeds are received from the refinancing. Capital One is requiring closing disclosures to be sent to ex-husband under 12 CFR 1026.17 ( d ) on the belief that - - has a right to rescind under 12 CFR 1026.23. I feel this disclosure is my confidential information that should not be shared. Capital One is prepared to tell ex-husband that he has a right to rescind my refinancing solely on the basis that he is on title to the financed property, since he is not a party to the mortgage refinancing, and the security interest is not being taken in his principal


Does Capital One have a right to disclose the information? I do not believe so because no security interest is being taken in his principal dwelling when reading the definition of " consumer '' below, i.e., he has no right to rescind. The rules further state that a person can only have - principal dwelling, and ex-husband 's is not the property to be financed. 2 ( a ) ( 11 ) Consumer1. Scope. Guarantors, endorsers, and sureties are not generally consumers for purposes of the regulation, but they may be entitled to rescind under certain circumstances and they may have certain rights if they are obligated on credit card plans. 2. Rescission rules. For purposes of rescission under 1026.15 and 1026.23, a consumer includes any natural person whose ownership interest in his or her principal dwelling is subject to the risk of loss. Thus, if a security interest is taken in A 's ownership interest in a house and that house is A 's principal dwelling, A is a consumer for purposes of rescission, even if A is not liable, either primarily or secondarily, on the underlying consumer credit transaction. An ownership interest does not include, for example, leaseholds or inchoate rights, such as dower. I look forward to a resolution with Capital One to proceed. Thank you, - -