U6: T26 - RAISING ADDITIONAL FUNDS FROM PROPERTY Flashcards
If a mortgage is in default, the lender will eventually proceed to possession and exercise its power of sale to recover the debt. The holder of the first charge takes what is legally due to it from the proceeds, then passes the balance of the sale money (if any) to the second lender, who takes what is due to it.
When all secured lenders have been satisfied, what happens to the balance, if any?
The balance is passed to the borrower.
Can you recall when bridging finance might be required?
Bridging finance might be required when a borrower wishes to move house but has not managed to sell their existing house, or the funds from the sale will not be available before completion of the new purchase is due. The finance is designed to ‘bridge’ the funding gap on a temporary basis.
Which of the following is true of a further advance?
a) It must finish at the same time as the original mortgage.
b) The same loan‐to‐value limit will apply, regardless of the purpose of the further advance.
c) The existing mortgage must usually have been in place for at least six months.
d) The lender will not need to reassess the property as security, as it would have been valued for the original mortgage.
c) The existing mortgage must usually have been in place for at least six months.
Karen has requested a further advance but her personal circumstances have changed since she obtained the original mortgage. Her partner has now moved into the property and her son has returned to live at home since graduating from university. Assuming Karen meets all the other criteria for a further advance, what action would the lender need to take in relation to the change in occupants?
The lender would require the completion of a consent to mortgage form by Karen’s partner and her son. Alternatively, they might become parties to the mortgage, assuming joint and several liability for payment; this would require a variation of the mortgage deed.
The value of the security should be reassessed if a further advance is requested. True or false?
True
In relation to a further advance on an existing MCD regulated mortgage, in order to comply with MCOB, the lender must provide the borrower with:
a) an illustration based on the further advance only.
b) an ESIS based on the further advance only.
c) an ESIS based on the total borrowing.
d) an illustration based on the total borrowing.
b) The lender must provide the borrower with an ESIS based on the further advance only.
The order of priority for legal charges on registered property is established by:
a) the date of the charge’s registration at the Land Registry.
b) the date the loan came into force.
c) the date the solicitor received confirmation of the charge from the lender.
d) the size of the loan.
A) The order of priority for legal charges on registered property is established by the date of the charge’s registration at the Land Registry.
A deed of postponement is required for all second charges. True or false?
False. A second charge does not require a deed of postponement.
Which of the following is untrue in relation to MCOB rules and second charges?
a) MCOB rules apply to new and existing second‐charge loans, regardless of when they started.
b) When arranging a new second‐charge loan, the lender must provide the borrower with an ESIS.
c) The lender must provide a suitability report to give an adequate explanation of the product.
d) A second‐charge loan of £30,000 secured on the borrower’s home for business purposes would not be subject to MCOB.
c) The lender must provide a suitability report to give an adequate explanation of the product.
The lender does not have to provide a suitability report for a second‐charge loan.
When a second mortgage is taken, the new lender informs the original lender of the situation. True or false?
True. The new lender will wish to receive any surplus after the first mortgage has been paid off on possession and sale.
Dmitri has accepted a new job in Manchester and bought a house there, but the sale of his previous home in Derby fell through and he has not yet found a new buyer. He needs bridging finance – which type is most likely to be appropriate?
Dmitri would need open bridging finance as he does not have a prospective buyer for his previous home and therefore does not know how long the finance might be required.
An advantage of a lifetime mortgage is that the planholder is guaranteed a tenancy for life. True or false?
False. With a lifetime mortgage the planholder retains ownership of the property.
In the context of further advances, what is the ‘deed of postponement’?
Effectively allows a new loan from the original mortgage lender to ‘jump the queue’ and become part of the first charge.
If a mortgage is in default, the lender will eventually proceed to possession and exercise its power of sale to recover the debt. The holder of the first charge takes what is legally due to it from the proceeds, then passes the balance of the sale money (if any) to the second lender, who takes what is due to it. When all secured lenders have been satisfied, what happens to the balance, if any?
The balance is passed to the borrower.
MCOB rules only apply to second charges taken out for business purposes if the loan is for £25,000 or less. True or false
True.
This is called the business exemption