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Cards (25)

  • What is the purpose of payment protection insurance (PPI) for borrowers?
    To cover mortgage repayments for a specified period
  • Why is it now a regulatory requirement for buyers to understand the terms and conditions of PPI?
    Due to the mis-selling scandal
  • What must sellers of PPI ensure during the sale?
    That the sale is at arm's length from the borrower
  • What is required regarding the application and agreement to the terms of PPI?
    It must be made and agreed upon in a transaction
  • How long after the sale of the mortgage must a quotation for PPI be provided?
    At least seven days
  • What must a borrower consider if they do not take out an investment vehicle with built-in life insurance?
    They need to cover the debt with suitable term insurance
  • What is the lowest cost option for a capital repayment mortgage?
    A mortgage protection policy offering decreasing term insurance
  • What type of policy is usually more suitable for interest-only mortgages?
    A level term policy
  • What may some lenders require regarding the life policy used to protect the debt?
    That it is assigned to the lender
  • What must the solicitor do if the life policy is assigned?
    Execute a deed of assignment before completion
  • When does the mortgage take legal effect?
    From the completion date
  • What happens on the completion date of a mortgage?
    • The legal charge is executed
    • Rights of the lender and duties of the borrower come into effect
    • All deeds of assignments become effective
    • The property is legally transferred to the new owner
    • The solicitor engrosses the transaction
    • The solicitor issues a completion statement to the borrower
  • What is the alternative term for completion used in Scotland?
    Settlement
  • What does the solicitor do during the engrossing of the transaction?
    Brings together all monies received and due
  • What must occur at the appropriate entry time on the completion date?
    The borrowers can gain access to the property
  • What should happen if the mortgage is supported by a guarantor?
    The guarantee contract should come into force at the same time as the mortgage
  • What is the risk if the seller’s solicitor permits entry to the property before completion?
    It may require a court order to remove the purchaser
  • What does the solicitor nearly always require before completion?
    That cleared funds be in place
  • What system is used for large-scale movements of funds at short notice?
    CHAPS system
  • What is a recent risk related to mortgage completions?
    Push-payment fraud
  • How do criminals typically perpetrate push-payment fraud?
    By requesting funds be sent to a destination account managed by them
  • What can be the consequences of failing to complete on the contracted date?
    Serious financial consequences
  • What can the party suffering loss due to failure to complete sue for?
    Expenditure incurred, such as hotel accommodation costs
  • What are liquidated damages in the context of a contract of sale?
    Damages payable on a daily basis as set out in the contract
  • When does a mortgage take legal effect?
    From the date of completion