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Scott Hannam
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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
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Why is it now a regulatory requirement for buyers to understand the terms and conditions of PPI?
Due to the
mis-selling
scandal
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What must sellers of PPI ensure during the sale?
That the sale is at arm's length from the borrower
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What is required regarding the application and agreement to the terms of PPI?
It must be made and agreed upon in a transaction
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How long after the sale of the mortgage must a quotation for PPI be provided?
At least seven days
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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
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What is the lowest cost option for a capital repayment mortgage?
A mortgage protection policy offering decreasing term insurance
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What type of policy is usually more suitable for interest-only mortgages?
A level term policy
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What may some lenders require regarding the life policy used to protect the debt?
That it is assigned to the lender
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What must the solicitor do if the life policy is assigned?
Execute a deed of assignment before completion
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When does the mortgage take legal effect?
From the completion date
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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
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What is the alternative term for completion used in Scotland?
Settlement
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What does the solicitor do during the engrossing of the transaction?
Brings together all
monies
received and due
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What must occur at the appropriate entry time on the completion date?
The borrowers can gain access to the property
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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
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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
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What does the solicitor nearly always require before completion?
That
cleared funds
be in place
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What system is used for large-scale movements of funds at short notice?
CHAPS
system
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What is a recent risk related to mortgage completions?
Push-payment fraud
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How do criminals typically perpetrate push-payment fraud?
By requesting funds be sent to a
destination account
managed
by them
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What can be the consequences of failing to complete on the contracted date?
Serious
financial
consequences
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What can the party suffering loss due to failure to complete sue for?
Expenditure
incurred, such as hotel accommodation costs
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What are liquidated damages in the context of a contract of sale?
Damages payable on a
daily
basis as set out in the contract
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When does a mortgage take legal effect?
From the date of
completion
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