Standard sec. questions Flashcards Preview

Real Estate and Commercial Practice > Standard sec. questions > Flashcards

Flashcards in Standard sec. questions Deck (7)
Loading flashcards...

What is a standard security?

Clients will usually refer to a standard security as a “mortgage”.

When a bank, building society or other lending institution makes money available for the purchase or financing of heritable property, it will require among other things, to be granted a fixed charge over the title to the property.


In what senses does it differ from a personal loan?

Personal loans are unsecured loans and standard securities are secured loans (secured over your property). With an unsecured loan, your house is not immediately at risk if you fall into arrears, although the lender can take court action to make you pay the money back.


Can a client grant more than one standard security over their house?

Yes – but not everyone can be first in the queue for repayment in the event of a sale of the property. Instead, multiple securities rank in relation to each other, in accordance with the rules of priority, which will determine the order in which they are entitled to payment in the event of enforcement of these securities


And why are lenders concerned about the amount of “equity”.

Home equity is a homeowner's interest in a home. It can increase over time if the property value increases or the mortgage loan balance is paid down


What happens if I want to sell my house?

they have some control
Discharge and pay off


What does it require me to do?

Standard conditions - pay on time


what if I don't keep up with payments?

Lenders must follow the correct repossession process before they can repossess your home. It may be possible to stop the repossession process at any stage so get advice as soon as possible.
Home repossession process – If you fail to keep up with the repayments on your mortgage or a secured loan, your lender can take legal action against you to repossess and sell your home to recover the money you owe them. Even if you keep up to date with your mortgage, you could lose your home if you fall behind with payments to your secured loan. However, your lender can't just throw you out - they have to follow the correct procedures, including pre-action requirements, and get a court order stating that you have to leave the property.