Interesting, but sc...
 
Notifications
Clear all

Interesting, but scary

4 Posts
3 Users
0 Reactions
2,517 Views
Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
Topic starter  

Something I have been looking at for a while which very little is known about in the wider public, but could have major potential issues. When obtaining a mortgage, some major lenders' (normally RBS and Bank of Ireland) insert a clause in their security over your property known as an 'all sums clause' or 'all monies clause'

These mortgage agreements could lead to homeowners losing their property should they default on any additional borrowing (ie overdraft, unsecured personal loans etc) as far from being an unsecured loan, further borrowing or an overdraft with their mortgage lender could in fact be secured against their property if the original mortgage agreement included an ÔÇÿall sums/monies' clause.

The ÔÇÿAll Monies Charge' clause in the mortgage agreement documents issued by some lenders means the lender secures all debt against the mortgaged property, including any additional borrowing such as personal loans or overdrafts. This means they are entitled to repossess the property should the borrower default on these.

In simple terms, you go to a bank and get a mortgage. 2 years down the line you get an unsecured loan and also have an agreed overdraft with the same bank. If you were to sell the property, the bank are within their rights to force you to clear the loan and overdraft. Alternatively if you were to default on the loan, they could in theory call in their security and force the sale of the house.

Sorry if this puts the fear of God into people, but I think its important to be aware of these things.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
Quote
TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Hi Mark.

That is worrying, especially if people aren't made fully aware of this at the point at which they take out an unsecured loan or overdraft from their mortgage lender.

Have you seen any instances of the banks concerned trying to implement the clause?

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
ReplyQuote
Julie Heaton
(@julie-heaton)
Estimable Member
Joined: 16 years ago
Posts: 246
 

As Mark points out the 'unsecured' borrowing would become 'secured' against the property, so these additional payments would require to be factored in to the income and expenditure when working out disposable income. Hopefully the bank would accept the payments rather than call in their security!

Julie

Julie is not currently posting in the Trust-Deed.co.uk forum.


   
ReplyQuote
Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 17 years ago
Posts: 4798
Topic starter  

Hi all

It's an interesting point. Personally i have never had a case where a Trust Deed has been signed and the 'all sums clause' kicks in.

I'm sure from memory there is a defence to the calling up as the loan is taken in terms of the Consumer Credit Act, whereas the mortgage is under the Securities act and the debt crystalises once the Trust Deed is accepted and protected. Something like that!

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
ReplyQuote
Share: