Assignment of claims - Do all banks do this? Can it be changed?

  • Erstellt am 2017-04-11 13:06:42

sisqonrw

2017-04-11 13:06:42
  • #1
Hello,

we have received an offer from a bank. It states the following:

"
Note on the Assignability of the Loan Claim and the Transferability of the Contractual Relationship
1 Assignment of Claims
The Sparkasse may assign claims arising from this loan agreement (and the securities pledged for this purpose)
without the separate consent of the borrower only in the following cases:
a) For the purpose of refinancing, relief of equity capital, or risk distribution within the Sparkassen
financial group.
b) For the purpose of realization, if the loan agreement has become terminable or has been terminated due to a breach of contract by the borrower or if it is not repaid upon total maturity.
In all other respects, assignment of claims by the Sparkasse is excluded.
2 Transfer of the Contract
A transfer of the contractual relationship (and the associated securities) without the consent of the borrower is only possible in cases of universal succession in which the Sparkasse is involved."

Is that normal? Do all banks do that? Can a small customer have this changed? If yes, which point should be changed?
 

toxicmolotof

2017-04-11 13:09:36
  • #2
Why do you want to have something changed and what exactly do you want to have changed?

Read carefully what is written there and I'll tell you something: That is harmless compared to some other possibilities.
 

sisqonrw

2017-04-11 13:16:37
  • #3
I find points 1b and 2 acceptable. I'm a bit unsure about point 1a. But if it's not that bad, then everything is fine. That's why I asked here.
 

HilfeHilfe

2017-04-11 13:27:26
  • #4
1a is common practice. The loans are bundled into some kind of covered bonds by almost all banks and sold without you noticing.

For you as a customer, nothing changes with the sale as long as you meet your obligations (pay on time).
 

lastdrop

2017-04-11 13:49:53
  • #5
Well, 1a) already includes the sale of the claim to another bank (within the Sparkasse group).

As a lender, I could also argue that "Zum Zwecke der Refinanzierung..." also includes that I can simply sell the claims to third parties, thereby refinancing myself.

In this case, I would also be inclined to view the whole thing benevolently and accept it.

Alternatively, you could ask the bank what an exclusion of 1a) would mean in terms of an interest rate increase. Some banks go along with that.

Note: The bank may also assign my own financing; I consider the risk acceptable.
 

sisqonrw

2017-04-11 14:13:10
  • #6
I will try to bring this up at the next opportunity. Can they assign the claim with point 1a and the new creditor simply sell the house?
 

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