Financing confirmation and conditions - experiences?

  • Erstellt am 2016-04-22 17:04:43

BaufiiProfii

2016-04-23 16:15:56
  • #1
According to the new mortgage credit directive which has been in effect for about one month, the bank must advise you extensively, keep a record of this, hand it over to you, and also state an interest rate for the financing in this record (similar record-keeping as has been mandatory in securities transactions for years). This is also included in the new ESIS leaflet and the bank is bound to it for the duration specified in the leaflet. If you have not received this leaflet, the bank has clearly violated EU consumer law and I would definitely keep my distance from this institution.

Best regards
 

Haustraum2016

2016-04-23 22:44:57
  • #2
Hello everyone and thank you very, very much for your answers.

I spoke today with an acquaintance who also financed through the same bank (same branch), and she also confirmed to me that what our banker thinks is not correct. So we will ask for another meeting with him on Monday. At the same time, we will ask the other bank - which is also a Volksbank - for a conditions offer.

@BaufiProfi: We received the consultation protocol on Tuesday. However, it says nothing about conditions and we also did not receive the Esis information sheet.

For us, it is almost certain that we will not commission a notary this way.
I hope everything will turn out for the best.

Best regards
Haustraum
 

toxicmolotof

2016-04-24 02:09:06
  • #3
Caution! Since March 21st, not every "consultation" is a "consultation" anymore. As it sounds (no conditions, no contracts, no financing confirmation, etc.... it could not have been a consultation. After all, there was no ESIS either. What particularly supports this assumption is the fact that not all necessary documents from the borrowers (pay slips) were available yet. You can twist that however you want.
 

BaufiiProfii

2016-04-24 08:15:45
  • #4
Even in a purely informational conversation, the bank is actually required to provide you with pre-contractual information and normally also the Esis leaflet, because some kind of offer was clearly made here. Strictly speaking, the bank is therefore clearly violating applicable law and one could definitely file a complaint with the [Bundesanstalt für Finanzdienstleistungsaufsicht]. In any case, do not conclude a loan agreement with this bank; the other bank will surely also assist you with financing. Just as a side note, the notary appointment is usually arranged by the bank, so you do not need to worry about that.
Kind regards
 

Haustraum2016

2016-04-24 09:28:15
  • #5
I also don’t have a good feeling about this. We already wanted to buy a house last year and went to the bank then. Back then, it took quite a long time until we got the approval – however, my husband is self-employed and we had to submit many, many documents (BWAs, income tax assessments, etc.). But all the time we had a good feeling – the advisor always kept us well informed. He also gave us a financing plan and whenever we wanted to change something, we received an updated financing plan. At that time, the advisor always told us that the financing would work, but he would only give us the OK to sign the purchase contract once he had the finalized loan agreements on his desk for signature. That’s exactly how it was. He called and said: "They are here now, you can arrange the notary appointment." At that point, we already had the notarized draft of the purchase contract and only had to sign the purchase contract. Unfortunately, the seller then backed out and we were left with the notary costs. But never mind, that’s another matter.

But back then, everything somehow went differently on the bank’s side and we always had a good feeling, which we don’t have now. Unfortunately, our advisor from back then is no longer with the bank, otherwise we would have turned to him.

This time we knew what the bank needed for the review and brought documents like current BWAs, etc. to the consultation appointment right away. The next day we sent missing documents (pension insurance statement and private pension contract) by email to the bank. According to the advisor, the bank now has everything required except proof of equity capital and a self-disclosure. However, the advisor did not tell us when we should submit the proof of equity capital and the self-disclosure. And something else just caught my attention that actually tells me that the financing is not yet "approved":

In one consultation protocol, under the point "further documents to be submitted," next to proof of equity capital and the self-disclosure, PURCHASE CONTRACT is also listed. Below it says: "We point out that these documents are needed in order to carry out a proper creditworthiness check. A creditworthiness check is mandatory for the conclusion of the loan agreement."

For me, that means that as long as no purchase contract, no proof of equity capital, and no self-disclosure are submitted, no financing commitment can be made either. Or am I misunderstanding this?

By the way, the notary (whom we have named) will be commissioned by the faulty bank; we also have this in writing. However, this letter also states that – as soon as the notary has been commissioned (but a written financing commitment as well as approval from seller and buyer must first be available) – anyone who then possibly backs out must also bear the notary costs incurred up to that point. We found that good because last time the seller backed out, but we were left with the notary costs because we had commissioned him.

Of course, we are now also afraid that we will give the faulty bank the OK to commission the notary and then be left with the costs again if for some reason the financing falls through. Therefore, until everything is clarified and we have a written financing commitment and the exact loan conditions, we will not give the OK to commission the notary.

And tomorrow we will make an appointment directly at the faulty bank but also try again to talk to our banker because apparently, quite a few things are going wrong here after all.
 

BaufiiProfii

2016-04-24 09:44:04
  • #6
A purchase contract has absolutely nothing to do with the creditworthiness check, how should one, for example, infer your debt service ability or similar from it? For that, you submit your [BWAs], for example. So this business practice of your bank is really quite opaque, almost somewhat dubious. Under no circumstances would I, in your position, arrange a notary appointment without having fully secured the entire financing beforehand!
 

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