Loan agreement: Exclude cost-incurring sale of claims?

  • Erstellt am 2017-01-04 11:09:07

unknown30

2017-01-04 11:09:07
  • #1
Hello everyone,
I would like to generally ask around what your opinion on the topic of receivables sales is.

Short explanation: If the clause "Forderungsverkäufe" is included in the contract, the bank can, under certain conditions, sell the loan agreement further.

Should receivables sales (possibly for a fee) be excluded in the loan agreement?
Is this part of your contract?

It must be distinguished whether the contract was concluded before or after 2008. Since 2008, the Risk Limitation Act applies. New: Now, at the time of contract conclusion, this must be pointed out and the bank is only allowed to sell the loan if you are two payments in arrears. Furthermore, you are informed if the creditor changes.

I am not worried about the payment on our side. A broker wants to make me an offer which is better or at least equal to my current offer, but excludes receivables sales. Previously, I considered the clause as "normal" and did not think much of it. Should I therefore still change the bank or leave everything as it is?
How do you handle the "risk"?
Regards
 

HilfeHilfe

2017-01-04 11:30:00
  • #2
I don't know which institutions exclude the sale of receivables. But as you say, it doesn't matter anyway. If you default, a bank can repossess your property anyway (worst case).

In my opinion, the sale of receivables does not exclude that your loan gets "packaged" into an MBS or mortgage bond and sold to me.

Personally, I wouldn't care.
 

DG

2017-01-04 14:44:33
  • #3
Hello!

I would do it depending on the respective bank. If it is an "Internet bank" or a bank with which you have no other business relationship, I would definitely exclude the sale of claims. Institutions that buy such claims are definitely not from the [Heilsarmee], they necessarily have to proceed aggressively; that is ultimately the real problem.

Best regards
Dirk Grafe
 

toxicmolotof

2017-01-04 15:30:06
  • #4
Some savings banks or Volksbanken gladly exclude something like that because it is generally not done, because it does not fit into the house policy.
 

ONeill

2017-01-04 21:24:48
  • #5
That's how it is with our savings bank.
 

unknown30

2017-01-05 00:53:24
  • #6
Thank you for your answers.
With us, the clause is included in an offer from the "German Bank" (translated). A Sparkassen offer excludes this, but (at least for us) has significantly worse conditions. I think the better conditions are more important.
 

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