Question regarding the clause on the assignment of loan claims

Hello everyone,

in our loan agreement to be signed, there is a "note on the assignment and transfer of loan claims" that is now making me uncertain.

"Claims arising from the loan relationship can be assigned to third parties. The lender can transfer the contractual relationship to other persons without your consent, e.g., in the event of a business restructuring."

Interhyp told me not to worry because the conditions would not change even then. At the same time, there is hardly any bank where it would be different. Nevertheless, I find the wording very vague.

What do you think? Is this critical?
Best regards

There are indeed banks that waive this clause upon request or do not use it at all.

In this respect, you can probably unmask the advisor more as a salesperson and not even a very good one at that.

The fact is: Pacta sunt servanda. Contracts must be honored.

It only becomes difficult when the creditor suddenly sits abroad instead of bank xy or who knows who it is.

You can't really protect yourself from that anyway, especially if the whole bank is bought instead of just the loan.

Among banks, I see loan sales as quite unproblematic, but there have been cases that caused unnecessary stress.

My bank has explicitly excluded the assignment, therefore I cannot confirm that one can hardly find a bank.

With local banks, it is sometimes possible to negotiate a waiver of this clause, especially if you have a good relationship with the account manager. However, banks often reserve the right to transfer the loan even if it becomes non-performing.

With direct banks, a waiver is likely difficult or impossible to negotiate because their infrastructure is not designed to negotiate contract terms individually.

I see no major problem with the transfer, especially if I assume that I will not have to speak with the financing bank for the next 10-20 years and will only be repaying principal and interest.

However, if I had been financed at the limit or could not rule out the risk that I would need contract adjustments, I would look into it more closely.

A few years ago, there was a loophole in the sale of such contracts that could potentially plunge borrowers into huge problems. In 2008, the risk limitation law (googeln) was therefore enacted.