Bank of Ireland as Bank of Ireland Mortgages

Transcription

1 Bank of Ireland as Bank of Ireland Mortgages < Back to handbook selection Part 1: England and Wales Last modified: 01/07/2017 Part 2: Bank of Ireland as Bank of Ireland Mortgages Last modified: 03/10/2017 Print PDF Part 2 only 1.7 Contact point to see if the lender will lend when borrower and mortgagor are not one and the same. Case Manager. The address details and the telephone & fax numbers can be found on the first page of the Offer. There is no need to contact us if it's a First Start mortgage case and this is permitted under the offer conditions. 1.11aContact point for standard documents. 1.11bContact point if standard documents are inappropriate May your firm act if the person dealing with the transaction or a member of his immediate family is the seller? Yes, provided that the separate fee earner dealing with the transaction for the lender is of no less standing within the firm and is not the seller or related to the seller. Otherwise, your firm may not act in these circumstances May your firm act if the person dealing with the transaction or a member of his immediate family is the borrower?

2 Yes, provided that the separate fee earner dealing with the transaction for the lender is of no less standing within the firm and is not the seller or related to the seller. Otherwise, your firm may not act in these circumstances Does the lender require notification of the name and address of the solicitors firm or licensed conveyancers firm acting for the seller? Yes, please advise the Case Manager in writing If different from 1.11, contact details if the lender needs to be notified when the seller does not have legal representation. It is not necessary to contact us unless there is a family or business connection between the buyer & seller and the property is being gifted or sold at an undervalue. If you do need to contact us please see the front page of the Offer for the contact details What other documents are acceptable for verifying identity? None Does the lender require notification of the name and address of the solicitors firm or licensed conveyancers firm acting for the seller? Yes, please advise the Case Manager in writing If different from 1.11, contact details if the lender needs to be notified when the seller does not have legal representation. It is not necessary to contact us unless there is a family or business connection between the buyer & seller and the property is being gifted or sold at an undervalue. If you do need to contact us please see the front page of the Offer for the contact details. 4.1 Is there a valuation report and if so, does the lender provide it? If we instruct a Valuer to carry out a physical inspection of the property then a copy of the valuation report obtained will be provided. 4.3 If different from 1.11, contact point if assumptions stated by the valuer are incorrect. 4.5aIf different from 1.11, contact point if re-inspection required.

3 4.5bWhere should the certificate of title be sent? If different from 1.11, the contact point if the seller has owned the property for less than 6 months: If different from 1.11, the contact point if the seller is not the owner or registered proprietor and is not listed in the exceptions above: Does the lender want to receive environmental or contaminated land reports? Yes, but only if they have been obtained as a result of any contaminated land entries revealed in the Local Authority search Does the lender accept personal searches and, if yes, what are the lender's requirements? We accept only personal searches carried out by firms registered under The Search Code, monitored by the Property Codes Compliance Board Does the lender accept search insurance and, if yes, what are the lender's specific requirements? For remortgage transactions only, of up to and including 1 million, we do not require the Solicitor to make a Local Authority search or to effect local search insurance. Instead we shall take out a local search indemnity policy at our own expense. We will be the sole named insured on the policy. The Solicitor is also not required to carry out any mining, Cheshire Brine or commons registration searches on our behalf for remortgages up to 1 million. However, we recommend these are undertaken, where appropriate, if not previously carried out on behalf of the applicant(s). For purchases, only if the local search obtained for the transaction is now more than six months old and you are satisfied that the insurance policy adequately protects us aIf different from 1.11, contact point for reporting if evidence of breach and all outstanding conditions will not be satisfied by completion: 5.5.3bDoes the lender require an original/copy of the planning permission? 5.5.3cDoes the lender require an original/copy of the building regulation consents?

4 5.5.3dDoes the lender require certificates of lawful use or development/established use certificate? If different from 1.11, contact point if the property is subject to restrictions which may affect its value or marketability aDoes the lender lend on flying freeholds? Yes, where only part of the subject property is affected. There is no requirement to report these flying freeholds to us bDoes the lender lend on freehold flats? 5.7.1cIf the lender is prepared to accept a title falling within 5.7 and the property is a freehold flat or flying freehold, to which contact point must this be reported? Does the lender accept security which comprises a building converted into not more than four flats where the borrower occupies one of those flats and the borrower or another flat owner also owns the freehold of the building and the other flats are subject to long leases? Yes. We require a charge on the freehold if it is wholly owned by the borrower, even if the principal security is a leasehold title Does the lender accept security which comprises one of two leasehold flats in a building where the borrower also owns the freehold reversion of the other flat and the other leaseholder owns the freehold reversion in the borrower's flat? If so, are there any specific requirements? Yes to bullet point 1. For bullet point 2, we require a first charge on both the leasehold and freehold interests. The lease(s) must comply with the requirements set out in of Part Does the lender lend on commonhold? Yes If different from 1.11, contact point if there is a restriction on use.

5 If different from 1.11, contact point if borrower is not providing balance of purchase price from funds/proposing to give second charge What minimum unexpired lease term does the lender accept? Yes, subject to a minimum lease term of 85 years. The unexpired lease term must be at least the mortgage term plus 45 years. See also If different from 1.11, contact point for matters connected with the lease: A property will be considered to have onerous leasehold terms where one or all of the following is identified The original lease term on a new build flat (or second hand flat built post 2000) is less than 125 years The original lease term on a new build house (or second hand house built post 2000) is less than 250 years The maximum ground rent at the start of the lease term exceeds 0.1% of the property value or 500 a year whichever is the higher. The ground rent must remain reasonable at all times during the lease term, with unreasonable multipliers not allowed. For example, it is acceptable for ground rent escalation to be linked to RPI (Retail Price Index) or a similar index and where this is the case we do not need to be advised. However, unreasonable multipliers of ground rent will not be permitted, for example, doubling every 5, 10 or 15 years. These must be referred to us and we will advise if our mortgage offer remains valid. If you are unsure as to whether the terms of a lease are unreasonable, please refer the details to us. The lease must be amended to comply with the above. If not the case cannot proceed If different from 1.11, contact for service charge matters: Does the lender accept indemnity insurance where the terms of the lease are unsatisfactory? Yes, subject to & of Part 1, provided the lease defects are those normally covered by indemnity insurance where a Deed of Variation is not possible Does the lender require a clear ground rent/service charge receipt to be sent to you? However, please ensure you obtain one on or before completion Does the lender require a receipted copy of notice or evidence of service to be sent to you? aIf different from 1.11, contact point if there is an absentee/insolvent landlord:

6 bDoes the lender accept indemnity insurance if the landlord is absent or insolvent? Only if such insurance covers us in the event of a failure to insure or repair the common parts and services aIf different from 1.11, contact point if there are apparent problems with the management company: bDoes the lender need to be sent the management company share certificate? cDoes the lender need to be sent the signed blank stock transfer form? dDoes the lender need to be sent the management company's memorandum and articles of association? If different from 1.11, contact point if unable to certify search entry does not relate: aDoes the lender need to be sent the power of attorney? bDoes the lender need to be sent the statutory declaration of non-revocation of power of attorney? If different from 1.11, contact point for lending on affordable housing, shared equity and shared ownership and where relevant your requirements: We don't lend on a shared ownership basis. Affordable housing and shared equity schemes will be considered if details are provided. Please see the front page of the Offer for the contact details Does the lender require me to report to them where the lease does not meet the UK Finance minimum requirements for leases of roof space for solar PV panels? Yes.

7 Does the lender have additional requirements relating to leases of roof space for solar PV panels, and if so, what are they? Does the lender require you to disclose the details of any existing Green Deal Plan(s) on a property? Yes If different from 1.11, contact point if borrower is not taking up the mortgage offer: If different from 1.11, contact if any discrepancies in property's description: If different from 1.11, contact point for any issues relating to purchase price: Does the lender require me to report incentives? You must send us the CML Disclosure of Incentives Form. You must also advise us if other incentives are agreed subsequently If different from 1.11, contact point if we will not have control over the payment of all the purchase money: If different from 1.11, contact point if vacant possession is not being given: If different from 1.11, contact point if property is let/to be let and to check you lend on buy-to-let: There is no need to check with us if the existing or proposed letting complies with the terms of the Offer If different from 1.11, contact point when you do not have details of current letting or letting to take place at completion:

8 6.6.3 Does the lender require counterpart/certified copy tenancy agreement to be sent to you? Does the lender lend where the property comes within the definition of a house in multiple occupation? If yes, what are your requirements? You must report this matter and not proceed without our written consent. We will not lend if the property is a HMO and one or more of the following apply: 1. The property is occupied by five or more adult persons. 2. There is more than one tenancy agreement in place. 3. The property is subject to mandatory or additional licensing by the local authority. We may accept properties that are subject to selective licensing by the local authority but not if any of points 1 to 3 also apply What new home warranty schemes are acceptable to the lender? NHBC Zurich Municipal LABC Build-Zone Premier Guarantee (provided the insurance cover offered is greater than, or equal to, the market value or insurance figure, whichever is the greater) Building Life Plan (provided the cover includes the contaminated land and health & safety for occupiers options) Castle 10 from Checkmate (provided any outbuildings also being constructed are included in the cover by endorsement) The Q Policy for Residential Properties, Bespoke Properties & Completed Properties Construction Register (CRL) International Construction Warranties (ICW) Protek Advantage HCI Aedis Warranties Limited What new home warranty documentation should be sent to the lender? None Should any assignments of building standards indemnity schemes be sent to us? Will the lender proceed if the property does not have the benefit of a new home warranty scheme? Only if a Professional Consultants Certificate (complying with the requirements set out in parts & and in the form of Appendix 1) is provided as an alternative Does the lender need to be sent the professional consultant's certificate?

9 6.8.1 If different from 1.11, contact point if no agreement and bond for an unadopted road or sewer: If different from 1.11, contact point if necessary easements are absent: Who will the lender release any retentions (or instalments of the advance) to? We no longer make retentions from the advance If different from 1.11, contact point if property is affected by redevelopment or road proposals: If different from 1.11, contact point if pre-emption rights, resale restrictions, options etc will affect the lender's security: If different from 1.11, contact point if property is affected by improvement/repair grant which will not be discharged: 7.3 Does the lender require a consent to mortgage from all occupants aged 17 or over? Yes, save in cases where the borrower has received a Buy to Let Offer and there is an assured shorthold tenant in the property. In such cases, we will not require the assured shorthold tenant to sign a consent to mortgage. 7.4 If different from 1.11, contact point if doubts about accuracy of information disclosed: 8.1 Does the lender allow me to advise any of the specified third parties? No to bullet point 1 clause 8.1 unless you comply with the relevant special conditions set out in the Offer if the borrower has received a First Start mortgage offer. No to bullet point 2 clause 8.1. Yes to bullet point 3 clause 8.1.

10 9.1 Does the lender need to be sent the indemnity insurance policy? 9.2 What limit of indemnity insurance does the lender require? The limit of indemnity must be an amount not less than the market value of the property. 10.2aWill the mortgage advance be paid electronically or by cheque? Electronically - a 30 fee is deducted from the advance. 10.2bWhat is the minimum number of days notice lenders require? 3 working days - plus an additional 5 working days if a final inspection of the property is required What are the standard deductions made from the mortgage advance? You will be notified of these at the time you receive our instructions On a delayed completion, when and how is advance to be returned? No later than 1 working day after the date originally planned for completion (unless we agree otherwise). We require the advance to be returned by telegraphic transfer to the bank account specified on the second page of the Certificate of Title. Please quote the mortgage account number. It would be helpful if you could advise us of any revised completion date If different from 1.11, contact point if completion is delayed? How long can you hold the mortgage advance before returning it? 1 working day unless we agree otherwise What, if any interest does the lender charge if return of the advance is delayed? We reserve the right to charge you interest at the rate applicable to the mortgage If different from 1.11, contact point for release of retentions/mortgage advance instalments: Does the lender require me to make a form CH2 application?

11 Yes, but only for cases where the loan is to be made in instalments or if there is any deferred interest, retention or stage release Does the lender need to be sent the original mortgage deed and/or any other original title documents? Where should the title deeds and documents be sent? Mortgage Services Department, Securities Section, Bank of Ireland UK, PO Box 3191, One Temple Quay, Bristol, BS1 9HY. DX Bristol Which documents must I send after completion? The title information document and all other documents you have been asked to send us under these Part 2 answers. This includes where applicable: Professional Consultant s Certificate; Defective Title Indemnity policy; Power of Attorney; Mortgage Deed (First Start cases only); Certified copy of existing Tenancy Agreement (if a Buy-to- Let remortgage). For leasehold title deeds we also require the Receipted Notice of Transfer/Mortgage; and Management Company documentation If different from 1.11, contact point for title documents: Does the lender have a standard form of transfer/deed of covenant? If different from 1.11, contact point for finding out the debt amount: Does the lender need to be sent the transfer of equity? aIf different from 1.11, contact point for obtaining execution of transfer equity:

12 16.3.7bWhat form of attestation clause does the lender use? "THE COMMON SEAL OF THE GOVERNOR AND COMPANY OF THE BANK OF IRELAND was affixed hereto by authority of the Directors:" If different from 1.11, contact point for application for consent to letting: Mortgage Services Department - Tel No ; Fax No If the mortgage is a Buy to Let mortgage please refer to the special conditions in the Offer Does the lender need to be sent a copy of the proposed tenancy? Yes, except in Buy to Let cases where the tenancy agreement complies with the requirements set out in the relevant offer condition If different from 1.11, contact point for confirming proposed deed or agreement will not adversely affect the lender: aWhere should the deed of variation be sent? bWhere should the deed of rectification be sent? cWhere should the deed of easement be sent? dWhere should the option agreements be sent? If different from 1.11, contact point for redemption statements:

13 17.2.1aWhere do you send the discharge and repayment remittance? bDoes the lender send the discharge via a DS 1 form or direct with the Land Registry? Direct with the Land Registry.