• Allgemein

Mortgage Loan Agreement Hk

As summarized above, Section 18, paragraph 1, of the MLO provides that a reference that meets the minimum content requirements set out in section 18, paragraph 2, is signed personally by a borrower within 7 days of entering into a loan agreement, otherwise the loan agreement is not applicable. In the event of non-compliance with paragraphs 18, paragraphs 1 and 2, in accordance with section 18, paragraph 3, the onus is then on the lender to satisfy the court that it would be unfair in all circumstances to refuse the execution. Section 18 (3) gives the Tribunal a very broad margin of appreciation that allows it to rewrite the loan contract as the court finds it fair. It ranges from the cancellation of the loan agreement, on the one hand, to the power of attorney of the agreement as a whole, on the other. If, in all circumstances, it is unfair not to impose such an agreement or guarantee, the court has absolute discretion to order enforcement to such a measure and subject to such amendments or exceptions, as the judge deems appropriate. Encouraged by the success of Phase I of the standardization project and in response to industry demand for the development of a tripartite mortgage form, HKMC reconsated the steering committee in March 2003. In order to update the model documents 2001 Edition and develop a complete set of documentary documents for mortgages: This case emphasizes the importance not only of respecting section 18 and the rest of the MLO, but also with understandable documentation that cannot be considered misleading. Lenders should therefore bear in mind that the courts do not always enforce a non-compliant loan by allowing capital recovery and an interest rate on the market. The court expects licensed lenders to have documents and practices that allow borrowers to understand what they are willing to do. Therefore, it is important for licensed lenders to establish clear, simple and MLO-compliant credit documentation. The Tribunal considered the effects of Section 18 in Fast Billion Holdings Ltd/Sun Pui Yuk (2019). In the case of almost EUR 1000 billion, the lender received HK 60,000 in additional advance interest, but this was not mentioned in the Section 18 communication, which raised the effective interest rate from 30% per annum to almost 42% per year.

The court did not appreciate the way the lender hid this, and the fact that the lender`s representative seemed to be twisting the truth in his sworn insurance. The court therefore found that it was not unfair to maintain the loan irrecreatively. What is the difference between the „real interest rate“ and the „interest rate“ to check whether the effective interest rate exceeds 60% in absolute terms? The Easy Fortune court confirmed that if a real interest rate was indicated in Section 18 of the note, Schedule 2 to the MLO, which contained a formula for calculating an „interest rate“ in certain situations, had no application.