The borrower has the right to get a mandatory warning from the credit intermediary and get information from the lender, the court has just ruled, otherwise these two professionals have their responsibility to this customer.
This system is especially intended for borrowers who want to maintain cash flow or for borrowers who are already indebted, as it initially reduces monthly repayments. The actual repayment is deferred to a later period, during which the borrowers expect better financial capabilities, for example because they will finish repaying an earlier loan in progress.
So a couple in this case took out a mortgage to be paid in twenty years to purchase their principal residence. But it was agreed that the repayment terms would be reduced during a first level of about four years, before increasing them thereafter. At the end of these four years, the principal to be repaid has increased because the maturities paid do not cover all the interest alone. The remaining interest has been capitalized i.e. it is added to the principal to generate new interest over time.
The couple, who repaid a total of about 25,000 euros in installments, faced a capital to be repaid which had increased by 5% from the start.
These clients argued that this negative amortization, in which the maturities are less than the interest to be paid, is a dangerous product because it can increase debt, and the responsibility of the lender as the credit broker for not issuing a warning. when subscribing.
In the case of individuals, who are inexperienced with regard to credit, the judges held that they were right and the professionals held their responsibility by not emphasizing the risks.
Selon La centrale de financement, « le lissage de prêts correspond à l’aménagement des remboursements d’un prêt amortissable pour permettre aux emprunteurs de contracter un emprunt en continuant de rembourser un ou plusieurs autres crédits du vereau veron s du sère Home loan. An easy loan is a type of mortgage that makes it possible to maintain a comprehensive monthly payment and equal debts throughout the financing period.