Mortgage credit directive Brussels 12 March 2014 ECCG meeting DG Markt, Unit H3.

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Presentation transcript:

Mortgage credit directive Brussels 12 March 2014 ECCG meeting DG Markt, Unit H3

”Mortgage credit Directive” Proposal for a Directive on credit agreements relating to residential immovable property – COM(2011)142 - Ensure responsible lending and borrowing behaviour; - Take the first steps to creating a single market with a high degree of consumer protection. Entry into force of the Directive – March 2014 Transposition deadline – March

Content of the Directive Scope Information to consumers Principles and quality standards for performance of services Creditworthiness assessment Early repayment “New” Articles Credit intermediaries Cooperation between competent authorities 3

Scope Positive scope Credits secured by a mortgage or comparable security Home loans Exclusions Member States’ options under certain conditions 4

Information to consumers Advertising Standard information General information Pre-contractual information European Standardised Information Sheet Credit intermediaries Adequate explanations 5

Principles and quality standards Principles for contacts with consumers Fairness, honesty, professionalism Remuneration Quality standards for performance of services Competence and knowledge requirements Advisory services 6

Creditworthiness assessment Obligation prior to granting the credit 'Relevant factors' The creditor only makes the credit available where… Early repayment Right to repay early Possible conditions for exercising the right (MS) Possible compensation for the creditors (MS) 7

‘New’ Articles Tying practices Prohibition as a principle, with exceptions Foreign currency loans Information in advertising and in the ESIS Specific rules to limit risks linked to the currency Property valuation 'Reliable standards' High- level principles on appraisers 8

‘New’ Articles Financial education Arrears and foreclosures Reasonable forbearance by creditors Caps on charges in the event of default Best effort price Return or transfer of the property can be sufficient to repay the credit if parties agree so 9

10 Credit intermediaries Minimum criteria to get admitted by the home MS Registration No further admission needed to operate in other MS Competent authorities of different MS Obligation to cooperate EBA's possible assistance

Thank you for your attention 11