michaelc
Member of DD Central
Say No To T.D.S.
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Post by michaelc on Oct 17, 2016 21:12:00 GMT
Hi
Would someone be kind enough to answer a question or two I have about loan security. If I am to lend where the asset provided is on the basis of a second charge, is there anything to prevent the borrower increasing his facility with the first charge lender so that the overall LTV (on my second charge loan) increases ? Or perhaps all lenders (1st, 2nd, 3rd etc) need to agree before any further loans are issued on the security?
Similarly, in the p2p world, could the platform make further loans whenever it and the borrower feel like thus diluting the security of any loan take out prior to that point? I guess that is allowed when it is stated upfront such as in development loan tranches but can it also be done without such upfront clarity?
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ablender
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Post by ablender on Oct 17, 2016 22:29:43 GMT
I am interested in the above but as I see it, if someone can get more on a first charge they will not go for a second charge as it will cost them more. If a first charge lender knows that a person has borrowed on a second charge, I suppose they will be less likely to increase their share of the loan. I would like to hear other opinions as I am not an expert and therefore my thinking might be wrong.
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pikestaff
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Post by pikestaff on Oct 18, 2016 6:28:33 GMT
If we are talking about loans secured on a single property, I think that an additional loan by the first charge holder would not benefit from the first charge and would rank third, provided all charges had been properly registered. However, if the borrower falls into arrears, any arrears on the first charge will rank ahead of the second charge. That's the real risk, and one of the reasons why the value in a second charge can be eroded quickly.
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