A guarantor responds with everything he enters or will enter, in addition to all his assets. In addition, the bank can go against the guarantor rather than against the principal holder if he wishes by including some clauses in which we waive the benefit of the order, division, and excuse.
The non-indebted person, the mortgagee, is the individual who utilizes an objective property of which you are the proprietor to ensure the obligation that an outsider has contracted with your leaser. That is, he is the person who puts his property as an assurance. However, he is not an account holder since you neither get cash nor are committed to bringing it back.
Even though the facts demonstrate that the typical practice is that the account holder is likewise the person who contributes a portion of his benefits as security, the law (article 1857 of the Civil Code) permits separating these positions, subsequently comprising an assurance for the outer obligation, along these lines, the individual mentioning a credit will be obliged to reimburse this sum (account holder). At the same time, the outsider that comprises a home loan on their property ensures the commitment if there should be an occurrence of default by the indebted person.
If something implies essential obligations and the Spaniards have signed without informing us, they are the mortgage loan deeds. Due to ignorance or overconfidence sometimes and other negligence, many people have come to the firm before a notary, by the hand of their director of a lifetime (or the bank’s agency), without reading the binding offer.
In the most practical way possible, let us try to explain the different figures used by the bank to reinforce a mortgage operation:
- The guarantor
- The non-debtor mortgagee
- The holder of the mortgage loan does not own the property
The Non-Debtor Mortgagee
This figure is less known to the public, not because it is not used, but because it is not explained. The mortgagee does not borrow a mortgage on his home but owes the bank nothing. Well, technically, in practice, it is something else.
The financial institution takes a mortgage guarantee from the non-debtor mortgagee, responding to your home only in the mortgaged part (response for the mortgage liability assigned to your estate).
A couple requesting a 100% mortgage plus expenses is the most frequent case. Currently, the maximum that banks usually grant is 80% of the valuation; sometimes, they give the option of mortgaging another home to reach 100% (and the mortgagee’s non-debtor’s home is mortgaged).
Mortgage Holder without Ownership
The last figure we will study in practice resembles that of the guarantor, although it has some differences worth commenting on.
It would be the case in which we sign as holders of the mortgage loan deed, but we do not appear at all in the sale. We assume a mortgage debt without receiving a percentage of any housing in return. It is a delicate position in taxation since it could be considered a covert donation (if a part of the mortgage payments is paid).
Some entities have used it to increase the family unit’s income and for an operation to pass its scoring. Under the assumption that the mortgage holder also pays the fee, the debt ratio improves. This rarely happens since the false guarantor produces nothing and only refines the operation.
The essential practical difference with the guarantee is that being a guarantor, we leave CIRBE as an indirect risk, and being a mortgage holder is an immediate risk. And it will be more difficult for us to obtain subsequent financing if our threat is direct.
These three legal positions are those that financial institutions use to reinforce the operation (in bank slang), that is, to have more guarantees to collect if the principal holder of the mortgage does not pay. We must be apparent if the formula satisfies us and if we are willing to bear the consequences. It would be best if you always put yourself in the worst case: the one who has requested the mortgage does not pay.
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