After sale shared equity procedures: guidance 2019
Updated guidance to procedures to be followed for all after sale transactions related to shared equity properties.
7 Subsequent Securities
The terms of the Ranking Agreement prohibit the shared equity owner from granting any subsequent securities (i.e. securities ranking behind both the Primary Lender and the RSL or, as the case may be, Scottish Ministers) without receiving the consent of both the Primary Lender and the RSL or, as the case may be, Scottish Ministers.
Also, the terms of the shared equity agreement which the owner will have entered into with Scottish Ministers provides that, if another security is granted without the consent of Scottish Ministers, this triggers a "payment event" which would require repayment by the owner of Scottish Ministers' equity loan.
As a matter of policy, and in order to help ensure that owners can continue to afford to meet their secured lending commitments, Scottish Ministers will not give consent to the creation of any such additional securities, even if the proposed lender is willing to enter into a new ranking agreement in terms of which the new standard security would be third-ranking behind the securities in favour of the Primary Lender and the Scottish Ministers.
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