Equitable and Third Charge Secured Loans.

third charge secured loan

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If you need to raise a substantial amount of money comparatively quickly, taking out a secured loan against your mortgaged home could offer a solution.

You may also be eligible to take out a secured loan if you have an existing secured loan agreement against the property or if your home is mortgage-free.

We explain how second and third charge secured loans work and what should be considered before you apply.

How Do Property Charges Work?

Understanding Property Charges in Relation to Loans and Mortgages

When you take out a loan or mortgage secured against your property, it is registered as a charge on that property. The type of charge determines the order in which lenders are repaid if the property is sold. Here’s how they work:

 

  • Mortgage – The First Charge : This is the primary mortgage secured against your property and takes priority over all other loans. It is the most common type of mortgage and is typically used to purchase a home or for remortgaging purposes.
  • Second charge mortgage (secured loan):

    A second charge is a loan secured against your property in addition to your first mortgage. It allows you to borrow further funds using the equity in your home without changing the terms of your original mortgage.

    As the name suggests, a second charge can only be registered if there is an existing first charge in place. However, if your property is mortgage-free, you would not be eligible for a second charge loan. In such cases, the first option to raise finance would be through a mortgage or a micro mortgage. A micro mortgage is a smaller, often more flexible loan that operates similarly to a secured loan, and can serve as a suitable alternative where appropriate.

  • Third charge mortgage (secured loan): If you have enough available equity in your home, a third charge loan will also need to be secured against your property. It is classed as a third charge against your home and ranks behind the first and second charges.

 

The way the charges are ranked is important, especially when it comes to the repayment of the debt in the event of a default.

The first charge lender takes priority, followed by the second charge lender and then the third. If the property is sold and there are not enough funds to cover the repayment of all outstanding loans, the third charge lender may not recover the full amount owed.

To get a better understanding of how it all works and how it applies to your circumstances, you can speak with one of our advisors who can answer all your questions. 

how do property charges work

Can I use an unencumbered property or mortgage-free property as loan security?

We work with lenders who will consider loan applications from customers that want to use a mortgage-free property as security. These types of secured loans are classed as micro-mortgages, which we explain in more detail below.

As mentioned earlier, lenders refer to secured loans as “second charges”, as most applicants already have a mortgage in place on the property, which is classed as the “first charge”.

What this means in practice is that should the borrower default, the secured loan is second in terms of repayment priority, while the mortgage repayments take primary importance.

Mortgage-free properties do not have a first charge in place, making it impossible to arrange a traditional second charge (a secured loan).

As a workaround, some lenders offer micro-mortgages as an alternative, allowing successful applicants to access the funds they need. These applications are processed similarly to secured loan applications, resulting in much faster processing times than traditional mortgages and often completing more quickly than standard secured loans.

Can I apply for a secured loan if my mortgage provider does not consent to it?

When applying for a secured loan, most mortgage lenders require us to seek their permission to process the second charge. They then grant this permission in writing, referred to as “consent to a second charge.” While most mortgage lenders are comfortable granting second charges, there are rare occasions when a mortgage company may decline. This can be for various reasons, and in some cases, certain mortgage companies automatically decline all second charge requests.

However, we do work with reputable lenders that can offer secured loan solutions even if you do not have consent from your mortgage provider.

This is typically done through something called an equitable charge. An equitable charge grants certain rights over the property, while still allowing you to retain ownership and access funds.

These types of arrangements tend to be riskier for lenders, as the legal aspects can be more challenging to enforce. As a result, this means loan options can be limited, although there is usually a solution available to suit most parties.

If you are unsure about getting consent from your mortgage provider or have been turned down before, we can give you more details about equitable charges and your eligibility to obtain one. 

Equitable charge

Can I get a new secured loan if I already have a first and second charge in place?

In these types of scenarios, taking out an additional secured loan would see it referred to as a “third charge”, which is an option provided by several of the lenders we work with.

As with any secured loan, you will need to meet the lender’s eligibility criteria, which includes undergoing an affordability assessment, credit checks and property valuation.

Taking out a third charge loan means that you already have a first and second charge against the property, so the lender will want to establish that you have enough available equity to use as security.

In the event of a default, third charge loans are given a lower priority, which increases the risk for the lender. Depending on the lender and your circumstances, this may mean that there are higher costs involved and stricter eligibility rules in place.  

What are the benefits and risks of taking out a third charge loan?

Being aware of the benefits and risks of third charge loans can help you make a more informed decision about what to do next:

 

Benefits

  • You can access additional funds with a third charge loan, even if you have already used your first and second charge mortgages. It can be helpful for things like home improvements, debt consolidation or any other legal purpose.
  • Third charge loans are separate agreements and are not linked to your first or second charge mortgages. Provided you meet the lender’s eligibility criteria and are confident in your ability to repay the total loan amount, the loan may be possible. 

 

Risks

  • Interest rates are usually higher than those offered on first and second charge loans. This is mostly due to the higher risk involved for the lender, although there are other factors that can influence the rate offered.
  • The equity in your home will be further reduced by taking out a third charge loan. Depending on your circumstances, this could affect your ability to access further credit in the future.
  • Your home is at risk of repossession if you default on any of the loans secured against your home. Although it is often a last resort for many lenders, it is still a possibility if no other solution can be found.

 

It’s important to weigh up the pros and cons of applying

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We’re extremely proud to be rated ‘Excellent’ for our service standards. We’ve helped thousands of customers across the UK over the last 15 years to find the right finance for their needs – no matter how complicated the circumstances. And we look forward to helping you.

How to find the right lender for your needs

Understanding how second and third charges work can feel daunting, even if you have enquired about these types of loans before. Taking out any type of secured loan is a big commitment and a decision that shouldn’t be taken lightly, so it’s important to have access to the right skills and expertise that can help you make an informed choice.

At Willows, we are always available to answer your questions about second and third charge loans. Our advisors can guide you through the process and help you find the right lending solution that suits your needs. Give us a call today on 01656 766 158 to find out more.

 

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PRIVACY OF YOUR INFORMATION


At Willows Finance Ltd, we appreciate that your privacy is extremely important to you. With this in mind, we have put in place a number of measures to ensure that any personal details we obtain from you as a result of visiting this website is processed and maintained in accordance with accepted principles of good information handling and also in accordance with the Data Protection Act 1988.

 

This statement provides you with details of the type of information we may hold about you, how we obtain and use information and how we protect your privacy.

Clients Agreement

Information About the Services We Provide

Client Agreement and Initial Disclosure Document

Willows Finance Limited
Brocastle, Bridgend, CF35 5AS
Authorised and regulated by the Financial Conduct Authority
Firm Reference Number: 670052
Company Number: 06678545 (Registered in England and Wales)

This document explains the services we provide, the range of lenders and products we consider, how mortgage advice may be provided, and how Willows Finance may be paid. Please read it carefully before proceeding with an application.

If you need clarification about any part of this document, please contact us on 01656 766158.

Which Products Do We Offer?

Willows Finance arranges first and second charge mortgage products. Depending on the circumstances of the application, these may include:

  • regulated residential mortgages;
  • Consumer Buy-to-Let mortgages;
  • unregulated Buy-to-Let mortgages; and

We also arrange both regulated and unregulated bridging finance.

Not every product will be suitable or available to every customer. The products considered will depend on your circumstances, borrowing requirements, purpose of the borrowing, property, intended use of the property and the relevant lender criteria.

How Your Application Will Be Handled

Depending on your circumstances, Willows Finance may:

  • provide mortgage advice, make a recommendation and process the application.
  • provide a non-advised packaging service; or
  • introduce you to another regulated mortgage intermediary, such as Evolution Money, which will then provide the mortgage advice and recommendation.

Alternative Finance Options

If you are looking to increase borrowing secured on a property which already has a regulated mortgage, there may be different ways of raising the additional funds. Depending on your circumstances, these may include:

  • a further advance from your existing lender;
  • a remortgage or new first charge mortgage;
  • a second charge mortgage; or
  • unsecured borrowing.

Where applicable, we will make you aware of these alternatives before proceeding. The options we are able to assess or advise on will depend on the service being provided and the lenders available to us.

Regulatory Status

The regulatory status of a mortgage or bridging loan depends on the circumstances of the transaction, including the property, how it is or will be occupied, the purpose of the borrowing and the customer’s circumstances.

Our business includes:

  • regulated residential mortgage contracts;
  • Consumer Buy-to-Let mortgage business, which is subject to the separate Consumer Buy-to-Let regulatory framework;
  • unregulated Buy-to-Let mortgages;
  • regulated bridging finance where the transaction falls within the regulated mortgage regime; and
  • unregulated or exempt bridging finance where the transaction falls outside that regime.

We will identify the regulatory status applicable to your application and explain the service and protections that apply. The protections available to you can differ depending on the type of mortgage or loan.

Whose Products Will Be Offered?

The range of lenders and products we consider depends on the type of finance you require.

Second Charge Mortgages

We offer a comprehensive range of second charge mortgages from across the relevant market using a representative panel of lenders. We review our panel regularly to ensure that it remains sufficiently broad and representative. We do not consider products that are only available by applying directly to a lender.

First Charge Mortgages

We only offer first charge mortgages from a limited panel of 13 lenders. We consider the first charge mortgage products made available to us by Kensington Mortgages, The Mortgage Works, Aldermore, United Trust Bank (UTB), Together, Masthaven, West One, Norton, Bluestone, Vida, Pepper Money, Mansfield Building Society and Nationwide Building Society.

We do not offer every first charge mortgage available from across the market.

Bridging Finance

We consider products from a range of lenders available to Willows Finance for the relevant transaction.

Consumer Buy-to-Let and unregulated Buy-to-Let applications are considered within the relevant first charge, second charge or bridging route, depending on the structure of the transaction.

We do not provide a whole-of-market service and do not claim to consider every mortgage or secured finance product available in the UK. Our assessment is based on the lenders and products available through our lender and distribution arrangements.

Where the applicable regulatory rules require us to identify the lenders whose products we offer, the relevant lender list will be provided to you in a durable medium as part of the initial disclosure for your application. A lender list is also available on request where applicable.

Which Service Will Be Provided?

The service provided will depend on the lender, product and application route identified for your circumstances.

Applications Advised on by Willows Finance

Where Willows Finance provides the mortgage advice, we provide an advised mortgage broking service. We will obtain information about your needs and circumstances, assess the lending options available within the scope of our service and, where appropriate, make a mortgage recommendation.

We will make it clear where Willows Finance provides the mortgage advice and recommendation.

Packaging Services

We may also provide a packaging service. This is a non-advised administrative service under which we may collect information and supporting documents, complete administrative checks, liaise with the relevant parties and submit or progress an application.

When we provide a packaging service, we do not assess the suitability of the mortgage, provide mortgage advice or make a personal recommendation. Any regulated mortgage advice or recommendation will be provided by the appropriately authorised intermediary responsible for advising you.

Our packaging service is not a regulated advisory service. However, the mortgage itself and any arranging activity connected with it may still be regulated and subject to the applicable regulatory requirements. We will explain the nature and regulatory status of the service we are providing before you proceed.

Applications Referred to Another Regulated Intermediary

For some applications, particularly certain second charge mortgage applications, our sourcing exercise may identify a route where the subsequent mortgage advice is provided by another regulated mortgage intermediary.

In these cases, the Willows Finance service may include:

  • obtaining and reviewing your initial information and supporting documentation;
  • understanding your borrowing requirement and loan purpose;
  • considering affordability and eligibility information;
  • reviewing relevant lender criteria and available lending routes;
  • carrying out lender sourcing and considering alternatives;
  • providing an initial or provisional quotation where appropriate; and
  • introducing you to the relevant regulated intermediary.

After the introduction, the receiving intermediary may take over the detailed application, advice and recommendation process. We will make it clear where this type of referral arrangement applies.

Evolution Money Referrals

Where our sourcing process identifies Evolution Money Limited as an appropriate route and we introduce your application to Evolution Money, Willows Finance will not provide the regulated mortgage advice or make the final mortgage recommendation in relation to the Evolution mortgage.

Following the introduction, Evolution Money Limited will take over the detailed application and advisory process. Evolution Money will assess your needs and circumstances and will be responsible for any regulated mortgage advice and recommendation it provides in relation to the Evolution mortgage.

Willows Finance remains responsible for the service it provides before and in connection with the referral, including its initial assessment, sourcing and introduction activity.

Free Debt Advice

If you are experiencing financial difficulty, or if you are considering borrowing to consolidate existing debts, free and impartial debt advice is available from MoneyHelper and other free debt-advice organisation.

MoneyHelper: www.moneyhelper.org.uk

You should consider obtaining free debt advice if you are unsure whether further borrowing or debt consolidation is right for you.

Privacy Policy

We process your personal information in accordance with our Privacy Policy. Where we introduce you to a lender or another intermediary, that organisation will process your information in accordance with its own privacy information.

Willows Finance Privacy Policy: willowsfinance.co.uk/privacy-cookie-policy/

The Cost of Our Services and How We Are Paid

The way Willows Finance is paid depends on the lender, product and application route. We may receive a fee paid by you, commission paid by a lender or another third party, or a combination of these. We will explain the basis on which we will be remunerated in connection with your application.

Broker Fees Charged by Willows Finance

Where Willows Finance off an advised service our fees are split into two parts. A fee for the advice you receive and a fee for the processing of the application to completion. Both of these fees can be added to the loan rather than paid upfront or you have the option of paying them in advance. We do not arrange loans below £10,000.

Advice Fee

For the advice the fee is as follows;

For a first charge mortgage, our advice fee is 5% of the amount borrowed, subject to a minimum fee of £625 and a maximum fee of £1,250.

For a second charge mortgage, our advice fee is 5% of the amount borrowed, subject to a minimum fee of £625 and a maximum fee of £1,750.

Processing Fee

For a first charge mortgage, our processing fee is 5% of the amount borrowed, subject to a minimum fee of £625 and a maximum fee of £1,250.

For a second charge mortgage, our processing fee is 5% of the amount borrowed, subject to a minimum fee of £625 and a maximum fee of £1,750.

ServiceFirst chargeSecond charge
Advice fee5%, min £625, max £1,2505%, min £625, max £1,750
Processing fee5%, min £625, max £1,2505%, min £625, max £1,750

Fee Examples

On borrowing of £10,000 5% would be £500, but the minimum fee for advice and processing means that we would charge £625 for each to £1250 in total.

On borrowing £20,000 the total fees would be £2,000

On borrowing £50,000 the maximum fee means that we would charge a total of £2500 for a 1st charge mortgage and £3500 for a 2nd charge mortgage.

Commission Paid to Willows Finance

If your mortgage or loan completes following an introduction made by Willows Finance, we will receive commission from the lender or another third party in the distribution chain unless we tell you otherwise. Different lenders may pay different amounts and may use different commission models.

Commission models may include:

  • a percentage of the amount you borrow; and
  • rate-for-risk or other lender pricing models based on the risk profile or characteristics of the proposal.

The availability or amount of commission does not determine which lender we consider appropriate for your circumstances. Where applicable, we will tell you that commission will be received.

For an MCD regulated mortgage (a mortgage within the Mortgage Credit Directive rules), where the exact amount of commission is not known at the time of the initial disclosure, we will tell you that the actual amount will be disclosed later in the ESIS. Where applicable and on request, we will also provide information about how commission levels vary between lenders offering the mortgage being considered.

Evolution Money Product Fee and Willows Commission

Where we introduce you to Evolution Money, the commercial arrangement is different from a broker fee charged directly by Willows Finance.

Under the current Evolution arrangement, Evolution Lending charges a Product Fee equal to 10% of the net loan advance, subject to a maximum of £5,000. If the mortgage completes, Evolution pays the corresponding amount to Willows Finance as commission/remuneration for the sourcing, distribution and introduction service.

The amount of the product fee and the amount of remuneration payable to Willows Finance will be disclosed to you in the relevant mortgage documentation before completion.

Example: on a £10,000 net advance, a 10% Product Fee would be £1,000. The actual Product Fee and the amount of commission payable to Willows Finance will be set out in the relevant Evolution mortgage documentation before completion.

If you choose to add a Product Fee or other fee to your mortgage, interest will be charged on that amount while it remains outstanding, increasing the total amount you repay.

Refunds and Payment of Fees

Where a Willows Finance fee is payable only on completion, it will not become payable if the mortgage does not complete. Any fee payable before completion, third-party costs and the circumstances in which a fee is refundable or non-refundable will be explained where applicable.

Fees which have become payable following completion are generally non-refundable unless the relevant contractual terms, applicable law or regulatory redress require otherwise.

The Mortgage Illustration and Offer

Before you become bound by a regulated mortgage, you will receive the relevant mortgage illustration or European Standardised Information Sheet (ESIS) and the lender’s offer documentation as applicable.

These documents contain important information about the proposed mortgage, which may include:

  • the amount being borrowed and total amount financed;
  • the interest rate and whether it is fixed, variable or otherwise;
  • the repayment amount and mortgage term;
  • fees, charges and commission if required to be disclosed;
  • the total amount repayable;
  • early repayment provisions and any early repayment charge;
  • the identity of the lender and relevant intermediary; and
  • important risks, conditions and other obligations.

Please read these documents carefully. If anything is unclear or does not reflect your understanding, contact the firm responsible for the advice or recommendation before proceeding.

Reflection, Cancellation and Early Repayment

You may tell us that you no longer wish to proceed with an application before completion. Whether any third-party cost is payable or refundable will depend on its own terms.

For an MCD regulated mortgage (a mortgage within the Mortgage Credit Directive rules), the lender will provide a binding offer with a reflection period of at least seven days. You may normally accept the offer during that reflection period if you decide to proceed.

Once a mortgage has completed, there is generally no right simply to cancel or withdraw from the mortgage. You may have a right to repay the mortgage early in accordance with its terms, and an early repayment charge may apply.

Always check the early repayment section of the ESIS and mortgage offer before completion if early repayment or regular overpayments are important to you.

Arrears and Missing Payments

If you miss or make late payments, the lender may apply charges, and your credit record may be affected. Continued failure to maintain payments may result in enforcement action and ultimately repossession of the property used as security.

If you are experiencing financial difficulty, contact your lender as soon as possible and consider obtaining free independent debt advice.

Important Risk Warnings

Consolidating existing debts into a mortgage can reduce monthly payments but may increase the total amount of interest you pay if the borrowing is repaid over a longer period.

Debts which are currently unsecured may become secured against your home. Extending the repayment period may mean that you pay considerably more overall even where the monthly payment is lower.

Interest rates on variable-rate mortgages can increase, which may increase monthly repayments and the total amount repaid.

YOUR HOME MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON A MORTGAGE OR OTHER LOAN SECURED ON IT.

Complaints

If you are dissatisfied with any aspect of the service provided by Willows Finance, please contact us:

 

Willows Finance Limited
Brocastle, Bridgend, CF35 5AS

Telephone: 01656 766158

Email: [email protected]

 

We will investigate your complaint in accordance with our complaints procedure. If you remain dissatisfied with our final response, or in other circumstances where you are eligible to do so, you may be able to refer your complaint to the Financial Ombudsman Service.

Financial Ombudsman Service: www.financial-ombudsman.org.uk

Where another regulated intermediary has provided the mortgage advice or recommendation, complaints about that firm’s advice should normally also be raised with that firm. You can still complain to Willows Finance about the service provided by Willows Finance.

The Financial Ombudsman Service can generally consider complaints about regulated or otherwise covered activities, including certain activities that are ancillary to them. It may not be able to consider a complaint that relates solely to an unregulated product or service and has no connection with a regulated or otherwise covered activity. Whether a complaint falls within its jurisdiction will be determined by the Financial Ombudsman Service based on the individual circumstances.

Financial Services Compensation Scheme (FSCS)

Willows Finance Limited is covered by the Financial Services Compensation Scheme for eligible regulated activities. If an authorised firm is unable to meet an eligible claim, compensation may be available from the FSCS.

For protected home finance mediation, the current compensation limit is 100% of an eligible claim up to £85,000 per eligible claimant, per firm. Eligibility depends on the circumstances of the claim and the applicable FSCS rules.

FSCS protection does not generally apply to a claim arising solely from an unregulated product or service, including any packaging service that falls outside regulated home-finance mediation. Whether a claim is eligible will depend on its individual circumstances and the applicable FSCS rules.

Further information: www.fscs.org.uk

Next Steps

Once we have received sufficient information about your circumstances and requirements, we will carry out the relevant initial assessment and sourcing process and explain which application route applies to you.

Where Willows Finance provides the mortgage advice, we will continue through our advised mortgage process and explain any recommendations made.

Where your application is referred to another regulated intermediary, such as Evolution Money, we will explain that the receiving intermediary will take over the subsequent application and advisory process where applicable.

Please review all mortgage illustrations, ESIS documents, fee and commission disclosures, offer documents and other terms carefully before deciding whether to proceed. If anything is unclear, ask before committing to the mortgage.

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