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Marsden Building Society's Family Step Savings Security Account

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Marsden Building Society's Family Step Savings Security Account Family Step Marsden Building Society’s Family Step Savings Security Account Conditions The following terms and conditions apply If you have agreed to be a Family Supporter and give security over your savings to support your family member’s own mortgage (Family Step Mortgage) and are in addition to the Society’s General Savings Account Terms and Conditions which are available at www.marsden.co.uk. In the event of any inconsistency between these terms and conditions and the General Savings Account Terms and Conditions, these terms and conditions will apply in relation to any Family Step Savings Accounts you open with us. Where we refer to “you” and “your” this can include a personal representative, a successor or anyone else who takes over your legal right or duties. 1 What is a Family Step Savings Security? 1.1 The Family Step Savings Account is linked to a Family Step Mortgage that is or will be held by a third party family member (Borrower). This means that the money that you place into your Family Step Savings Account will form part of our security taken for the Borrower’s Family Step Mortgage loan. The purpose is so that we can lend more to the Borrower than we would normally be able to on security of the Borrower’s property (Property) alone. 1.2 If the Borrower does not make payments when due under the Family Step Mortgage and we enforce the mortgage and sell the Property we can use the rights you have given us you’re your savings security. If the sale price of the Property is less than the amount that the Borrower owes us on their Family Step Mortgage at that time (shortfall), the shortfall will become immediately payable by you. 1.3 At account opening, you are required to sign a legal charge in the form provided to you by us (Charge) allowing us to use the money in your Family Step Savings Account in this way. 1.4 If there is more than one Family Step Savings Account linked to a Family Step Mortgage then the Charge will be enforced against the shortfall described in term 1.2 above proportionately based on the amount of the initial Security and what portion of the overall security taken for the Borrower’s Family Step Mortgage loan they represent. 1.5 The maximum Security in your Family Step Savings Account is 20% of the value of the Property as determined by an independent valuation of the Property provided prior to granting the Family Step Mortgage. 1.6 The Family Step Savings Charge provides us with security for the following amounts that become payable by you, up to the limit: (a) The amount of any shortfall on sale of the Property that the Borrower owes. (b) Any charges and costs (and interest on them) relating to the dale of the Property added to the Borrowers Family Step Mortgage account. (c) Interest on the amount of the Shortfall that will continue to be applied under the Borrowers Family Step Mortgage from when the Shortfall becomes payable until the full amount of the Shortfall (including any interest) has been paid. 2 Eligibility To be eligible to provide Savings Security for a Family Step Mortgage; 2.1 You must be aged 21 years or over and a UK resident. 2.2 You must be a family member of the Borrower(s) under the linked Family Step Mortgage. 2.3 A Family Step Savings Account can only be opened where it is linked to a Family Step Mortgage. 2.4 A maximum of four Family Step Savings Accounts can be linked to each Family Step Mortgage. 3 The Security Term 3.1 It is important that you understand that the length of time that the money held in your Family Step Savings Account will be charged as security (Security Term) is the earliest of the following; (a) the Family Step Mortgage and all other amounts owing under the Family Step Mortgage offer are repaid to us, in which case the Security Term will end on the date of which all of those amounts are repaid to us; or (b) the Property has increased in value to the extent that the value of the Family Step Mortgage outstanding at that time represented as a percentage value of the Property at that time (the Loan to Value) is less than 80%, in which case the Security Term will end on the date on which we confirm our acceptance of the results of an independent valuation confirming such increase in value; or (c) ten years from the date of completion of the Family Step Mortgage where the original Loan to Value was less than or equal to 95%, 3.2 Either you or the Borrower can at any time contact us to apply to have the Property valued, at your own expense, for the purpose of term 3.2(b). Fees may change and will be detailed in the Tariff of Charges. We will instruct an independent valuer to carry out the inspection to assess the value of the Property. 3.3 In the event of 3.1 (a-c), the charge over the Family Step Savings account will be released, however, savings cannot be withdrawn until expiry of the fixed rate term. 4 Opening a Family Step Savings Account 4.1 The Family Step Savings Account must be opened before we issue the written Family Step Mortgage offer to the Borrower. In the event that we are unable to provide a written Family Step Mortgage offer or the mortgage doesn’t proceed to completion, the Family Step Savings Account will be closed and any balance returned to you by cheque. This would happen, for example, where the Borrower or the Property does not meet our lending criteria or the Borrower does not proceed with the Family Step Mortgage. Continued... Trusted by you since 1860 1/4 Family Step 4.2 You are required to Security (in cleared funds), no later than [five] Business Days before the date of completion of the Family Step Mortgage loan, an amount equal to the amount by which the amount to be borrowed by the Borrower [as determined by an independent valuation of the Property provided prior to the granting of the Family Step Mortgage] exceeds 80% of the value of the Property. Otherwise completion may be delayed. Specific information on the required Security will be detailed in the Borrower’s Family Step Mortgage offer (provided to you). 5 Operating your Family Step Savings Account 5.1 This Family Step Savings Account is a Savings Direct account which cannot be opened or operated in Branch. 5.2 You can make payment to your Family Step Savings Account by cheque, electronic transfer via the banking system or by CHAPS (Clearing House Automated Payment System). For electronic transfers and CHAPS payments you should quote sort code 60-94-95 and the last eight digits of your Family Step Savings Account number. 5.3 You may not transfer the ownership of your Family Step Savings Account to anyone else or use your Family Step Savings Account as security for any other borrowing. 5.4 You are not allowed to make any additional Securitys at any time during the Security Term. 5.5 No withdrawals are permitted. 6 Interest 6.1 You must supply us with details of the bank or building society account you would like us to pay interest into (Nominated Bank Account) for the purpose of paying any interest earned on your savings in the Family Step Savings Account. 6.2 The rate of interest on our Family Step Accounts (or rates of interest if more than one rate applies) is a fixed rate and will be as notified to you at the time of your application. 6.3 Interest is earned daily and will be paid annually each year. Interest will be paid direct to your nominated Bank Account on the first Business Day after the end of the month. 7 What happens if you die or become bankrupt 7.1 If you die and the Family Step Savings Account is held in joint names, it will continue to be held in the name(s) of the surviving owner. If it is held in a sole name the Savings Security will remain in place and your estate will only be able to release the security in the circumstances described in term 3.1. Interest will continue to be paid into your Nominated Bank Account. We will not do this unless we have received the necessary legal documents to confirm the death and to confirm the authority of your representatives. 7.2 If you become bankrupt then, unless we have enforced the Charge, we will only repay the amount of the balance at the end of the Security Term to the person administering your estate. We will not do this unless we receive the necessary legal documents to confirm the bankruptcy and to confirm the authority of the person administering your estate. 8 Account Closure 8.1 You may not close your Family Step Savings Account before the end of the Security Term. This means that Condition B13.1 of the General Savings Account Terms & Conditions ‘Closing Your Account’ does not apply to your Family Step Savings Account. 8.2 We can close your Family Step Savings Account by giving you at least two months’ notice in writing. We may do this immediately if we reasonably believe you have seriously or persistently broken any of these terms and conditions or we have reasonable grounds for thinking that you have done any of the following things: (a) put us in a position where we might break a law, regulation, code or other duty that applies to us if we maintain your account; (b) give us any false information at any time; (c) commit (or attempt) fraud against us or someone else; (d) use (or allow someone else to use) your account illegally or for criminal activity (including receiving proceeds of crime into your account; (e) inappropriately let someone else use your account; (f) behave in a threatening or abusive manner to our staff.
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