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Bank and loans guarantees

04.19.2017

Banks offer various types of loan. The amount depends on the borrower’s resources (Neiertz Law).

  • Bank loans

    • These reimbursements may include:
      - fixed interest, definitively calculated for the entire duration of the loan;
      - variable interest, indexed or dependent on interbank variations, capped or not.

    • On the contrary, no interest applies to certain “interest-free” loans. Allowed with requirements, they are only available to low earners and there is a limit to the sum borrowed.

    • The majority of loans granted by banks are depreciable. Here, the repayment is spread out over time: you repay both the capital and the interest throughout its duration.

    • In contrast, the "in fine" loan assumes that you only pay interest over the term of the loan. Thus, the capital remains intact until the end and you repay it in one time at maturity.
      This system has a significant tax interest for heavily taxed persons. To settle the capital, it is possible to create savings associated with an investment product backed by life insurance.

  • Bank guarantees

    • The bank that lends you money can ask you for several types of guarantees:

    • - This may be a joint and several guarantee , either from a specialist company (legal entity) or from a friend or relation who guarantees the reimbursement of the said loan. The bank requires that the person be solvent, that is, able to pay the debts of the borrower on his own finances or on his property.

    • - However, the bank may also want to have property as collateral. It may be a lender's privilege, a mortgage or both.

    • Guarantees are taken out for the length of the loan plus one year. They then end automatically.

    • If the loan is reimbursed before it reaches maturity (if the property is sold, for example), the entry on the mortgage registry is cancelled. The notaire draws up an instrument releasing the mortgage.

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