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Status: You are viewing the version of the handbook as on 2009-03-31.

PERG 4.7 Entering into a regulated mortgage contract

Definition of 'entering into a regulated mortgage contract'

Exclusions

PERG 4.7.2GRP

The Regulated Activities Order contains an exclusion which has the effect of preventing certain activities of trustees, nominees and personal representatives from amounting to entering into a regulated mortgage contract. This is referred to in PERG 4.10 (Exclusions applying to more than one regulated activity). There is also an exclusion where both the lender and borrower are overseas, which is referred to in PERG 4.11 (Link between activities and the United Kingdom)..

Transfer of lending obligations

PERG 4.7.3GRP

A person who provides credit to a borrower under a regulated mortgage contract will enter into a regulated mortgage contract, even if the lending obligations under that contract are subsequently transferred to a third party. Consequently, a person who acts as a so-called 'correspondent lender' in the mortgage market will need to seek authorisation.