Mortgage loans and bridging finance
Quinn and O’Keeffe pressed for local authorities to release SDA and low-rise mortgage funds in phases or on solicitor undertakings, avoiding costly bridging loans when title is delayed; the Minister said instalments are permitted for building, but previously occupied house loans require title clearance and payment on completion. He agreed to issue a circular about instalments, said local authorities must be satisfied about title under the legislation, and undertook to examine whether a suitable administrative arrangement could be made.
asked the Minister for the Environment if, in view of the extended difficulties in the availability of bridging finance, he will authorise local authorities to advance SDA loans and low rise mortgage scheme loans directly to mortgages to enable payment in phased amounts of the necessary sums required to close sale where the purchase is being completed with either an SDA or LRM loan.
Comment on this
Housing authorities are empowered, and it is their practice, to pay SDA or low-rise mortgage loans in instalments as the building of a house progresses providing, of course, that the loan applicant has clear title. In cases of loans in respect of previously-occupied houses, such loans are paid in one instalment on clearance of title.
Comment on this
I am grateful for the Minister's reply. Is he aware that not every local authority is complying with the practice he referred to? May I ask him, on behalf of such applicants who are in those local authorities, to issue a housing circular to all local authorities clarifying the position? With regard to the purchase of second-hand houses, where local authority loan applicants must by definition go on bridging finance to clear the title, would he look at this situation to get over the problem of bridging finance?
Comment on this
With regard to second-hand houses, on completion of sale the money must be paid. That is a legal matter. With regard to some local authorities not complying with that facility, I will issue a circular to all local authorities but I am not aware of any particular local authority at this time not complying with that facility.
Comment on this
In relation to second-hand house purchases, and this is an administrative problem, would the Minister have his Department and the local authorities look at the question and try to eliminate the necessity for bridging finance?
Comment on this
The bridging finance may not be necessary if, for instance, on the day of closure the local authority make the money available to the applicant thus ensuring that he need not go to the banks. This can be done by the two solicitors involved.
Comment on this
The two solicitors, in co-operation with the local authorities, may do it. Local authorities will furnish deeds of places they are selling on an undertaking from a solicitor that he will take responsibility.
Comment on this
Did the Minister ever consider the possibility of cutting out bridging finance altogether in a situation where there was an undertaking from a solicitor, backed and indemnified possibly by the law society? This would cut out the whole problem of bridging finance as far as local authority purchasers are concerned.
Comment on this
There would be no need for bridging finance if local authorities made cash available on completion of sale.
Comment on this
Is the Minister aware that much of the problem in getting the title from the local authority solicitor arises because there is a hold-up in the Revenue Commissioners, Valuation Office, Land Registry or Land Commission, or some other place? Would he not consider that there is a case to be looked into in regard to having the local authority advance the money to the purchaser on an undertaking from the solicitor to furnish the title when it is cleared by the various Government offices? Would this not solve a lot of problems and save the buyer the bridging interest?
Comment on this
It would, but the local authority must be satisfied that a clear title will be made available. If the solicitor could convince the local authority of that, it would be a matter to be decided between them. The local authority's legal adviser must be satisfied that title is available or will be furnished.
Comment on this
The Minister is inclined to nibble at my suggestion. If the solicitor in that situation were prepared to give a certificate of title to the local authority——
Comment on this
No, it is a suggestion. This is very complex and very important. If the solicitor were able to give a certificate of title, possibly to the effect that the title would be cleared once it had been registered in the Land Registry, and if at the same time he was prepared to give an undertaking to the local authority, would the Minister not see that that could be an arrangement whereby at that stage a local authority could release the funds and so avoid the necessity of bridging finance?
Comment on this
I would have to look at this in greater detail to see what implications are involved for the local authorities because we are tied by legislation.
Comment on this
I have drawn the Minister's attention to this problem. There is, I believe, a genuine administrative solution to the problem of eliminating the need for bridging finance in this sector of the housing market. In view of the absence of such bridging finance for some people, would the Minister look at this administratively? He has enough experience to know what the pitfalls might be.
Comment on this
(Cavan-Monaghan): Why can the local authority not advance this bridging finance on the same security the banks expect?
Comment on this
With regard to new houses, provided proof of title to the site is available, the money will be made available. In the other case, they will make part payments. The other question is that of furnishing title of not only the site but the house. This is a legal transaction——
Comment on this
(Cavan-Monaghan): The Minister must understand that the bank are expected to advance a bridging loan on certain securities before the title is completed. Why can the local authority not advance the money on the same securities?
Comment on this
The bank can act on their own initiative but a local authority are bound by legislation involving SDA loans and regulations.