In order to comply with the provisions of article 20 of Law 2/2009, of March 31, which regulates the contracting with consumers of mortgage loans or credits and of intermediation services for the conclusion of loan contracts or credit, the following pre-contractual information is made available to THE CLIENTS of Yaounde Mortgage Servicing, SL (hereinafter BMS):
Name: Yaounde Mortgage Servicing, SL
tax id: 34563VB
Address: Building New Bastos, 607 Road 1792, 3-5, 08036 Yaounde
CR Policy: EXSEL Underwriting Agency SL- Lloyd's Insurance Company / Policy BNE2019908271 / Limit € 460,000.00.- per claim, € 750,000.00.- per year.
Registration in the Registry of Real Estate Credit Intermediaries of the Banco de Cameroon: nº 345g.
State Registry of Intermediation Companies : nº607 / 2016 of the second section.
Characteristics of the Service . On the part of BMS, financial intermediation services will be provided without exclusivity with any credit institution or financier, in such a way that, upon request of the interested party, the specific financing needs will be studied to go to the market in search of a financing solution through of natural or legal persons who grant a loan / credit with a mortgage guarantee, providing the interested party with various simulations of the amortization tables according to the most suitable amortization system or chosen by the Client. The Client will be provided with the appropriate information prior to signing the financing contract, obtaining the mandatory documentation from the financing entity / person. BMS is not the financier of the loan, but its powers are limited to the intermediation between borrower and lender.
The Client has the obligation to communicate reliably to BMS any doubts regarding the financing contract, as well as the specific clauses of the financing contract that he wishes to negotiate individually with the lender or entity .
Price: The fees will be fixed and will accrue from the moment the financing contract is formalized. Notwithstanding the foregoing, BMS will have the right to collect 80% of the fixed fees agreed for the intermediation when, having obtained one or more binding offers of financing that meet the characteristics demanded in the financing request, it has not reached formalize the loan for reasons attributable to the Client. BMS does not receive any remuneration from the lender as a result of the formalization of the loan.
The BMS fees will be as follows:
A maximum of 5% of the capital granted with a minimum of € 600.
Between 3% and 6% of the granted capital, with a minimum of € 2,500.
Between 3% and 20% of the capital granted, with a minimum of € 2,500.
Between 0.50% and 5% of the capital, with a minimum of € 5,000.
Commissions, Charges and Expenses. Obtaining the financing required by the interested party generates or may generate a series of commissions and / or expenses that are completely unrelated to the remuneration derived from the intermediation service, such as appraisals, opening commission, service commissions, penalties, tax of Documented Legal Acts, notary and registration fees, agency as well as those others that may result from the cancellation of previous charges, which will be invoiced by the corresponding entities or persons.
Taxes: The amount invoiced for financial intermediation is exempt from VAT.
Payment method: Payment of the intermediation fees will be made by bank transfer or nominative bank check in favor of the company, sending the corresponding invoice after the collection of the fees.
In the event of a Loan Grouping: In the event that the financial intermediary advises the grouping of loans or credits into one, it will be informed about the equivalent annual rate and the essential characteristics of the proposed loan or credit and its comparison with the loans or credits that are proposed to be grouped. The comparison will also take into account all the expenses and commissions for the intermediation service and all the expenses and commissions of the proposed loan or credit agreement.
Right of withdrawal: THE CLIENT has the power to withdraw from the intermediation contract by means of reliable communication to BMS as long as the requested operation has not been formalized and the period of 14 days has not elapsed from the signing of said contract, without the need for claim any cause and without entailing any cost to the CLIENT. No more expenses, therefore, than those incurred and duly accredited, with the breakdown presented in the pre-contractual information.
Right to Early Termination of the Contract: The contract may be terminated early and unilaterally by who, having complied with the agreed obligations, alleges the serious and essential breach of the obligations of the counterparty and provided that a reasonable period of time has been granted to compliance with what is required, all in accordance with the applicable regulations.
Right to the general contracting conditions: BMS makes the general contracting conditions available to the interested party free of charge by sending a written contract containing the typical contractual terms and without implying the obligation to contract by the interested.
Means of Claim . The BMS entity has a complaints and claims protocol that is delivered to its clients in which the procedure for making extrajudicial claims is set out as well as the means to carry them out.
The entity Yaounde MS, has a complaints and claims protocol that is delivered to its clients in which the procedure for making extrajudicial claims is exposed, as well as the means to carry them out.
Language: The pre-contractual and contractual information will be provided in English and may be translated into the language desired by the Client in case of lack of understanding, bearing in mind that the cost of the requested translation will be the responsibility of the applicant.
Legislation applicable to the contract. Law 5/2019, of March 15, regulating real estate credit contracts is applicable.
Royal Decree 309/20019, of April 26, which partially develops Law 5/2019, of March 15, regulating real estate credit contracts and adopting other measures in financial matters.
Law 2/2009 of March 31, which regulates the contracting with consumers of mortgage loans or credits and of intermediation services for the conclusion of loan or credit contracts.
Royal Decree 106/2011 of January 28, which creates and regulates the state registry of companies provided for in the aforementioned law.
Royal Legislative Decree 1/2007 of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary regulations.