Repayment of a loan

Credits save you money through early repayment. The loan is repaid in monthly installments, the amount of which depends on the loan amount, the term and the individual interest rate. This list can be used to determine the maximum amount available to you for the repayment of a loan on a monthly basis. If the loan is to be repaid before the contract expires, the maximum amount to be paid must be set to protect your family with a residual credit insurance:

Limits of loan financing 

Limits of loan financing 

It’s about how a lender invests its capital and how the borrower receives money from others. For both, a balance must be struck between the desire for profit and the associated risk potential. In this context, the term “loan financing limits” is used to express the orientation of the work on this problem of equilibrium; because we were not only concerned with the description of the financing process itself, its procedures and forms, but with the description of the boundary between yield and risk.

However, such a border is an abstract border. Indeed, there are certain motivations and facts that need to be considered by lenders and borrowers. Above all, we wanted to demonstrate how the economically rational comes to life in practice without losing sight of reality; on the other hand, the desire to come to concepts and orders by means of ablation came to the fore.

For us, the problem of theoretical methodology is that reality must be withdrawn without being allowed to withdraw from it.

Pro rata discount on early repayment of a loan

Pro rata discount on early repayment of a loan

Dear Shareholders, On January 31, 2002, I took out a loan agreement via a municipal savings bank as part of the Intrasavings bank SME program. EUR 96,000 million of the loan amount was distributed. Under the terms of the agreement, on 30 December 2010, under timely notice, I repaid 100 percent of that amount prematurely. Section 2.2 of the loan agreement states: “A discount (deduction of the nominal amount of the loan) of 4,000% will be charged.

This includes a credit risk premium of 2,000% for the right to extraordinary repayment of the loan. The deduction can in principle be offset against the loan payment. In the event of early repayment of the loan, the risk premium will not be refunded, even in part. The same applies to the total amount if its repayment is not made in accordance with the regulations of the development agency.

“In the loan agreement entitled” Intrasavings bank General Conditions for Investment Loans – Private Borrowers “, p. 1, point 5, states:” The ultimate borrower has the right to withdraw the loan in whole or in part at any time, subject to a period of 20 bank working days to pay in full or in part to the principal bank for early repayment. If the loan is deducted from the nominal amount of the loan, this is required to cover the commercial bank’s lending costs in accordance with the loan agreement.

The expenses result from a corresponding deduction item in the distribution of the refinancing loan by Intrasavings bank, which was used to cover Intrasavings bank’s expenses for the settlement of the loan and the raising of funds as well as the repayment claim to the loan granted to the borrower and the central bank (risk premium). These deductions include no-claims fees and will not be refunded if the loan is repaid early.

“I have noted that the Dissagio after the decision of the Federal Supreme Court (BGH II ZR 158/97 v. 27.01.1998) at the agreed termination and repayment of a loan is repayable proportionately My question: I want the discount and the risk premium proportionally be reimbursed by the Rattsparkasse?

Make your request now and receive a legally binding response from a lawyer. I would like to respond to your question, taking into account your description of the facts and your commitment, as follows: The question of repaying a discount on a premature termination of a loan agreement distinguishes between state-subsidized and non-subsidized loans.

In principle, the following applies: a) According to the permanent case law of the BGH, a discount is generally to be regarded as an advance on a part of the interest (BGH, decision of 08.10.1996, ref .: XI ZR 283/95) – irrespective of whether a part is shown as a risk premium or processing fee. a) However, if advance payments are made, this is not due to the premature termination of the loan agreement and the prepaid interest expense can be reclaimed as unlawful enrichment (§ 812 BGB) (BGH in the aforementioned judgment).

This is due to the fact that this interest expense is calculated for the entire duration, but by the termination a part of the duration is no longer valid. The achievable part is based on the quotient of contract duration and actual shortened duration (eg 10000 discount for a period of 10 years and termination after 5 years = reclaim claim of 5000?).

c) The provision in the loan agreement, which excludes the use of the discount, is essentially ineffective according to the applicable legislation, as it discriminates against the borrower unreasonably (OLG Hamm, WM 97, 2168). In the case of state-subsidized loans, however, something else should come into play. In the opinion of the Federal Court of Justice, the discount is not shown in the interest and interest rates, but results from the guidelines for the granting of public subsidies.

Neither the house bank nor the borrower therefore had a significant influence on the design of the discount (BGH WM 1992, 1058). It can not therefore be argued here that the legal basis for the prepaid part of the interest payments has expired upon termination of the contract and thus a repayment claim under § 812 BGB exists.

The reason for this is that the payments are not interest payments but one time payments that are indefinite. However, a loan submitted through Intrasavings bank’s in-house commercial bank may at first glance be considered a state subsidized loan. However, it should be noted that the SNB must demonstrate and demonstrate that the loan is supported by the public sector.

These include the obligation to conclude that the loan was low-interest and had no scope for discounting (Düsseldorf Higher Regional Court, ZIP 2007, 1748). In this context, I recommend that the house bank explain the extent to which the discount is not part of the interest with reference to the current legislation.

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