Mortgage loan

(1) All amendments to the loan, which have not been indicated under separate clauses in the price list (incl. amendment of collateral in a notarised or other form).

Borrower’s reminder to the applicant of a private loan secured by real estate

Taking out a loan is an important decision that involves risks. We would like to help you in making an informed decision.

We advise you to do your homework before applying for a loan: 

• think about the reason why and how much you need to borrow, as well as how you intend to repay the loan;
• submit true and sufficient information;
• make clear for yourself how much taking the loan will cost you;
• consider the possibility that your financial situation may become worse, and that you must still be able to repay the loan even if this happens;
• read all loan documents (agreement, information sheet, etc.) carefully before you sign them.

If you have any questions about the terms and conditions of the loan before you sign the agreement or during its term, please contact us using the general contacts of SEB Bank.

When examining the loan conditions and agreement, please also pay attention to the following:

1. Standard European Consumer Credit Information

Before you sign a loan agreement, we will give you a personal European Standardised Information Sheet, which is a summary of the most important terms and conditions of the agreement. Please read the Information Sheet carefully.

2. Liability of every borrower

If there are several borrowers in the loan agreement, then every borrower is jointly and severally (solidary) liable for the repayment of the entire loan and must cover the performance of other obligations taken under the agreement in full.

3. Loan currency

We issue the loan in euros and the currency cannot be changed. 4. The term and conditions of paying out the loan The loan will be paid out to your account in SEB bank after all the preconditions for paying out the loan specified in the loan agreement have been met (for example, an additional contract, certificate, invoice, etc. has been prepared, guarantees have been set up, and you have not used the consumer’s 7-day right of withdrawal). Depending on the financing project, we will pay out the loan in a single part or in several parts.

5. Size of your own contribution

When you take out a loan to buy real estate, you must have the money for your own contribution. In general, we do not pay out the loan until you have paid the amount of your contribution to the seller or deposited it in a notary’s account.

The own contribution can be replaced by additional collateral that is suitable for the bank.

6. Claims and additional obligations related to collateral

When buying real estate, make sure that you have all the required documents for the object you are buying, such as a use and occupancy permit, or the agreements to get such documents are stipulated in the purchase contract. A use and occupancy permit shows that the building corresponds to the building permit and it is possible to use the completed building in accordance with the requirements and purpose of its use. If a building permit is required, then the use of a building without a use and occupancy permit is punishable by a fine according to the Building Code. The owner of the building is responsible for the existence of a use and occupancy permit.

The collateral and the extent to which it is provided (amount of pledge, limit of the liability of the surety provider) are specified in the loan agreement. The sum of the mortgage set on the collateral is 1.3 times the loan amount.

If we require an expert assessment that certifies the value of the real estate provided as collateral, please ask for it to be prepared by a real estate agency that we have approved.

The real estate provided as collateral must be insured under the conditions set in the loan agreement. For us to be able to make sure that the collateral is insured, please provide us with an insurance document (policy, certificate or copy of the contract).

If you do not submit the insurance document by the deadline given to you or do not insure the real estate provided as collateral under the terms and conditions of the loan agreement, we will submit to you a claim for a contractual penalty.

If you wish to transfer the real estate that is the collateral (for example, sell, gift, or exchange it) or further encumber it (for example, give it on rent), then you, the borrower, or the owner of the real estate, must inform us of this wish. In the case of a loan agreement secured by a KredEx surety, the consent of KredEx must be obtained for the sale, gifting or granting the use of the collateral (except when the recipient is a spouse who is the joint owner). If you give it on rent, we may request to see the terms of the lease contract to be concluded. If the transfer or encumbrance takes place without the consent of KredEx, KredEx may extraordinarily cancel the suretyship contract and you will have to find new additional collateral.

7. Purposes of using the loan

We provide the loan for a specific purpose. If you do not use the loan for its intended purpose, we may:

• require that you pay a contractual penalty, or
• extraordinarily cancel the loan agreement, demanding the repayment of the entire loan.

8. Interest and changes in interest

Interest is the fee that you pay for using the loan. The interest rate is specified in the loan agreement. The interest rate may be variable (floating) or fixed for a specific period. A variable interest rate consists of: 

• the variable base interest rate, or Euribor, and
• the individually established interest margin.

The period after which the Euribor may change depends on the Euribor period that you choose when you sign the loan agreement. For example, the six-month Euribor rate is fixed every six months. The interest rate established in this way may increase or decrease every six months, and this will also increase or decrease the amount of your loan payment. Therefore, an increase in the Euribor rate means higher costs when repaying the loan.

There is no condition in the loan agreement that would stop the increase in the interest rate at any level if the rate of the Euribor goes up. If the Euribor rate is negative, then the interest is equal to the interest margin.

Consider carefully, whether you would be able to make the loan payments during a period of increased Euribor, for example, if the Euribor rate is 5% or higher. You can get help in this from the home loan calculator, which helps you to simulate different interest rate changes.

For you to be able to mitigate the risk of an increase in the Euribor rate, we offer you the opportunity to fix the interest rate for an agreed period. In this case, the interest rate is fixed and consists of:

• the individually established interest margin and
• the fixed base interest rate, which we calculate based on the interest rate quoted for loans granted in euros in the international financial markets.

If, during a period when your interest rate is fixed, you wish to:

• repay the loan in part or in full outside the payment schedule,
• make the fixed interest rate variable, or
• shorten the loan term,

and the market interest rate at the moment when these changes are made is lower than the fixed base interest rate agreed in the loan agreement, then we have the right to charge you an interest difference fee. When calculating the fee, we rely on the interest difference fee rate, i.e., the difference between the fixed base interest rate and the market interest rate as a percentage per year.

The market interest rate is the fixed interest rate for loans given in euros in the international money market for the period until the end of the term of the fixed base interest rate. You can ask us for the amount of the market interest rate at any time.

If the Euribor is not available, publishing it has been stopped or will finish, using it is not allowed, the methodology for calculating it has changed significantly, or it cannot be applied due to other circumstances beyond the control of the bank, then we will replace the Euribor with a new base interest rate chosen by us and, if necessary, also change the conditions for calculating interest. We will inform you of the start date of the new base interest rate (replacement date). You can cancel the agreement in 60 days after receiving the notice or, if the base interest rate is fixed, the end of its term, without paying the early repayment fee, by notifying the bank in advance and performing all contractual obligations. If you do not perform all your contractual obligations in these 60 days, the new base interest rate will apply from the replacement date. If a base interest rate cannot be used, the last available fixed interest rate will be applied until the replacement date or until the day when the interest rate is changed, which follows the day when the base interest rate becomes available again. If the last available fixed base interest rate or the new base interest rate is negative, then the interest will be equal to the interest margin.

9. Repayment of the loan

We debit the payments that must be made according to the loan agreement from your current account in SEB bank. If you have taken out a loan together with a co-borrower, we have the right to debit the loan payments from their current account as well.

In order to repay the loan and pay the interest, we will agree on a payment schedule, which will be available in the Internet Bank for the entire loan period.

If you have an annuity schedule, you will pay the same amount (annuity payment) on each payment date, which consists of the repayment of the principal amount of the loan, and interest.

In the case of an annuity schedule, the share of interest payments in the early years of the loan period is higher, and the loan payment makes up a smaller part of the annuity payment. At the end of the loan period, these shares are reversed. If the interest rate changes, or the payment date or the loan term is changed, or if you make non-scheduled repayments, the amount of the annuity payment will also change.

In the case of a schedule with equal loan principal payments, you will pay the same principal payment of the loan on each payment date, plus interest. This is why the amount paid to the bank on each payment date will be different.

During a grace period agreed with us, you will only pay the interest payments. During this period, the loan balance decreases more slowly (compared to period without a grace period) and for this reason, the total cost of interest paid on the loan increases.

If you so request, we will send you a sample repayment schedule at the conclusion of the contract, which includes principal and interest payments.

10. Early repayment

You have the right to repay the loan early in part or in full by notifying us about this 10 days in advance. In the case of early repayment of the loan, we may demand that you pay a contractual fee, the amount of which depends on the type of interest rate.

• If you repay the loan during the period when a variable interest rate is valid, the maximum contractual fee is equal to the three-month interest calculated on the part of the loan that will be repaid, on the basis of the interest rate valid on the date of early repayment. You will not have to pay a contractual fee if you inform us about the repayment three months in advance and make the repayment in 10 days after three months have passed from us receiving your notice. The three-month period starts from the day we receive your notice.
• If you repay the loan during the period when a fixed base interest rate is valid, and if the market interest rate valid on the date of repayment of the entire loan or a part thereof is lower than the fixed base interest rate, the repayment fee will be equal to the interest difference fee. When calculating the interest difference fee, we are guided by the market interest rate valid on the day of repayment.

11. Amendment of the terms and conditions of the loan agreement

Amendments to the terms and conditions of the agreement are made by agreement of both parties, and such amendments are generally established with an annex to the agreement. An amendment initiated by you is generally subject to a fee.

12. Breach of the agreement - consequences and costs

If you do not make the contractual payment by the due date, we may charge a penalty for late payment at the rate stipulated in the agreement.

If you fall in debt, we will send you a reminder. If the debt is not paid, we will send you a debt notice for which you have to pay a fee, and we will inform the persons providing a guarantee to the agreement as well.

If the payments remain unpaid for a period of more than 45 days, we will forward the debt information to the payment default register (Creditinfo Eesti AS).

If you violate a non-monetary obligation, we have the right to charge a contractual penalty at the rate stipulated in the agreement.

13. Cancellation of the agreement and its consequences

The grounds for cancellation of the agreement are stipulated in the terms and conditions of the agreement. For example, we have the right to cancel the agreement extraordinarily if you are wholly or partly in delay for at least three consecutive repayments.

If you do not pay the loan balance, interest and other payments due, we will start the debt collection process, which may also include enforcement or court proceedings and the forced sale of the collateral. All costs related to debt collection must be paid by you.

14. One-off costs related to the conclusion of the loan agreement

When you sign the agreement, you pay an agreement fee in the amount and on the terms and conditions stipulated in the agreement. Please take a look also the bank’s price list, as well as the general terms and conditions of the bank.

If you guarantee the performance of the agreement with a pledge, the following may be added as a one-off fee:

• state fee;
• notary fee;
• collateral valuation fee;
• insurance premium;
• in the case of a surety from KredEx, the guarantee agreement fee.

15. Fixed costs for the loan period

The following fixed costs related to the performance of the loan agreement are added to the loan and interest payments:

• monthly fee for the current account;
• the cost of insuring the collateral;
• the cost of ordering an expert valuation of the collateral, should an expert valuation be necessary;
• the cost of loan protection cover, if you have chosen this cover;
• currency conversion cost: if there is not enough money in the loan currency in the account used for making the loan repayments on the due date, we may take the payment in another currency available in the account by converting it into the loan currency at the exchange rate valid at the SEB bank at the time when the transfer is made.

16. Obligation to open an account and have your income paid into this account

You (and your co-borrower) have to open a current account in SEB bank for the entire loan period by the day you sign the loan agreement. We have the right to demand that all of your (and the co-borrower’s) income is transferred into your current account in SEB bank, and that you (and the co-borrower) make your payments through SEB, unless otherwise agreed in the loan agreement.

17. Risk of decrease in payment ability

Please think about how you will cope with the repayment of the loan if:

• the overall economic environment becomes worse;
• your salary or other income decreases;
• your other expenses increase.

To make a considered decision, analyse the actual financial situation of your family and consider taking out a suitable insurance contract (such as SEB Loan Protection cover). If you start struggling with payments, please contact us immediately. For example, make sure to contact us immediately if:

• your employment is unexpectedly terminated;
• enforcement proceedings, debt restructuring or bankruptcy proceedings are started against you;
• your bank account is seized.

Together, we will find the most suitable solution to the situation. This could be, for example, a change in the payment date or a grace period. At the same time, you can ask us to postpone the final loan repayment date by the grace period.

18. Complaints and disputes

If you have any complaints about our activities, try to solve the disagreements by negotiating with us first.

You can read about the general procedure for solving complaints on our website at www.seb.ee/en/how-complain.

If our response does not meet your expectations and you still find that we have violated your rights, you can ask for advice and explanations from the Consumer Protection and Technical Regulatory Authority (at Endla 10a, 10122 Tallinn; www.ttja.ee) or the Financial Supervision Authority (at Sakala 4, 15030 Tallinn; www.fi.ee).

Furthermore, in order to solve a dispute, you may contact the Consumer Disputes Committee operating in the Consumer Protection and Technical Regulatory Authority or go to court.

You can find the self-service for Consumer Disputes Committee at ttja.ee/en/consumer-disputes-committee. You find out the rules of procedure of the committee at ttja.ee/en/about-consumer-disputes-committee.

A complaint to the Consumer Dispute Committee can be submitted also digitally via Online Dispute Resolution website at ec.europa.eu/consumers/odr/main.