QUOTE (investmart @ Dec 17 2008, 09:59 PM) Hi,
Just our of curiosity, what happens technically/what is the process when the bank does not renew the mortgage for the reason nepoez mentioned above and no other bank "wants" you? The bank suddenly owns the property?? I mean can they really do that legally? assume you never missed a payment and have a FICO score of 750
I guess that`s 2 questions: 1. can the bank decide in such a circumstance, legally, not to renew you? (not sure if there is a rule to protect the citizen against it) and 2. what is the process / what happens technically? (well, if anyone knows the answer as I`m guessing it didn`t really happen in Canada)
Thanks.
The bank lends money for a term, say 5 years. Once 5 years is up, they can demand their money back. (note, big period)
Usually they offer you a renewal sheet with terms that are above market in a flat or rising environment. So, you`d re-apply with same bank or different bank for better terms, possibly for a different amount. But, if the value may have dropped, they may chose to not even offer you a renewal.
So, if you don`t pay the money back, you are in mortgage default. This is a lengthy process, but after a few months the bank has the right to take over your property.
Keep in mind that in 5 years on a 25 year amortization you have paid down the mortgage by about 10%. Thus it is highly unlikely you will be upside down, but of course if you went in at 95% leverage with CMHC you may have an issue with a 20% property value drop. With CMHC though this ticket is good for 25-35 years ! Shop it around to other lenders. They may lend the money owed based on the CMHC underwriting (i.e. insurance policy from 5 years ago)