Defaulted Loan Process

Understanding what happens when a loan defaults.

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Introduction

In this section, we disclose the processes in place and the action we take when a borrower cannot repay their debt and the loan has defaulted.

What happens when a loan defaults?

A borrower is required to meet the Terms and Conditions set out within the loan agreement when it is signed. This includes timely repayment of the capital and interest due at the end of the loan term.

Failure to meet these obligations means defaulting the loan.

Just because a loan has defaulted does not mean your capital is lost. It means that the borrower has been unable to keep to the terms of the agreement for various reasons. We make arrangements to sell the security to recover the capital plus interest when this arises.

Depending on the loan agreement, it will require a specific action to recover the debt. Below are the sequences of recovering a loan that has defaulted.

Do borrowers get extra time to repay or renew a loan?

We allow borrowers, where contact has been made prior to repayment date, additional time as long as they have clearly demonstrated when payment will be made. However, where borrowers do not contact us directly or are unable to clearly provide evidence that the pre-determined exit strategy is being followed through, will require us to take further action and possibly default the loan. Any changes will be communicated to our lenders

Default Process

If a loan status is changed to ‘Default’ and we have received no clear indication of how and/or when we will receive the payment of capital and interest, we will take action to recover the outstanding debt.

We allow borrowers, where contact has been made before or soon after the repayment date, an additional time as long as they have demonstrated when payment will be made. However, where borrowers do not contact us directly, we will commence default proceedings to recover the capital and interest by selling the asset.

This begins by notifying the borrower.

1) Notifying the Borrower

We will send out a default notice to the borrower for full repayment of the capital and interest, or at minimum, the interest for them to renew the loan. This letter also provides them with a formal notice that the loan is now due for repayment immediately and that the security is now enforceable as per the loan agreement. The demand letter has an expiry date of 14 days, after which we will be able to begin the process of arranging the sale of the asset.

2) Arranging the Sale

If no response is forthcoming by the borrower, we will arrange the sale of the assets. As the assets are already in our possession, the sale can begin immediately after the default notice period is served. To do so, we start by researching the best exit route that will achieve the highest return of funds to all parties.

Additional costs may apply to make repairs to the asset to be suitable for sale in the hope of achieving a higher price.

Once a suitable exit is determined (either via auction or private sale) we will arrange the sale.

3) Sale of the asset

The assets get sold at the earliest opportunity, either via auction or private sale. After receiving the cleared funds, the loan will be closed on the system and the funds returned to the lenders.