The new mortgage loan regulations, approved by Presidential Resolution 101/2018 and amended by Resolution no. 11/2020, provide, in Article 20, paragraph 5, for the possibility for the holder of the loan, enrolled in the Unified Scheme of Credit and Social Benefits, to claim the renegotiation of the rate.
The renegotiation applies to all mortgage or subrogation contracts with half-yearly or quarterly depreciation in line with payments, which, at the time of submitting the renegotiation claim, have had an interest rate applied that differs from that approved by Resolution no. 12 of 29 January 2020, i.e. to loans and subrogation contracts that:
a) have never been renegotiated under Presidential Resolution no. 89/2017;
b) which have been renegotiated with the above Resolution;
c) have been renegotiated by 31/12/2019 on the basis of Article 20, paragraph 5, of the current unamended Regulation;
d) were disbursed in accordance with the MIE Regulation approved by Presidential Resolution no. 101/2018.
The renegotiation in question is also confirmed for those loans, not in default, which benefit from the so-called “hotel door” clause.
There is no longer any reliance on the Notary. The renegotiation act, pursuant to Article 20, paragraph 5, comes:
- prepared by the operators of the regionally competent Credit Headquarters/Centre;
- signed by the Director of the Provincial Headquarters/Regional Credit Centre/Metropolitan Headquarters of the latter;
- signed by the borrower(s) at the Inps office that prepared the renegotiation act, or at the office that will always be notified by the office that prepared the deed in question.
In order for the renegotiation claim to be accepted, the borrower must be in good standing with all payments, including the payment of the instalment immediately prior to the submission of the renegotiation claim.
WHEN CAN I CLAIM?
The claim for renegotiation can only be submitted digitally in the timeframes below:
- from 10 January to 28 February, with acceptance by 31 March;
- from 01 April to 31 May, with acceptance by 30 June;
- from 10 July to 31 August, with acceptance by 30 September;
- from 01 October to 30 November, with acceptance by 31 December.
For 2020 only, the first useful window will be confirmed after notification of the issuance/update of the IT procedure dedicated to renegotiation.
HOW CAN I CLAIM?
The claim must be submitted exclusively digitally, using the dedicated online service.