In addition to a first mortgage, a mortgagor may execute subsequent mortgage(s) over his property. However, every first mortgage document invariably contains a covenant by the mortgagor not to further encumber the property without the consent of the first mortgagee.
A second mortgage may be created for business needs where the mortgagor provides the same property as further security for an advance (usually by the same mortgagee as under the first mortgage) made to a company related to the mortgagor. In this situation, the second mortgage is called a "three-parties” second mortgage made by the mortgagee, the related company of the mortgagor as the borrower and the mortgagor.
Nowadays, many developers will also arrange, usually through their subsidiary or related finance companies, second mortgage loans for purchasers of their properties as part of their marketing strategy. In such co-financing schemes, the bank will usually lend up to 70% of the price of the property while the developer will arrange through their subsidary or related finance companies a second mortgage loan for the whole or part of the remaining 30% of the purchase price to the purchaser, with a second mortgage executed in favour of the finance company.
As the mortgagor incurs a higher indebtedness, the risk of default increases accordingly. The Hong Kong Monetary Authority has issued guidelines to banks and set out the criteria for banks' participation in any co-financing scheme. These include, among others, requiring the property to be assessed by independent valuers, not lending more than 70% of the lower of the purchase price or the valuation of the property, and including the total amount of principal and interest repayments of the second mortgage loan when calculating the debt-to-income ratio of the mortgagor.
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