Initial training mentioned in 2° of Article D. 314-23 the consumer code (real estate credit)

Topic : Training courses

Sessions :
  • Sessions coming soon

Total time : 40 hours or e-learning

Price : 4 000 € excluding VAT per person

Level :

Objectives :

  • Having the professional competence to intervene in the real estate lending process, within the framework of the presentation of the offer to clients, the analysis of the files, the follow-up of the latter.

Program :

 

  • 1/ Banking and insurance environment:

 

  • Organisation of the international, European and French banking system;
  • Customer protection as an element of financial stability;
  • Compliance with rules on regulatory compliance of operations and customer protection rules;
  • Reminder of the legislation on the fight against money laundering and terrorist financing.

 

  • 2/ Environment of the French real estate market:
  • The structure of the real estate market;
  • The various actors and their roles (notaries, real estate agents, developers, developers, developers, builders, financial investment advisors, asset management advisors, IOBSPs);
  • The basics of real estate law (the concepts of real estate ownership and land law, the various real estate operations that can be financed (new, including sales operations in a future state of completion, old, works), the procedures for purchasing real estate, the organisation and functioning of land registration and the cadastre.

 

  • 3/ Supervision of the distribution of consumer credit relating to residential property (“real estate credit”):
  • Normative framework for the distribution of real estate credit and, in particular:
  • Scope of the real estate credit regime;
  • Pre-contractual information (FISE), adequate explanations to be provided to the borrower, warning to the borrower;
  • Assessment of the borrower’s creditworthiness.
  • Normative framework for the conclusion of the real estate loan agreement, in particular:
  • issuance of the credit offer;
  • conclusion of the credit agreement and the main contract;
  • early repayment;
  • default of payment;
  • credit renegotiation;
  • loan contract in foreign currencies other than the euro.
  • Banking and financial market access and specificities of distance selling: characteristics, normative framework;
  • Knowledge of the rights and obligations of the borrower and the joint non co-borrower, as soon as the contract is formed and in progress.

 

  • 4/ Home loans:
  • Analysis of the financial characteristics of a real estate loan, in particular:
  • the annual percentage rate of charge and the total cost of credit;
  • the duration of the credit;
  • fixed, variable, captive rates;
  • the total amount due by the borrower;
  • the number and content of deadlines;
  • the depreciation table.
  • Financing techniques;
  • The nature and characteristics of the various forms of real estate credit that the apprentice is likely to market, distinguishing between the financing needs that they are likely to meet and the eligible borrowers, in particular:
    • traditional loans and banking specificities;
    • the bridging loan;
    • subsidised loans;
    • loans with PAS and PC agreements;
    • the zero interest loan;
    • the PEL-CEL;
    • loans for employer participation in the construction effort (PEEC).
    • Rental investment schemes;
    • Acts likely to occur during the life of the credit, in particular in the event of a request for early repayment.

 

 

  • 5/ Safeguards:

 

  • The terms and conditions of the credit guarantee and the operating conditions of the guarantee;
  • The different types of guarantees: real and personal guarantees, mortgages, real estate privileges, guarantees including “bank guarantee” (form and purpose), guarantee funds.

 

 

  • 6/ Insurance:

 

  • General concepts on borrower insurance;
  • The risks covered;
  • The principle of untiing insurance and loans, and the notion of “equivalent level of guarantee”;
  • The standardised information sheet;
  • The AERAS system.

 

 

  • 7/ The rules of good conduct and remuneration:

 

  • The professional obligations of the borrower to protect:
  • requirement to know the borrower’s financial situation and needs in order to offer appropriate loans;
  • loyalty requirement: obligation to act honestly, fairly, transparently and professionally in the best interests and rights of consumers;
  • Remuneration rules: prevention of conflicts of interest, risk management.

 

 

  • 8/ Preventing over-indebtedness and responsible debt:

 

  • Presentation and characteristics of over-indebtedness situations;
  • Knowledge and steps necessary to prevent over-indebtedness;
  • Presentation of the principles and procedures for dealing with over-indebtedness;
  • Treatment of over-indebtedness: over-indebtedness commission, organisation, operation, referral, role of the Banque de France.

 

 

  • 9/ Controls and sanctions:

 

  • Knowledge of the offences and breaches relating to non-compliance with the rules set out in Title I of Book III of the Consumer Code and their civil and criminal penalties;
  • ACPR and DGCCRF: competences, control, sanctions.

 

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