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USA/Canada

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© 2024 Totality Real Estate LLC. All rights reserved.

Contact

USA/Canada

UAE

UK

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© 2024 Totality Real Estate LLC.

All rights reserved.

What is a security check in mortgage transactions?

In Dubai’s mortgage transactions, a security cheque is an essential requirement that acts as a form of collateral to safeguard the bank or lender in case the borrower defaults on their mortgage payments. While it may sound complicated, the purpose of a security cheque is quite straightforward—it ensures that both parties are protected throughout the term of the mortgage. Here’s everything you need to know about what a security cheque is, how it works, and why it’s important.

  1. What Exactly Is a Security Cheque?

    A security cheque is a post-dated cheque that the borrower provides to the bank when they take out a mortgage. This cheque is not meant to be cashed immediately; instead, it is held by the bank as a backup guarantee in case the borrower is unable to meet their mortgage obligations.

    The cheque typically covers the full mortgage amount or a significant portion of it, depending on the lender’s requirements. In the case of default—where the borrower fails to make timely payments or violates the terms of the loan—the bank may cash this cheque to recover any outstanding debt.


  2. Why Do Banks Require a Security Cheque?

    The primary reason banks in Dubai require a security cheque is to reduce risk. Mortgage agreements are long-term financial commitments, and while the property itself serves as collateral, the security cheque provides an additional layer of security for the lender. Here’s why:

    • Protection against default: If a borrower defaults on their mortgage, the bank has the right to present the security cheque to recover outstanding amounts.

    • Legal recourse: In Dubai, bouncing a cheque is a criminal offense, giving the bank legal leverage if the cheque cannot be honored. This ensures that borrowers remain committed to their mortgage payments.

    • Commitment to the loan: The security cheque demonstrates the borrower’s financial commitment and responsibility, giving banks confidence in lending large amounts.


  3. How Does a Security Cheque Work?

    When a mortgage is approved, the borrower provides a post-dated security cheque as part of the loan agreement. This cheque is typically for the full amount of the mortgage or a set portion of it, and it remains in the possession of the bank throughout the loan term.

    As long as the borrower keeps up with their mortgage payments, the security cheque is not used. However, if the borrower fails to make payments or defaults on the loan, the bank may cash the cheque to cover the outstanding debt.

    It’s important to note that this cheque is not cashed unless there is a significant breach in the loan terms. The borrower will be notified and given opportunities to resolve the issue before the bank takes any legal action.


  4. How Is a Security Cheque Different from the Mortgage Collateral?

    While the property itself acts as the primary collateral for the mortgage, the security cheque provides additional security. In case the borrower defaults and the bank is unable to sell the property or recover the full value of the loan, the cheque can be used as a backup to recover financial losses.

    This two-tiered protection—having both the property as collateral and the cheque as a financial safeguard—ensures that the bank is not left exposed to significant financial risk.


  5. Legal Implications for Borrowers

    Providing a security cheque in Dubai carries significant legal weight. If the cheque bounces (i.e., if there are insufficient funds to cover the cheque), it is considered a criminal offense under UAE law. This gives the lender strong legal recourse to pursue the borrower for repayment and can even result in legal action against the borrower if the issue is not resolved.


  6. Why Is a Security Cheque Important for Borrowers?

    While the requirement of a security cheque may seem like an added burden, it actually benefits borrowers as well. By providing the cheque, borrowers can:

    • Demonstrate financial responsibility: Issuing a security cheque shows the lender that the borrower is committed to fulfilling the mortgage terms.

    • Secure better mortgage terms: In some cases, providing additional security through a cheque can lead to more favorable interest rates or flexible repayment terms.

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