ALBA 2007 â 1 plc - Irish Stock Exchange
ALBA 2007 â 1 plc - Irish Stock Exchange
ALBA 2007 â 1 plc - Irish Stock Exchange
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
and the right of the relevant Borrowers to redeem their Mortgages by repaying the relevant Mortgage<br />
Loan directly to the Seller. These rights may result in the Issuer receiving less monies than anticipated<br />
from the Mortgage Loans.<br />
Until the Issuer obtains legal title to the Mortgage Loans, the sale of the Mortgage Loans will take<br />
effect in equity only. In order for legal title to be transferred to the Issuer, transfers and assignments<br />
would have to be registered or recorded at the Land Registry and notice would have to be given to<br />
Borrowers of the transfer.<br />
General Regulatory Considerations<br />
A general description of the current regulatory environment affecting the UK residential mortgage<br />
market is set out herein under "Regulation of the UK Residential Mortgage Market".<br />
No assurance can be given that any relevant regulatory authority will not in the future take action or<br />
that future adverse regulatory developments will not arise with regard to the mortgage market in the<br />
UK generally, the Seller's particular sector in that market or specifically in relation to the Seller. Any<br />
such action or developments may have a material adverse effect on the Mortgage Loans, the Seller, the<br />
Issuer, the Special Servicer or the Servicer and their respective businesses and operations. In<br />
particular, the cost of compliance with any such regulation, action or requirement may adversely affect<br />
the ability of the Issuer to meet its financial obligations under the Transaction Documents.<br />
Office of Fair Trading and Financial Services Authority<br />
The Office of Fair Trading (the "OFT") is responsible for the issue of licences under the Consumer<br />
Credit Act 1974 (the "CCA") and the related Consumer Credit Regulations promulgated thereunder.<br />
The OFT may review businesses and operations, provide guidelines to follow and take actions when<br />
necessary with regard to the mortgage market in the United Kingdom.<br />
In February 2000, the OFT issued a guidance note (the "Guidance Note") on what the OFT considers<br />
to be "fair" or "unfair" within the Unfair Terms in Consumer Contracts Regulations 1999 (the "1999<br />
Regulations") (see further below) for interest variation terms. The Guidance Note comments on a term<br />
linking an interest rate to an external rate outside the lender's control. It provides that, generally, the<br />
OFT and Consumers' Association will not regard such term as unfair if the lender explains at the outset<br />
how the mortgage interest rate is linked to the external rate and, if the link does not provide for precise<br />
and immediate tracking, the maximum margin of difference, and the time limits within which changes<br />
will be made. It should be noted that the Guidance Note is not legally binding, has been withdrawn<br />
from the OFT website and is currently under review by the OFT and the FSA. Nevertheless it may<br />
remain in effect as the OFT's view and a factor that the FSA may take into account.<br />
A portion of the Mortgage Loans in the Preliminary Completion Mortgage Pool are Bank of England<br />
Repo Rate-Linked Mortgage Loans where the applicable Mortgage Rate is calculated by reference to<br />
the Bank of England repo rate plus a fixed margin expressed as a percentage above the Bank of England<br />
repo rate currently or after the expiry of a period. The other portion of the Mortgage Loans in the<br />
Preliminary Completion Mortgage Pool are LIBOR -Linked Mortgage Loans where the applicable<br />
Mortgage Rate is calculated by reference to LIBOR plus a fixed margin expressed as a percentage<br />
above LIBOR currently or after the expiry of a period. In relation to such Bank of England Repo Rate-<br />
Linked Mortgage Loans and LIBOR-Linked Mortgage Loans, the Special Servicer (as agent for the<br />
mortgagee) will act as a reasonably prudent residential mortgage lender in setting the rate. The Special<br />
Servicer believes that the Mortgage Rate under the Bank of England Repo Rate-Linked Mortgage Loans<br />
and LIBOR-Linked Mortgage Loans will also be fair in accordance with the Guidance Note.