alliance housing loan term loan terms conditions

Alliance Bank Malaysia Berhad (88103-W)

HOUSING LOAN (HL) &/OR TERM LOAN (TL)

Terms & Conditions

TERMS AND CONDITIONS FOR HOUSING LOAN (HL) &/OR TERM LOAN (TL)

A. CONDITIONS PRECEDENT TO DRAWDOWN

1. Where purchasing from a Developer, Letter of Undertaking from the Developer to refund all sums of

money released in the event of the following:

a. non-registration of transfer in favour of the purchaser(s) and the charge in the Bank's favour;

b. the property is not completed and/or the Certificate of Fitness for Occupation is not issued

(undertaking waived where property is completed and/or CFO is issued);

c. the construction of the project is abandoned, (undertaking waived where property is completed

and/or CFO is issued);

2. Where the property is purchased from Developer and the property completion is at an advanced stage

completion (more than 95%), the Loan will only disbursed upon issuance of Permanent Certificate of

Fitness for Occupation/Certificate of Completion and Compliance (whichever is applicable). No change

request in relation to mode of drawdown is allowed.

3. Where purchasing from a Vendor, Letter of Undertaking from the Vendor to refund all sums of money

released in the event of the following:




4. Where Refinancing the loan from another institution, Letter of Undertaking from Developer to refund all

sums of money released in the event to the following:




5. Where Refinancing the loan from another institution, Letter of Undertaking from the Borrower(s) to

refund the loan sum released in event of non-registration of the charge in the Bank's favour.

6. If the property to be financed is for the purpose of acquisition a completed or under construction

property, a resolution(s) of the shareholders/ Board of directors of the chargor on the acquisition of the

Property by the Bank must be submitted.

7. Under all financing types include purchase of completed or under construction property, refinancing and

unencumbered borrowings, the company charger should not have created any negative pledge or

debenture in favour of any institution which may affect the Bank's interest in the Property or which the

charger may be in breach of by the creation of the charge over the Property.

Where Individual Title/Strata title is Issued

1. Letter of Undertaking from the Chargee Bank to refund the redemption sum released in the event of the

Discharge of Charge/ Receipt of Reassignment is not registered.

2. Lodgement of Private Caveat on the Individual/Strata Title in favour of the Bank prior to the release of

the redemption sum. (If applicable)

Where pending Issuance of Individual Title/Strata title

1. Letter of Undertaking from Developer/Vendor to deliver to us the individual/strata title upon issuance

and not to encumber the Master Title without our prior written consent.

2. Letter of Disclaimer from the Chargee Bank to exclude the unit financed by us from foreclosure

proceedings, if any, taken against the Developer.

3. Letter of Undertaking from the Developer/Vendor, if any to refund the loan sum released in the

event the Deed of Assignment is not perfected resulting in the Power of Attorney in favour of

the Bank is not registered.

4. Letter of Undertaking from the Chargee Bank to refund the redemption sum released in the event of the

Discharge of Charge/ Receipt of Reassignment is not registered (undertaking waived where property is

completed and/or CFO is issued).

B. OD FACILITY

The OD facility, where included, will only be enforced/released upon full disbursement of the Housing

Loan facility.

C. OTHER CONDITIONS

1. Interest on Late Payment

1% p.a. above prescribed rate on any portion of principal and/or interest that is overdue

2. Variation of Interest Rates

The Bank may at its sole discretion vary the Base Lending Rate (BLR) and Base Rate (BR), the rate of

interest imposed above the BLR and BR (including the default rate), the commission or any other

charges from time to time with prior notice.

3. Mode of Drawdown

i. Progressive drawdown or one lump sum in accordance with the Sale & Purchase Agreement (SPA)/

Proclamation of Sale (where applicable) or;

ii. Upon completion and perfection of all loan documentation to the satisfaction of the Bank.

4. Applicable to SaveLink Home Loan/Term Loan - Nature of Account

Comprises of:

i. SaveLink Housing Loan, and Term Loan account(s) where applicable;

ii. A non-interest bearing SaveLink Current Account(s) which is linked to the SaveLink Housing Loan

and Term Loan Accounts.

You may make payments in excess of your loan repayment instalments at any time to your SaveLink

Current Account and any balance held in the SaveLink Current Account:

a) prior to the end of the due date for payment thereof (including loan repayment instalments); or

b) in excess of the amount then due and payable by you, will be set-off against the outstanding

amount on the SaveLink Housing Loan and/or Term Loan for the purpose of interest computation

only. Interest will only be computed on the net outstanding amount on the SaveLink Housing Loan

and Term Loan account(s) after the said set-off.

Priority of Set-Off for loan interest calculation: In event there are two or more SaveLink Term Loan

Account(s) linked to a single SaveLink Current Account, credit balances in the Savelink Current

Account shall be set-off against the loan accounts for daily interest calculation by priority of highest to

lowest interest rate applicable on the loan accounts.

In event the interest rate applicable is identical between any two loan accounts, set-off priority among

the same shall be determined by the Bank at its sole and absolute discretion.

5. Facility Fee - Applicable to SaveLink & Conventional with Redrawal Facility Home Loan/Term

Loan

i. Set-up fee for first SaveLink Current Account - RM200.00. No charge for subsequent Savelink

Account for HL/TL facility(ies) granted under this Letter of Offer.

ii. Monthly Maintenance fee for first SaveLink Current Account - RM10.00. Subsequent accounts free

for the HL/TL facility(ies) under this Letter of Offer.

iii. Set-up fee of RM200 is imposed on Conventional Home Loan with Redrawal Facility.

6. Interest rate upon recall of facility(ies)

In the event the facility(ies) are recalled by the Bank, interest at the prevailing current account excess

rate shall be charged on the amount(s) outstanding until date of full settlement.

7. Special condition(s)

i. In the event that the construction of the unit purchased is abandoned for any reasons whatsoever,

you undertake to service the interest and repay any principal amount released by us on your behalf

on demand.

ii. If there shall be any material change in your financial condition or the Bank becomes aware of any

event which is not disclosed by you to the Bank which in the Bank's opinion (which opinion shall not

be questioned on any account whatsoever) is likely to prejudice your ability to service the credit

facility and interest thereon, the Bank reserves the right to withdraw this offer.

8. Prepayment and Redrawing of Prepayments under Conventional Housing Loan and/or Term

Loan (HL/TL) with Redrawal Facility(ies) (Not applicable to Savelink HL/TL(s) & HL/TL < RM100K)

8.1 Notwithstanding anything contained herein or in the security documents to the contrary, you may

prepay any amount exceeding the monthly instalments at any time without giving notice to the

Bank towards the HL/TL facilities provided the same have been fully disbursed.

8.2 Any amounts received as prepayment shall first be applied towards settlement of any and all

arrears, late or outstanding charges, interest accrued and/or instalment payments due on the

facilities. The surplus ("Advance Payment") therefrom after such payments, shall then:

i. reduce the principal amount of the HL/TL facilities by an amount equivalent to the Advance

Payment for interest calculation and;

ii. be eligible for redrawing subject to the terms and conditions set out below.

8.3 The Advance Payments referred to above, may, at the Bank's sole discretion, be available for

redrawing provided that :

i. the facilities have been fully disbursed;

ii. the tenure of the HL/TL facilities has not expired and the HL/TL has not been fully repaid

and the HL/TL account has not been closed by the Bank;

iii. the Security/ies for the HL/TL facilities has not been discharged or cancelled;

iv. no event of default has occurred or is continuing at the time of the proposed redrawing; and

v. any request for redrawing is subject to five (5) working days prior written notice to the Bank.

8.4 Any written request to redraw the Advance Payments or any part thereof shall only be made at

the Branch at which the HL/TL facilities are maintained.

8.5 You are only allowed to make one (1) request per calendar month to redraw the Advance

payments or any part thereof on any of the facilities herein.

8.6 Any part of the Advance Payments redrawn :-

i. shall form part of the principal amount outstanding under the HL/TL facilities;

ii. shall be subject to the stipulated interest rate and instalment schedule applicable for the

HL/TL facilities herein granted.

8.7 Any part of the Advance Payments redrawn shall be credited into either your Savings or Current

Account under the name of the Borrower(s) of the HL/TL facilities maintained with the Bank. The

Bank shall not be liable or responsible for any delay in the disbursement of the amount to you if

your Savings or Current Account with the Bank is dormant or closed.

8.8 For avoidance of doubt, any monies withdrawn from the Employee Provident Fund (EPF) for the

purpose of reducing any outstanding balance herein shall be deemed as prepayment and shall

not be available for redrawing.

8.9 Each redrawal is subject to a minimum of RM5,000.00 and in multiples of RM1,000.00 (or such

other minimum amount and multiples as the Bank may at its sole and absolute discretion

determine from time to time).

8.10 A non-refundable fee of RM50.00 (or such other amount as the Bank may at its sole and

absolute discretion determine from time to time) is to be paid prior to each redrawing and shall

be debited from your HL/TL facilities account

8.11 Notwithstanding any prepayment or the redrawing of the Advance payments, your obligation to

pay the monthly instalments when due shall remain.

8.12 In event of a shortfall in your payments to meet such obligations as and when due on your

HL/TL facilities, then the Advance Payments shall immediately be utilized towards settlement of

such shortfall, either partially or in full, without further notice to you by the Bank. The Advance

Payments shall then be reduced accordingly by an equivalent amount.

8.13 For avoidance of doubt, all amounts repaid towards payment of monthly instalments as per the

instalment schedule shall not be available for redrawal.

8.14 The above redrawal facility shall be also available for Bank Negara Malaysia Priority Sector

Loan under Conventional Home Loan with Redrawal.

8.15 The redrawal facility shall not be made available for loan facilities under Syarikat Jaminan Kredit

Perumahan Berhad Housing Guarantee Scheme (SJKP) and also PPR (MTEN) / DBKL Project.

9. Availability

i. The availability of the credit facilities is subject to completion of all loan documentation to the

satisfaction of the Bank within three (3) months from the date of acceptance of this offer including

compliance with any condition or restriction in the Master Title (if any).

Note: "Completion" means completion of all required acts and action by the customer including but

not limited to signing of all loan documentation, furnishing of relevant documents of

authorisation and payment of stamp duty.

ii. This facility is subject to periodic reviews and in accordance with normal banking practice, it is

subject to our customary over-riding right of recall in the event of default

iii. In the event that the property financed herein shall not be completed within the stipulated time

provided for in the Sale & Purchase Agreement (SPA), you hereby irrevocably authorise the Bank to

deal with claims for progressive payment by the developer in any manner that the Bank shall in its

absolute discretion deem fit.

10. Interest

Interest shall be calculated at the Prescribed Rate applicable to the HL/TL on the daily

outstanding amount (or based on monthly rest where specified and applicable) and such

interest is to be payable monthly in arrears and shall be debited accordingly to your account at

the end of each month.

11. Eligibility of Free Alliance Bank Credit Card (Not Applicable For Bank Negara Malaysia Quota

Loans, Syarikat Jaminan Kredit Perumahan Berhad Housing Guarantee Scheme (SJKP) and PPR

(MTEN) / DBKL Project)

Upon receiving your Credit Card application and notwithstanding the approval of the HL/TL facilities,

please note that your credit card application is subject to separate credit assessment by our Card &

Payment Services Department and the Bank reserves the absolute right to approve or reject your credit

card application as the Bank deems fit without assigning any reason whatsoever.

11.1 Additionally, the eligibility of a free Alliance Bank Credit Card, shall be subjected to the following:

i. The credit card application will be processed upon evidence received of the signing of the

Sales And Purchase Agreement (S&P) for the purchase of the said property or 10% down

payment has been paid or upon acceptance of this Letter of Offer in the case of refinancing

the said property.

ii. In the case of a joint HL/TL:

a) Only one Borrower would be eligible to apply for the principal credit card and the other

joint Borrower to apply as supplementary cardmember and;

b) The credit limit(s) will be assigned by Alliance Bank according to its credit requirements.

iii. Upon accepting the Alliance Bank Credit Card, you agree to be bound by the Alliance Bank

Credit Card Terms and Conditions, a copy of which will be given to you together with the

Credit Card.

11.2 The Bank may at its sole discretion cancel the Credit Card or convert it to a generic Alliance

Bank Credit Card where the annual fees will be charged accordingly in the event:

i. You do not accept the Housing Loan/Term Loan facility;

ii. the Housing Loan/Term Loan Facility and/or any other credit facility is in default; or

iii. the Housing Loan/Term Loan is fully settled or redeemed.

Notwithstanding the approval of the HL/TL facilities, please note that your credit card application

is subject to separate credit assessment by our Card & Payment Services Department and the

Bank reserves the absolute right to approve or reject your credit card application as the Bank

deems fit without assigning any reason whatsoever.

12. Insurance

12.1 Fire Insurance

A fire / houseowner's insurance policy will be arranged by the Bank on your behalf and the

premiums will be borne by you. This policy will be endorsed with the Bank's name as assignee /

mortgagee / loss payee and the Bank reserves the right to renew the policy annually upon its

expiry as long as the HL/TL is/are still subsisting.

In this connection, subject to a review by the Bank of its terms, a Master Insurance/Takaful Policy

as arranged by the developer, proprietor or Dewan Bandaraya Kuala Lumpur (DBKL) or any

other relevant body may be acceptable.

However, should you opt to take up the insurance policy from an insurance provider of your own

choice on the Bank's panel or one which is not listed in the Bank's list of panel insurers, you have

give us prior written notice and the following must be adhered to:

a) sum insured must be sufficient/adequate in the opinion of the Bank;

b) Alliance Bank Malaysia Berhad (ABMB) must be endorsed on the policy as

assignee/mortgagee/loss payee;

c) original insurance policy must be forwarded to ABMB for safekeeping; and

d) the original insurance policy upon yearly renewal together with proof of payment must be

forwarded to ABMB at least one (1) month before the expiry date of the preceding policy.

In the event of failure to adhere to any one or more of the above-mentioned items, the Bank has

the right to purchase the fire insurance policy on your behalf to protect the Bank's interest and

the premium shall be borne by you.

12.2 Insurance Terms And Conditions

12.2.1 Bank Financed

Insurance Coverage

As requested by you, an insurance policy with or without rider(s) for the purpose of mortgage

insurance or life insurance, whichever is applicable, shall be taken up with our panel insurer (with

the Bank endorsed thereon as the assignee/beneficiary/loss payee).

The insurance policy is to cover the life assured only.

Please take note that the insurance policy is underwritten by our panel insurer and is offered

subject to their terms, conditions and approval. For mortgage insurance, you are advised to read

the Insurance Certificate, a copy of which will be forwarded to you by our panel insurer upon

commencement of coverage or which may be obtained from the offices of our panel insurer. For

life insurance policy, the policy shall be assigned and held by the bank where cash payouts /

bonuses / dividends (guaranteed or non-guaranteed), if any, shall be accumulated into the policy.





b) Alliance Bank Malaysia Berhad (ABMB) must be endorsed on the policy as assignee/

mortgagee/loss payee;

c) a copy of insurance policy must be forwarded to ABMB for safekeeping.

Effective date of insurance coverage

Upon approval of your insurance application, the insurance premium shall only be disbursed after

the Housing Loan has been disbursed. The insurance coverage shall commence from the date

the full premium payment is received by insurer or the day your insurance application is

approved, whichever is the later.

Non Approval/Cancellation of Insurance Coverage

In the event that the application for insurance is not approved or cancelled for whatever reasons,

the insurance premium financing facility shall be cancelled. The Interest Rate for the Facility(ies)

may be increased with prior notice from us.

Early Disbursement of Facility(ies)

We may at our absolute discretion allow disbursement of the Facility(ies) prior to the completion

and/or commencement of the insurance coverage ("Early Disbursement") Provided Always you

shall procure and deliver to us the insurance policy with our interest as assignee/beneficiary/loss

payee duly endorsed within two (2) months from the date the Early Disbursement was effected.

In the event we exercise the discretion to allow Early Disbursement and the insurance is not

approved, the Interest Rate for the Facility(ies) shall be increased with prior notice by 0.10% per

annum or for such other quantum of interest to be determined solely by us.

We will not be responsible for any damage or loss, direct or indirect that may be occasioned as a

result of failure on your part to ensure that the insurance policy is successfully taken out and/or

the Bank is duly endorsed as the assignee/beneficiary/loss payee and/or due to the Early

Disbursement.

The early release of the Facility(ies) should not be construed as a waiver by us of the terms and

conditions as stipulated herein and/or the Facilities Agreement and we are at liberty at any time

to insist on full compliance and fulfillment on your part of all conditions in the Letter of Offer and

the Facilities Agreement.

In addition, in the event there is default in repayment of the Facility(ies) or breach of any of the

terms and conditions governing the Facility(ies), we may at our sole and absolute discretion (but

not obliged to) without notice to you, exercise our option to terminate the insurance policy and

apply the surrender value towards reduction of the outstanding sum of the Facility(ies).

Termination of Insurance Policy

In the event that the insurance is terminated for whatever reasons:

(a) We will apply the proceeds from the surrender value of the insurance policy to offset the

outstanding Facility(ies).

(b) We are not liable or responsible in any manner for the sufficiency or otherwise of the

surrender value arising from the termination of the insurance policy.

Payment of Benefits

All benefits payable under the insurance policy taken up will be made to us directly and will be

first used to offset any outstanding Facility(ies) due to the Bank. The remaining benefits (if any,

after the set-off) will be payable to you or your estate (as the case may be).

12.2.2 Self Financed

Insurance Coverage

As requested by you, an insurance policy with or without rider(s) for the purpose of mortgage

insurance or life insurance, whichever is applicable, shall be taken up with our panel insurer (with

the Bank endorsed thereon as the beneficiary/loss payee for mortgage insurance only).

The insurance policy is to cover the life assured only.

You shall be responsible for all the premiums pertaining to the insurance coverage.

Please take note that the insurance policy is underwritten by our panel insurer and is offered

subject to their terms, conditions and approval. You are advised to read the Policy or Insurance

Certificate, a copy of which will be forwarded to you by our panel insurer upon commencement of

coverage or which may be obtained from the offices of our panel insurer.





b) Alliance Bank Malaysia Berhad (ABMB) must be endorsed on the policy as assignee/

mortgagee/loss payee;

c) copy of insurance policy must be forwarded to ABMB for safekeeping.

Effective Date of Insurance Coverage

The insurance coverage shall commence from the date the full premium payment is received by

insurer or the day your insurance application is approved, whichever is the later.

Non Approval/Cancellation of Insurance Coverage

In the event that the insurance coverage is not approved or cancelled for whatever reasons, the

Interest Rate for the Facility(ies) may be increased with prior notice from us.

Early Disbursement of Facility(ies) For MRTA/MLTA Only

We may at our absolute discretion allow disbursement of the Facility(ies) prior to the completion

and/or commencement of the MRTA/MLTA ("Early Disbursement") Provided Always you shall

procure and deliver to us the MRTA/MLTA certificate with our interest as beneficiary/loss payee

duly endorsed within two (2) months from the date the Early Disbursement was effected. In the

event we exercise the discretion to allow Early Disbursement and the MRTA/MLTA is not

approved, the Interest Rate for the Facility(ies) shall be increased with prior notice by 0.10% per

annum or for such other quantum of interest to be determined solely by us.

We will not be responsible for any damage or loss, direct or indirect that may be occasioned as a

result of failure on your part to ensure that the MRTA/MLTA policy is successfully taken out

and/or the Bank is duly endorsed as the beneficiary/loss payee and/or due to the Early

Disbursement.

The early release of the Facility(ies) should not be construed as a waiver by us on the terms and

conditions as stipulated herein and/or the Facilities Agreement and we are at liberty at any time

to insist on full compliance and fulfillment on your part of all conditions in the Letter of Offer and

the Facilities Agreement.

In addition, in the event there is default in repayment of the Facility(ies) or breach of any of the

terms and conditions governing the Facility(ies), we may at our sole and absolute discretion (but

not obliged to) without notice to you, exercise our option to terminate the MRTA/MLTA and apply

the surrender value for the MRTA/MLTA towards reduction of the outstanding sum of the

Facility(ies).

Termination of MRTA/MLTA Only

In the event that the MRTA/MLTA is terminated for whatever reasons:

(a) We will apply the proceeds from the surrender value of the MRTA/MLTA to offset the

outstanding Facility(ies).

(b) We are not liable or responsible in any manner for the sufficiency or otherwise of the

surrender value arising from the termination of the MRTA/MLTA.

Payment of Benefits of MRTA/MLTA Only

All benefits payable under the MRTA/MLTA taken up will be made to us directly and will be first

used to offset any outstanding Facility(ies) due to the Bank. The remaining benefits (if any, after

the set-off) will be payable to you or your estate (as the case maybe).

13. Fees and Costs under Financed Entry Cost (FEC) and Non Zero Entry Cost (Non ZEC):

Financed Entry Cost

13.1 The solicitors' fees, stamp duty and costs incurred toward the perfection of the legal

documentation and Valuation report in relation to provision of the Credit Facilities herein shall be:

i. financed up to the limit specified herein in respect of Financed Entry Cost. In the event the

said fees shall exceed such stated limit, you will bear and settle such excesses accordingly.

The Entry Cost is payable to appointed solicitor and/or valuer being financing of legal

documentation costs (comprising legal fee, stamp duty, disbursements) and/or fee for

valuation reports. Should there be any excess between the approved Entry Cost Limit and

actual payment, the excess sum will be credited back to your loan account.

Non-Zero Entry Cost (Non ZEC) Package

13.2 All cost and expenses on the issuance of formal valuation report shall be fully borne by the

Borrower.

13.3 In the event that the valuation fees are not paid prior to disbursement of the facilities, the Bank

shall have the right to debit the fees to your account at any time the Bank deems fit to enable the

release of your facilities to the respective parties.

Applicable to All Packages (Financed Entry Cost and Non-Zero Entry Cost (Non ZEC) Packages)

13.4 Credit Facilities involving Deed of Assignment as Security/Support: Upon issuance of Individual

Title / Strata Title over the property specified under Security / Support, all legal fees and costs for

the creation and registration of the land charge shall be borne by you.

13.5 In the event the Borrower decide to withdraw from the Credit Facilities after the acceptance of

this Letter of Offer, you shall be liable to pay all the necessary fees and expenses, however

arising or incurred in connection with or incidental to the legal documentation, registration and

discharge of the Credit Facilities including solicitors fees (on a solicitor and client basis) in

connection with the preparation and execution of the legal documentation, registration and

discharge of the Credit Facilities and any other matters related thereto. You shall also be liable to

pay the valuer's fees and disbursements in relation to the preparation of the formal valuation

report. If you default in the payment of any part of the mentioned fees and disbursements, the

respective solicitors and/or valuer shall be entitled to recover the indebtedness or any part

thereof from you through the process of law. In addition thereto, you shall be liable to pay the

solicitors' fees and any other fees and expenses incurred in respect of such collection and/or

recovery.

14. Tax Charges

Unless otherwise specified herein, the Banks charges exclude any current taxes and future taxes that

may be imposed (including the Goods and Services Tax (GST)), under the relevant legislation. Upon

the effective date of implementation of any such taxes in the future and wherever applicable, the

Bank will be entitled to recover such taxes from borrower(s).

15. Other conditions

15.1 An account must be opened with the Bank for purpose of debiting the monthly repayments and

other charges lawfully incurred. The borrower(s) hereby authorizes the Bank to debit the said

account for purposes mentioned herein.

15.2 The property financed herein must be occupied at all times by the Borrower. In the event that the

property financed is found to be not owner-occupied, the Bank reserves the right to increase the

interest rate on the Credit Facilities or vary the terms of the Credit Facilities on such terms and

conditions that the Bank shall in its absolute discretion deem fit.

15.3 If the facility is approved under the Bank Negara Malaysia's prescribed ceiling interest rate. The

house financed herein shall be owner occupied which are to be in line with the eligibility criteria

(amongst others) under this scheme. The Bank therefore, reserves the right to vary your present

prescribed ceiling rate to a commercial rate if the house is not owner-occupied during the

duration of the Housing Loan.

15.4 You must obtain the Bank's consent in writing before terminating or agreeing with Developer

and/or Landowner to terminate the Sale & Purchase Agreement.

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