Home Mortgage Conditions
Home Mortgage Conditions
Consisting of:
Conditions governing ABN AMRO Mortgage Types - Home Mortgage,
1 October 2023
General Mortgage Conditions, 1 February 2015
General Conditions of ABN AMRO Bank N.V., March 2017
Contents Home Mortgage Conditions
Term Definition
Annual Percentage Rate The annual percentage rate is the interest rate that you pay including any related costs and taking account of whether
(APR) the interest is paid in advance or arrears.
Bridging loan A bridging loan enables you to use the equity in your present home for the purchase of a new home. After your present
home has been sold, you repay the bridging loan to the bank. A bridging loan is granted for a limited term. This is
specified in the loan offer. You must repay the bridging loan in full at the end of this limited term, even if your home has
not yet been sold.
Building fund account A building fund account is an account into which the bank pays all or part of your loan. You use the money in this
account to pay the invoices for the construction or improvement of your home.
Buildings insurance Under a comprehensive buildings insurance policy, your home is insured against damage as a consequence of perils
such as fire, storms and burglary. This insurance is compulsory. Another name for buildings insurance is residential
premises insurance.
Cancellation The cancellation of all or part of a mortgage registration at the Land Registry after the mortgage has been repaid in full
or in part.
Capital accumulation Under certain mortgage types, you do not make any monthly repayments for your loan. Instead you save or invest
money in order to accumulate a given amount of capital. This can also be achieved by means of an insurance policy.
At the end of the loan term, you repay the loan using the capital that has been accumulated.
Cash value The cash value is the current value of an amount which someone would obtain only after a given period. If you repay
your loan before the end of the loan term the bank will not receive part of the interest which you would otherwise
have paid. This future interest is discounted to its cash value.
Claim form Using a claim form, you can withdraw money from your building fund account.
Code of Conduct for Mortgage lenders in the Netherlands have made agreements among themselves about such matters as the content
Mortgage Loans of the information material that customers receive. These agreements are set out in the Code of Conduct for Mortgage
Loans (Gedragscode Hypothecaire Financieringen).
Collateral We want to be certain that you will repay your loan. That is why we ask you to give us a right of mortgage on the collateral
for the loan. This collateral is almost always the house (and everything that belongs with it) that you are buying or already
own. The mortgage deed contains a description of the collateral.
Credit policy The credit policy sets out the bank’s own rules on offering loans.
Current interest rate The current interest rate is the interest that is currently charged for a similar new loan component. A similar new
loan component is a loan component whose characteristics most closely resemble the characteristics of your loan
component.
Fixed-rate period This is a period you select during which your interest rate remains unchanged. The interest rate may change if you
change the mortgage type of a loan component, or if the relationship between the value of your home and the amount
of the loan changes and your loan is consequently classified in a different tariff class.
Fixed interest rate A fixed interest rate means that the interest rate you pay does not change during an agreed period. This agreed period
is generally at least one year and is known as the fixed-rate period. Any interest rebates or surcharges may affect the
level of the fixed interest rate. The fixed interest rate may change, for example if the mortgage type of a loan component
changes or if the relationship between the value of your home and the loan changes and your loan is consequently
classified in a different tariff class.
Foreclosure sale If you can no longer make the payments under your loan, we first attempt to find a solution in consultation with you.
(forced sale) If this is not successful, we may ultimately have to sell your home compulsorily. This is a right under the mortgage
and is also known as a forced sale.
Foreclosure value The foreclosure value of your home is an estimate of its value in the event of a forced sale.
Guarantee at market The Home Equity Mortgage (Overwaarde Hypotheek) gives you a guarantee at market value. This guarantee gives you
value the certainty that, in certain situations, you or your surviving dependants will not be left with a residual debt if the home
is sold for a price that is lower than the amount of your mortgage debt.
Home improvement plan If you intend to use the loan for the improvement of your home, we ask you to provide us with a home improvement plan.
This sets out what alterations you plan to make and how much you need for this.
Page 1 of 3 List of terms and definitions Home Mortgage Conditions October 2023
Home acquisition debt The home acquisition debt is the part of the loan that may qualify for mortgage interest tax relief in box 1. This is
possible only if the loan has been taken out (i) for the purchase, maintenance or improvement of an owner-occupied
home, and (ii) for the buy-out of long lease rights, building rights or a perpetual, low-rent lease. You must also meet a
number of other conditions. Please consult a tax adviser or the Tax and Customs Administration for more information
on the applicable conditions. For example, if you have used a loan component to furnish your home, you may not add
it to your home acquisition debt.
Home Ownership The Home Ownership Guarantee Fund (Stichting Waarborgfonds Eigen Woningen) guarantees the loan if you have
Guarantee Fund taken out the loan under the National Mortgage Guarantee (NHG) scheme. The terms and conditions can be found at
nhg.nl
Interest rate (fixed) See Fixed interest rate.
Interest rate (variable) See Variable interest rate.
Interest rebate You may possibly receive a rebate (temporarily or otherwise) on your interest rate. If that is the case, the loan offer will
indicate what rebate you will obtain for each loan component, what conditions apply and how long you will receive this
rebate. It is therefore possible that the interest rebate will lapse during the term of your mortgage.
Interest rate refixing If your fixed-rate period ends, the interest is reviewed. You can then choose a new fixed-rate period. This means that
the interest rate you pay may change. This is also known as interest review.
Interest rate refixing Where there is an interest rate refixing period, this means that, during the last two years of your fixed-rate period,
period you can switch to a different fixed-rate period. Certain fixed-rate periods provide for an interest rate refixing period.
Interest rate type You can choose between a fixed and a variable interest rate. These are interest rate types. You can find more
information in the conditions. Important information is provided in Chapter 5 (‘Interest’). Your adviser can tell you more.
Land Registry We always enter the mortgage on a home in the records of the Land Registry (Kadaster). These records are also
known as the ‘mortgage register’.
Loan components Your loan may consist of various parts. We refer to them as loan components.
Loan term The loan term is the period over which your loan runs. The loan term may vary from loan component to loan component.
At the end of the period, you must have repaid the loan in full.
Market value See value of your home.
Monthly amount Each month you pay an amount for your mortgage. This amount always includes interest. It may also include an amount
for the repayment to the bank (redemption), a contribution, a saving amount and/or an insurance premium. The total is
called your monthly amount. You might also be required to pay other amounts for your mortgage directly to a party
other than the bank, such as an insurer.
Mortgage A mortgage consists of the loan, the interest, the repayments and the bank’s claim on the property.
Mortgage characteristics Your mortgage may consist of various loan components. Each loan component has its own characteristics.
The characteristics of a loan component are the mortgage type, interest rate type, term and fixed-rate period that
you have agreed with the bank.
Mortgage deed You sign the mortgage deed at the office of a civil-law notary. This deed is an agreement which we enter into with you.
It includes the arrangements concerning the loan as well as the mortgage right and the collateral.
Mortgage right The bank requires collateral for the loan. This is almost always the home you buy. As a result of the mortgage, the bank
has first claim on your property.
Mortgage type The type of mortgage determines how you make the repayments.
My Mortgage My Mortgage is a secure digital environment in which you can view and modify your mortgage and your personal
information. The bank may also send you information via My Mortgage.
National Mortgage The National Mortgage Guarantee Scheme (Nationale Hypotheek Garantie / NHG) serves as extra collateral for the
Guarantee Scheme bank. You do, however, pay a fee to the party that runs the scheme. For the terms and conditions, see nhg.nl
Nominal interest rate The nominal interest is the rate of interest you pay. Unlike the annual percentage rate (APR), the nominal interest rate
does not take account of any costs or of whether the interest is paid in advance or in arrears.
Pledge The bank wishes to have the certainty that you will repay your loan. This is why it may want a pledge in addition to
a mortgage. Examples of assets you can pledge are insurance policies, (bank) savings accounts or other accounts.
This means that, if you do not pay the interest or do not repay your loan, the bank may use the insurance or the bank
or other savings account to repay your loan.
Portable mortgage The portable mortgage scheme means that (subject to certain conditions) you may transfer the basic level of the fixed
scheme interest rate from your old loan or loan component to your new loan from the bank. This applies only for the remaining
fixed-rate period of your old loan or that old loan component. You can read more about this in the conditions or ask
your adviser for an explanation.
Progress payments If you build a new home, you agree with the person who is to build your home what amounts must be paid for what
work. These payments are known as progress payments.
Page 2 of 3 List of terms and definitions Home Mortgage Conditions October 2023
Repayment You ask the bank for a loan to buy your home. You must always repay this loan to the bank. Repayment is sometimes
also referred to as redemption.
Right of mortgage To provide certainty that you will repay the loan, you give the bank a right of mortgage on collateral (your home). The
right of mortgage means that the bank may sell your home if you fail to perform your obligations.
Tariff class The bank uses various tariff classes to determine the interest rates. Each tariff class has its own ratios of the amount of
the loan to the value of the home (the collateral). The relationship between the amount of your loan and the value of
your home determines in which tariff class your loan is classified. The higher the ratio, the more money you have
borrowed in relation to the value of your home and the greater the risk run by the bank. During the term of the loan, your
loan may be classified in a different tariff class if certain conditions are met, for example if the amount of your loan or
the appraised value of your home changes. The bank may set different interest rates for different tariff classes.
Transitional loan This is an interest only loan at a variable rate. If you are making use of the portable mortgage scheme, your old loan
will be converted into a transitional loan.
Valuation report A valuation report is a report describing the value and the state of repair and maintenance of the collateral, among other
things. Only a recognised valuer may prepare such a report. The report must also satisfy the conditions set by the bank.
Value of your home The value of the home (market value) is determined in a valuation report. This report must meet the requirements set
by the bank. The bank may also accept another document showing the value of the home. The value of the home is also
referred to as its market value. In the case of a new build property, the value of the home is equal to the purchase/
contract price, including the loss of interest during the construction period (building interest) and any extra work. The
bank may set conditions concerning the amount of the loss of interest during the construction work and concerning
the extra work.
Variable interest rate A variable interest rate means that the interest rate you pay every month can change. This means that the amount of
interest you pay might also be different every month. You will have no certainty as regards your monthly amount.
The article about variable interest contains more information about the variable interest rate, including when it can be
changed, what grounds may give rise to a change and what the consequences are for you as the client. The variable
interest rate consists of the following five variable elements:
1. The basic interest rate,
2. The surcharges relating to developments on the capital markets and the costs of capital,
3. Individual risk surcharges,
4. Ongoing costs, and
5. Profit.
Page 3 of 3 List of terms and definitions Home Mortgage Conditions October 2023
Conditions governing ABN AMRO
Mortgage Types - Home Mortgage
October 2023
Conditions governing ABN AMRO Mortgage Types
Home Mortgage
This is a translation of the original Dutch text and has been the bank can and may sell your home (the collateral).
drafted for the customer’s convenience only. No rights can Such a sale is referred to as a foreclosure sale or
be derived from this translation. forced sale of your home.
2. Your loan is repaid from the proceeds of the sale of
1. General information your home. If the proceeds are less than the amount
you have to repay to us (the outstanding amount of
1.1 What does a mortgage consist of? your loan, interest and other costs), you must repay
1. A mortgage always consists of four elements: the remaining sum to the bank in some other way.
1. the amount you borrow from the bank (the loan); 3. The mortgage right is entered in the records of the
2. how and when you will repay the amount (which Land Registry. This register lists all mortgages on
consists of one or more loan components); homes in the Netherlands and the amount of these
3. the interest you pay on this amount, broken down mortgages.
by loan component; 4. The agreements we reach with you concerning the
4. the mortgage right on the home (the collateral) that mortgage right are set out in the mortgage deed.
you give to the bank.
2. The whole – in other words, all four elements together – 1.3 Your mortgage must be in keeping with your financial
are known as the mortgage. situation and your wishes
3. Where we refer in these conditions to the fourth element You must always repay your mortgage to the bank at an
(the collateral) we use the words ‘the mortgage right’. agreed point in time. There are various ways of doing
Please also read article 1.2: ‘What does the mortgage this. The manner in which repayment is made to the bank
right entail?’. determines the mortgage type. The bank has various
mortgage types for various ways of making repayment.
You can choose a mortgage type that suits your financial
Please note situation and your wishes. To advise you, your adviser
You pay interest because we lend you a sum of money. You must also must therefore know what your financial situation and
repay the loan in full to us. This means that the amount you pay to the wishes are. This is therefore something you should
bank exceeds the amount you borrow. discuss with your adviser. Please note that not every
mortgage type is suitable for you.
Page 1 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
mortgage can therefore consist of various interest rate 2. The bank is not liable for the consequences of a
types, mortgage types, loan terms or fixed-rate periods. change in the tax legislation and regulations. Nor is
The terms of your loan components may also differ. the bank liable if it transpires that you cannot take
4. Different conditions may apply to each loan component. advantage of certain types of tax relief.
The loan offer sets out what conditions apply to each 3. You must personally ensure that your tax return is correct.
loan component. The bank is not liable for any losses that may be suffered
as a consequence of the tax return.
Page 2 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
applicable at that time: 4. Loan offer
▶ If you take out a new loan. Your loan offer sets out the specific agreements that
▶ If you take out a bridging loan. you make with the bank about the characteristics of
▶ If you take out an additional loan component to your mortgage, including the loan, interest rate and
increase your existing loan. repayments. Your loan offer specifies precisely which
In the event of other changes to your existing loan, there is documents (and which version of the documents)
no new loan although you may still have to comply with the referred to in points 1-3 of this article apply to your
bank’s credit policy or other rules in force at that time. It is also mortgage. If you sign the loan offer, you confirm that
possible that we reach new agreements with you concerning you approve all the agreements and conditions and the
your loan and that these are governed by new conditions. content of the loan offer. You will sign the loan offer
again at the office of the civil-law notary. The loan offer
2. What rules does the bank apply when granting is then included as an annexe to the mortgage deed.
loans?
3.3 Which rules prevail in the event of conflict between
1. The bank applies various rules. It complies with the them?
statutory rules for mortgages. In addition, a code of If the various sets of rules contain different provisions
conduct may apply to your mortgage. Please also on the same subject, they may possibly conflict with
read article 3.2: ‘What documents contain the rules one another. In such a situation, the rules are said to be
for my mortgage?’. mutually contradictory. The following order of precedence
2. The bank also imposes its own requirements for then applies to your mortgage:
the granting of loans. These rules are known as the ▶ your loan offer takes precedence over all other rules;
bank’s credit policy. ▶ the specific conditions for your mortgage type
3. If you wish to change your mortgage or wish to (chapters 22 - 30) take precedence over the conditions
increase the amount of a new loan from the bank, the for all mortgage types (chapters 1 - 21);
bank will apply the rules in force at that time when it ▶ the specific conditions of your mortgage take
assesses your request. precedence over the General Mortgage Conditions and
the General Conditions ABN AMRO Bank N.V.; and
3. The conditions ▶ the General Mortgage Conditions take precedence
over the General Conditions ABN AMRO Bank N.V.
3.1 To what do these conditions apply?
1 Chapters 1-21 apply to all mortgage types. 3.4 Can the bank change my conditions?
2. Chapters 22-30 are special chapters. These chapters apply Each loan component in your mortgage has its own
only for the mortgage type stated in the chapter heading. conditions. If you change a characteristic of a loan
Your loan offer states what mortgage type(s) you have. component, your conditions may change and you will
receive an offer based on the conditions applicable to your
3.2 What documents contain the rules for my mortgage? new situation. For instance, your conditions may change
The following documents contain the rules that apply to if your interest rate contract is changed before the end of
your mortgage: the fixed-rate period or if your mortgage type is adjusted.
1. Conditions governing ABN AMRO Mortgage Types
These conditions contain the rules that apply to your 3.5 In which language do we communicate with you?
mortgage. You receive a copy of these conditions The communication between you and us takes place in
together with your loan offer. Dutch. All documents, such as your loan offer, are also in
2. General Mortgage Conditions Dutch. If you have a document for us that is in a language
These conditions set out what rights the bank has other than Dutch, we may require a translation into Dutch.
because it has lent you a sum of money. You receive The translation must be performed by a translator or other
a copy of the General Mortgage Conditions as part of person whom we consider suitable for this purpose. The
the ABN AMRO Home Mortgage Conditions. costs of the translation are payable by you.
3. General Conditions ABN AMRO Bank N.V.
These conditions apply to all products and services
that you buy from the bank, therefore not only to your
mortgage. You receive a copy of these conditions
together with your loan offer. The conditions govern
the entire relationship between you and the bank.
Page 3 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
4. Starting date and end of term of loan/loan Please note: the starting date of your mortgage is 2 April and so you
component pay interest with effect from 2 April.
Page 4 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
▶ the amount and duration of any interest rebate; the interest rate. Each tariff class has its own ratios
▶ the interest rate type (fixed or variable interest); of the amount of the loan to the value of the home
▶ the annual percentage rate (APR); (the collateral). In addition, a separate tariff class (or
▶ the fixed-rate period. separate tariff classes) may apply for mortgages with
a National Mortgage Guarantee.
3. The tariff class always applies to the entire loan, in
Important terms other words to the amount (or residual amount) of your
The nominal interest rate is the interest rate that you pay. total loan.
The annual percentage rate is the interest rate that you pay, 4. The bank may always adjust the tariff classes. Such
including the arrangement compensation, and taking account an adjustment will not apply to you until the next
of whether the interest is paid in advance or in arrears. interest rate refixing of a loan component. If you have
a fixed-rate period that is about to expire, your loan
may be classified in a different tariff class and you
will have to pay the interest for that tariff class. Do
Please also read article you have a variable interest rate? This interest rate
5.5 for an explanation of the term interest rate type can change every month. In that case, an adjustment
5.8 for an explanation of the term fixed-rate period of the tariff classes may mean that you will have to
pay the interest rate for the new (i.e. adjusted) tariff
class starting from the month that this adjustment
comes into effect. If you make use of the portable
5.2 Over what period do I owe interest and when must I mortgage scheme, different rules apply. See Chapter
pay it? 15 ‘Portability’.
1. You must pay interest throughout the whole term 5. Another factor that influences the rate of interest you
of each loan component. Please note: you also pay pay is the mortgage type. Each loan component can
interest from the date on which you signed the have a different mortgage type. And each mortgage
mortgage deed at the office of the civil-law notary. type can have a different interest rate.
If you withdraw extra funds during the term of an 6. The bank can always adjust the difference in interest
existing mortgage registration by taking out a new loan rates between the mortgage types. If you have a fixed-
component, you pay interest for that loan component rate mortgage, the change will not take effect
from the date on which you are able to use the loan until the next interest rate refixing of a loan component.
funds. You stop paying the interest when you have paid 7. You can find information about the current tariff classes
the bank everything you owe (the loan, interest and and interest rates at abnamro.nl/hypotheken
any costs).
2. You must pay interest each month in retrospect. Different rules apply for the Home Equity Mortgage
Please also read article 5.4: ‘How is the amount that I (Overwaarde Hypotheek). If you have a Home Equity
pay in interest calculated?’. Mortgage, please read Chapter 27. Different rules also
3. You cannot pay the interest in advance. apply for the Sustainable Mortgage (Duurzaam Wonen
Hypotheek) and the Payment Holiday Mortgage
(Tijdelijke Betaalstop Hypotheek). If you have a Sustainable
Please note Mortgage, please read Chapter 28. If you have a
In addition to the interest you must pay, you may also have to pay other Payment Holiday Mortgage, please read Chapter 29.
amounts each month, such as a contribution to your bank savings
account or an insurance premium. You may also have to repay part of 5.4 How is the amount of interest that I must pay
your loan each month. How much you pay each month depends on, calculated?
among other things, the mortgage type. 1. The amount that you must pay in interest is calculated
on the amount of your loan. If your loan consists of
several loan components, the amount that you must
pay in interest is calculated for each loan component.
5.3 What determines the rate of interest I pay? 2. The interest rate that you must pay can differ from one
1. One of the factors that influences the rate of interest loan component to the next. The amount is calculated
you pay is the relationship between the amount of for each full month on the amount of your loan
your loan and the value of your home (the collateral). component at that time. This is the amount of your
2. The bank uses various tariff classes to determine loan component as this was at the end of the previous
Page 5 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
month. For the purposes of calculating interest, a month 1. The basic interest rate
is taken to have 30 days and a year to have 360 days. 2. The surcharges relating to developments on the
3. The amounts of interest for the loan components are capital markets and the costs of capital
then added up. 3. Individual risk surcharges
4. The first time that you are required to pay interest, 4. Ongoing costs
the interest is calculated over the actual number of 5. Profit.
days from the date that you sign the mortgage deed
at the civil-law notary until the end of the first month. These elements are all variable. This means that they
If you wish to take out extra money by adding a new may change each month independently of each other.
loan component to an existing mortgage, the interest It can also happen that several elements change
for the new loan component is calculated from the simultaneously. For more information about these
date on which you can use the amount of that loan elements, please visit abnamro.nl
component until the end of the first month. 3. The bank sets the variable interest rate. The elements
of this interest rate are variable and do not always
5.5 What interest rate type do I have? follow other interest rates in the mortgage market (or
Your interest can be fixed or variable. This is known wider market), the interest rates used by other lenders
as the interest rate type. You select the interest rate or other interest rates you have agreed with us, for
type when you take out your mortgage. Your loan offer example in connection with other products. This means
specifies the interest rate type you have chosen and that when the variable interest rate on another type of loan
the loan component to which that interest rate type or a reference rate (such as Euribor) falls, your interest
applies. The bank may always alter the conditions of the rate might stay the same or might even rise. When the bank
interest rate types. Such an alteration applies to you at changes the variable interest rate, this new interest
the next interest rate refixing of a loan component. You rate applies from the first day of the following month.
can also assess at that time whether you want to accept 4. If one or more elements of the variable interest
the offered interest rate and interest rate type. Certain rate change, this may form a reason for the bank to
products do not permit you to select the interest rate decide to change the variable interest rate. The bank
type. will only change the variable interest rate if there are
valid reasons for this. Examples of valid reasons for
Different rules apply for the Home Equity Mortgage changing the variable interest rate include changes in:
(Overwaarde Hypotheek). If you have a Home Equity ▶ the money and capital market that result in
Mortgage, please read Chapter 27. changes to the costs incurred by the bank. This
can, for example, happen as a result of changes in
legislation and regulations.
Please note ▶ the costs incurred by the bank for the risk profile of
Your loan may consist of two or more components. Each of the certain mortgages (individual risk surcharges).
different loan components can have a different mortgage type, ▶ the ongoing costs incurred by the bank for the
interest rate type and/or fixed-rate period. Each loan component administration and management of your mortgage.
may therefore have its own interest rate type. ▶ the profit the bank makes.
Page 6 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
Early repayment or converting your variable interest 5.7 What is fixed interest?
rate to a fixed interest rate is possible if, for example, 1. A fixed interest rate is a rate that does not generally
you no longer feel comfortable with your monthly change during an agreed fixed-rate period. Please also
amount – or the lack of certainty regarding your read article 5.8: ‘What is a fixed-rate period?’.
monthly amount – following a change in your variable 2. The fixed interest rate may change during the fixed-
interest rate. Please visit abnamro.nl for more rate period. This may for instance happen when:
information or discuss the possibilities with your ▶ you change the mortgage type of a loan
adviser. component (please also read Chapter 9 ‘Changing
a fixed-rate loan component during the fixed-rate
It is therefore important that you follow trends in period’), or
interest rates. You can do this on abnamro.nl. You will ▶ the relationship between the value of your home
then be able to determine whether repayment or and the loan changes, and as a result, your loan
conversion is right for you. If necessary, seek advice comes in a different tariff class.
from an adviser. Please also read article 6.3 ‘What changes affect the
6. If the variable interest rate rises, this can have negative fixed interest rate of my loan?’.
consequences on your financial position. The possible 3. You can find the fixed-rate periods we are offering at
risks include the following: abnamro.nl/hypotheken
▶ Your monthly amount rises while your income does
not increase, or does not increase sufficiently to Different rules apply for the Home Equity Mortgage
cover the rise in your monthly amount. You might (Overwaarde Hypotheek). If you have a Home Equity
have problems making payments as a result. Mortgage, please read Chapter 27. Different rules also
▶ If you fail to pay your monthly amount, the bank apply for the Sustainable Mortgage (Duurzaam Wonen
may demand repayment of the loan and could Hypotheek) and the Payment Holiday Mortgage (Tijdelijke
possibly sell your home. Betaalstop Hypotheek). If you have a Sustainable
▶ It is also possible that your failure to pay will be Mortgage, please read Chapter 28. If you have a Payment
registered by the Dutch National Credit Register Holiday Mortgage, please read Chapter 29.
(Bureau Krediet Registratie, or BKR). This may have
consequence for you if, for example, you take out 5.8 What is a fixed-rate period?
new loans in the future. 1. A fixed-rate period is a period in which your interest rate
generally (see below at 2) remains unchanged. The length
It is important that you know the risks and that you assess of this period is something you agree with the bank.
whether you are able and willing to run the risks before The fixed-rate period agreed with the bank is specified
you choose between a variable or fixed interest rate. It is in your loan offer.
also vital that you keep an eye on changes in your variable 2. Please read article 5.7, point 2, for possible circumstances
interest rate and what this means for your monthly in which the fixed interest rate does change during the
amount. Please contact us if you expect to have problems fixed-rate period.
making payments.
Page 7 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
An example Please also read article
Your mortgage with a 10-year fixed-rate period runs from 12 February 1.3 for an explanation of the term mortgage type
2020. Your fixed-rate period starts on 1 February 2020 and ends on 1.4 for an explanation of the term loan component
31 January 2030. The new fixed-rate period starts on 1 February 2030. 5.3 for an explanation of the term tariff class
5.5 for an explanation of the term interest rate type
5.8 for an explanation of the term fixed-rate period
8.5 for an explanation about changing your conditions
Please note 9.3 for an explanation about changing your conditions
When your fixed-rate period is about to end, the bank sends you an offer
containing several new fixed-interest periods and the related interest
rates. If the remaining term of your loan component is shorter than the
fixed-interest periods offered by the bank at that time, once your fixed- Before signing the mortgage deed
rate period has ended you will pay the interest rate associated with a
fixed-rate period of one year for the remainder of the term. 6.1 Can my interest rate change before I sign the
mortgage deed?
Please read this first The interest rate you must pay may therefore be lower
Articles 6.3.4-6.5 do not apply to loan components with a National or higher than the interest rate stated in your loan
Mortgage Guarantee as regards different tariff classes. If you have offer. After you have signed the mortgage deed in
a mortgage with such a guarantee, please read articles 6.1, 6.2, the presence of your civil-law notary, you will receive
6.3.1-6.3.3, 6.6 and 6.7. confirmation of:
▶ the interest rate, and
Different rules apply for the Home Equity Mortgage (Overwaarde ▶ the amount of interest you have to pay for the first
Hypotheek). If you have a Home Equity Mortgage, please read month. The bank will notify you of all subsequent
Chapter 27. Different rules also apply for the Sustainable Mortgage changes in the variable interest rate.
(Duurzaam Wonen Hypotheek) and the Payment Holiday Mortgage For more information about the variable interest, read
(Tijdelijke Betaalstop Hypotheek). If you have a Sustainable also article 5.6.
Mortgage, please read Chapter 28. If you have a Payment Holiday 2. In the case of fixed interest
Mortgage, please read Chapter 29. The level of the fixed interest rate is stated in your loan
offer. This interest rate applies to the first fixed-rate
period only. The interest rate that you must pay for a
loan component may be lower than the interest rate
Important terms stated in your loan offer. This is only the case if, on the
The value of your home is important in determining the rate of day that you sign the mortgage deed at the office of
interest you pay. In certain situations, the interest rate you pay is the civil-law notary, the interest rate for a new entirely
compared with the interest rate for new identical loan components. identical loan component is lower than the interest
An identical loan component is a loan component that has the same: rate in your loan offer. In this case, you pay this lower
interest rate type, interest rate for this loan component during the first
fixed-rate period, fixed-rate period. The interest rate for the first fixed-
tariff class, and rate period cannot be higher than the interest rate
mortgage type stated in your loan offer. After signing the mortgage
as the loan component that you have. deed at the office of the civil-law notary, a letter is sent
The comparison is then made between the interest which you now to your home address, confirming:
pay and the interest which you would have to pay if you were to take ▶ the level of the interest rate; and
out your present loan component at the time of the change. If the ▶ the amount of interest that you are required to pay.
bank no longer offers your mortgage type, fixed-rate period, tariff
class or interest rate type, it will apply the interest rate of a loan Different rules apply for the Home Equity Mortgage
component that most closely resembles your present loan component. (Overwaarde Hypotheek). If you have a Home Equity
Mortgage, please read Chapter 27. Different rules also
Page 8 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
apply for the Sustainable Mortgage (Duurzaam Wonen a loan component may be lower than the interest rate in this
Hypotheek) and the Payment Holiday Mortgage (Tijdelijke offer. This is only the case if, on the day that your old
Betaalstop Hypotheek). If you have a Sustainable fixed-rate period expires, the interest rate for a new
Mortgage, please read Chapter 28. entirely identicalloan component is lower than the interest
If you have a Payment Holiday Mortgage, please read rate in your offer. If the interest rate has fallen, you will
Chapter 29. Different rules apply if you make use of receive confirmation of this. The interest rate for the fixed-rate
the portable mortage scheme. Please read Chapter 15 period cannot be higher than the interest rate stated in your
‘Portability’. offer. Please also read Chapter 7: ‘End of fixed-rate period’.
Page 9 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
may happen during the fixed-rate period. In that case, the relationship between the loan and the value of
you will pay the interest rate that applied to that other your home may change, and consequently the tariff
tariff class at the time your current fixed interest rate class for your entire loan may change. If the increase
was set for your loan or loan components. If you make results in your loan being classified in a higher tariff,
use of the portable mortgage scheme, different rules a higher interest rate might apply to the entire loan.
apply. See Chapter 15 ‘Portability’.
Page 10 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
to (extra) repayments or due to an increase of your loan.
You would then have had to pay the higher interest rate that applies to Read also article 6.4 ‘What should I do if I wish to change
loans over 90% of the value of the home. In this example, that is 4.41%. the interest rate?’.
From May 2023, you must therefore pay 4.41% for your loan of €
160,000. For the new loan component (€ 35,000), you pay the interest 6.4 What should I do if I wish to change the interest rate?
rate that is applicable at that time to new identical loan components in 1. You submit a request to the bank to assess whether
the case of loans above 85% of the value of the home. the interest rate can be changed. You can do this no
earlier than one month after signing the mortgage
deed with the civil-law notary.
2. You must produce evidence of the current value
c. The value of your home has risen of your home. The bank determines how you can
If the value of your home has risen, your loan may demonstrate the current value. The provided evidence
be classified in a different tariff class, you can ask must fulfil the requirements set by the bank at the
the bank to review the interest rate you must pay. time in question. These are shown on our website
You must then produce evidence that the relationship at abnamro.nl You can also request your adviser to
between your loan and the market value of your home provide you with the requirements.
has changed. If the value of your home has increased, 3. After the bank has received and approved the required
but your loan is not classified in a different tariff class, evidence, it will send you a notice specifying the new
your interest rate will not change. Please also read interest rate. The notice will also state the date from
article 6.4: ‘What should I do if I wish to change the which this interest rate will apply. You will pay the
interest rate?’. interest rate that would have applied for this tariff class
at the moment your interest rate was determined for your
current fixed-rate period. The new interest rate applies
An example only to future monthly amounts. You will receive notification
In 2017, you borrow € 200,000, and the value of your home is € 200,000 from us even if the interest rate is not changed.
at that time. You therefore borrow 100% of the value of your home. You
accordingly pay the interest rate that applies to loans in the tariff class
of over 85% of the value of the home. In 2020, a recent valuation report Different rules apply for the Home Equity Mortgage
shows that the value of your home has risen to € 270,000. It follows that (Overwaarde Hypotheek). If you have a Home Equity
your loan (€ 200,000) is now less than 85% of the value of your home. Mortgage, please read Chapter 27. Different rules also
This means that you now come in a lower tariff class, namely between apply for the Sustainable Mortgage (Duurzaam Wonen
65% and 85% of the value of the home. You can therefore request the Hypotheek), the Payment Holiday Mortgage (Tijdelijke
bank for a reduction of the interest rate. The new interest rate only Betaalstop Hypotheek) and the Mortgage for rental
enters into force from the time you request this. The lower interest rate property (Hypotheek voor verhuur). If you have a Sustainable
does not have retroactive effect. Mortgage, please read Chapter 28. If you have a Payment
Holiday Mortgage, please read Chapter 29. If you have a
Mortgage for rental property, please read Chapter 30.
ABN AMRO is not under an obligation to amend your 6.5 What are the requirements for the valuation report?
interest rate The valuation report must fulfil the requirements set by
A tariff class has an interest rate that is higher than, lower the bank at the time in question. These are shown on our
than or equal to the interest rate of another tariff class. In website at abnamro.nl You can also request your adviser
addition, the bank has the right to restrict the ability to lower to provide you with the requirements for the valuation
your interest rate(s) due to an increase in the home value. report. You must personally bear the costs of the valuation
The bank may do this in any event if the rules applying for the and the preparation of the valuation report.
bank change in a way that means the bank is no longer able
to (fully) include the value of the collateral in calculating the 6.6 May I change my interest rate if I have a loan
capital buffers that it needs to hold. If the bank exercises component with an interest rate refixing period?
this right, it will inform you of this at least two months in Yes. If you have a loan component with an interest rate
advance. After these two months, you may no longer have refixing period, this means that you can change the interest
your interest rate(s) adjusted by reporting a higher home value. rate before the fixed-rate period ends. How you should do
In that situation, your interest rate(s) can still be adjusted, for this is explained in article 7.3 ‘May I modify the expiry date of
example if your loan is assigned to a different tariff class due the fixed-rate period (during an interest rate refixing period)?’.
Page 11 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
6.7 I have a mortgage with a National Mortgage longer offers this fixed-rate period, we will seek the
Guarantee. May I change the interest rate? most appropriate offered fixed-rate period.
Yes, but it is not possible for loan components with a 3. The notice you receive from the bank explains what
National Mortgage Guarantee (NHG) to be classified in a you must do if you want to change your fixed-rate
different tariff class. Articles 6.3.4 to 6.5 do not apply to period and when your bank must receive your
loan components with an NHG as regards different tariff response. If you do not reply in time, you will be
classes. Please refer to article 6.3.2 for an explanation of given the same fixed-rate period that you currently
the interest rate that you must pay if the NHG lapses. have, together with the relevant interest rate. This
interest rate is shown in the offer you received from
7. End of fixed-rate period the bank before the end of your current fixed-rate
period. If the bank no longer offers this fixed-rate
period it will offer you its next shortest fixed-rate
Please read this first period, taking into account the remaining term (end
The fixed-rate period is the period in which your interest rate date) of the relevant loan component.
generally does not change. The interest is therefore fixed during Please also read article 8: ‘Changing a loan
this period. Your interest may change during the fixed-rate period if, component at the end of a fixed-rate period’.
for example, the value of your home changes and your loan is
therefore classified in a different tariff class. More information on
the changes that affect the fixed interest rate of your loan can be Please note
found in article 6.3. Your mortgage may consist of one or more loan components.
Each loan component has its own characteristics and hence its own
Different rules apply for the Home Equity Mortgage (Overwaarde Hypo- mortgage type, interest rate type, term and/or fixed-rate period.
theek). If you have a Home Equity Mortgage, please read Chapter 27. Each loan component can therefore have a different date on which
Different rules also apply for the Sustainable Mortgage (Duurzaam Wonen the fixed-rate period ends.
Hypotheek) and the Payment Holiday Mortgage (Tijdelijke Betaalstop
Hypotheek). If you have a Sustainable Mortgage, please read Chapter 28.
If you have a Payment Holiday Mortgage, please read Chapter 29.
7.3 May I modify the expiry date of the fixed-rate period
(during an interest rate refixing period)?
7.1 For how long has my interest rate been fixed? In the case of a fixed-rate period of two years
The interest rate is generally fixed during the fixed-rate 1. You may switch to a different fixed-rate period after the
period. How long this period lasts is a matter for you to start of your interest rate refixing period. This means
agree with the bank. The fixed-rate period agreed with the that the end date of your current fixed-rate period will
bank is specified in your loan offer or in the confirmation change. This new fixed-rate period then starts on the
you receive from the bank. The fixed-rate period starts first of the following month.
on the first day of the month. Please also read article 2. If you switch to a fixed-rate period of more than two
5.9 ‘When does the fixed-rate period start?’. The fixed years, the conditions that apply for you will not change.
interest rate may nevertheless change in certain cases, You will not pay costs or a compensation for switching.
which are set out in article 6.3 ‘What changes affect the 3. If you switch to a fixed-rate period of two years or
fixed interest rate of my loan?’. Please also read article 5.7 less or to a variable interest rate, the same conditions
‘What is fixed interest?’. will then apply for that loan component as would apply
if you were to take out a new loan component at that
7.2 What happens when my fixed-rate period ends? time. You must pay the associated costs. You may also
1. The bank will send you a notice containing an offer for be required to pay a compensation. For more information,
a new fixed-rate period, including the relevant interest please read Chapter 14: ‘Repayment (redemption)’.
rates, before the end of your current fixed-rate period. 4. You may only choose fixed-rate periods which the bank
The bank always observes the statutory period for offers at the time that you wish to make the switch.
sending such a notice.
2. You do not need to do anything if you want the same In the case of a fixed-rate period of longer than two years
fixed-rate period (or most appropriate offered fixed- 1. You may switch to a different fixed-rate period during
rate period taking account of the remaining term (end the last two years of these fixed-rate periods. This
date) of the relevant loan component. If the bank no means that the expiry date of your current fixed-rate
Page 12 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
period changes. This new fixed-rate period then starts
on the first of the following month. You may choose Please also read article
the same fixed-rate period, a different fixed-rate 1.3 for an explanation of the term mortgage type
period or a variable interest rate. You need not pay 1.4 for an explanation of the term loan component
any costs or compensation for this switch. 5.3 for an explanation of the term tariff class
2. The conditions that apply for you will not change. 5.5 for an explanation of the term interest rate type
3. You may only choose fixed-rate periods which the bank 5.8 for an explanation of the term fixed-rate period
offers at the time that you wish to make the switch.
Page 13 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
4. Do you want to change your interest rate type? The 8.4 Are there requirements that I must fulfil if I wish to
letter containing the bank’s offer indicates whether you change my loan?
may change your fixed interest rate to a variable 1. To change the interest rate type, term, mortgage type or
interest rate. You may change a variable monthly fixed-rate period, you must fulfil the requirements set by
interest rate to a fixed interest rate. the bank for this purpose at the time you wish to make
the change. Your adviser can tell you more about this.
2. At the end of the fixed-rate period, you may change your
An example fixed-rate into a variable rate. Please note that variable
Your fixed-rate period of five years expires on 1 May. On 1 March, you interest may not be possible with your mortgage type.
receive an offer for various fixed-rate periods, including a fixed-rate You should consult your adviser before changing your
period of five years at an interest rate of 3.5%. The notice states that interest rate type.
you must reply before 16 April. You would like a longer fixed-rate period 3. At the end of the fixed-rate period, you may only choose
and indicate this on the reply form. You return the signed form on 19 a fixed-rate period that the bank has for your mortgage
April. This is too late. The bank should have received your signed type at that time. If you wish to change your fixed-rate
form by 16 April. As a result, you are given a new fixed-rate period of period, you must fulfil the requirements that apply to
five years. This was the fixed-rate period which you already had. that period. Your adviser can tell you more about this.
4. You may change your mortgage type only if the bank
permits this.
5. If you are considering increasing your loan please read
Please note Chapter 16: ‘Increasing your loan’.
Changing your loan may have various financial consequences. Please
consult your adviser before asking the bank to change your loan. 8.5 What conditions apply if I change my loan component
on the day that my fixed-rate period ends?
1. If you only change the fixed-rate period or interest rate
type of a loan component, the conditions that apply
8.3 What should I do if I wish to change the mortgage type? to that loan component do not change. Your present
1. If you wish to change your mortgage type you must ask the conditions continue to apply. This might not be the
bank. Such a request must have been received by the case if you change a loan component with an interest
bank no later than two (2) weeks before the end of the rate refixing period. Please read article 9.5 ‘What can
fixed-rate period. I do with an existing fixed-rate loan component during
2. After your request to change the mortgage type is the interest rate refixing period?’.
received the bank examines whether it can accept 2. If you change the mortgage type or extend the
your request. There are conditions that you must fulfil term, the conditions that apply to the modified loan
in order to change your loan component. On this subject, component do change. You will receive the conditions
please read article 8.4: ‘Are there requirements that I that would apply if you were to take out your loan
must fulfil if I wish to change my loan?’ The bank may component anew at that time. These conditions apply
always refuse your request for a change of mortgage only to the loan component that you have changed.
type. If the bank allows conversion, you will receive a Your adviser can tell you more about this.
loan offer showing the new mortgage type. The bank 3. If you reduce the term of a loan component, the
may refuse to provide you with a loan offer. conditions for that loan component do not change. Your
3. If you agree with the loan offer, you must sign and present conditions for that loan component continue
return it within the specified period. Only after the to apply.
bank has received the signed loan offer from you can
the loan be changed. The loan offer indicates the date 8.6 May I also change my mortgage for which a National
on which the loan will be changed. Mortgage Guarantee has been issued?
4. If you have not indicated in time that you agree to the The consent of the Home Ownership Guarantee Fund
bank’s offer, the mortgage type will not change. If you must be obtained in order to modify loan components for
nonetheless still wish to change the mortgage type, the which a National Mortgage Guarantee (NHG) has been
provisions of article 9.1 ‘May I change my loan component issued. If you have a mortgage with an NHG, the Home
during the fixed-rate period as well?’ will apply. Ownership Guarantee Fund must also approve the change
to the characteristics of your loan component.
Page 14 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
8.7 Do I have to pay a compensation or costs for changing
a loan component? Please read this first
1. No. You do not have to pay compensation if you 1.3 for an explanation of the term mortgage type
change your loan component to a different mortgage 1.4 for an explanation of the term loan component
type, term, interest rate type or fixed-rate period on 5.3 for an explanation of the term tariff class
the date that your fixed-rate period ends (the interest 5.5 for an explanation of the term interest rate type
rate refixing date). 5.8 for an explanation of the term fixed-rate period
2. However, you may have to pay costs for changing your
mortgage type or term, for example if you convert
your Interest-Only Mortgage into a Level-Payment
Mortgage. In such cases, the bank will inform you of 9.1 May I change my loan component during the
these costs in advance. fixed-rate period as well?
1. Yes. If you do so, the bank may possibly charge you
8.8 What interest do I owe if my loan component changes a compensation. Please read article 9.2: ‘Do I have to
on the interest rate refixing date? pay a compensation?’.
1. The interest you must pay after you have changed your 2. The bank may charge you costs for changing your
loan component is shown in the loan offer for your mortgage. If it does so, the bank will inform you about
modified loan component. If you have chosen only a this.
different fixed-rate period on the interest rate refixing 3. You can request a change as of one month after signing
date you will receive a confirmation of your choice. the mortgage deed with the civil-law notary.
2. If the interest rate for new entirely identical loan
components is lower than the interest rate in your loan 9.2 Do I have to pay a compensation?
offer on the date that your loan component is changed, You do not need to pay any compensation if you change
you will receive this lower interest rate. the mortgage type or term of a loan component. You
3. If the interest rate is higher than the interest rate in your might, however, have to pay other costs for changing your
loan offer or in the bank’s interest rate refixing offer on the mortgage type or term, for example if you change your
date that your loan component is changed, you pay the Interest-Only Mortgage to a Level-Payment Mortgage.
interest rate in the loan offer or interest rate refixing offer. In such cases, the bank will inform you of these costs in
advance. If you change the interest rate type or fixed-rate
9. Changing a fixed-rate loan component during period of a loan component during the fixed-rate period,
the fixed-rate period the bank may suffer a financial disadvantage. You must
compensate the bank for this. The bank will charge this
This chapter relates only to loan components with a fixed loss in the same way as the compensation for an additional
interest rate. If you have a loan component with a variable partial repayment. Please read Chapter 14: ‘Repayment
rate and wish to change it, please read Chapter 10: (redemption)’. This chapter also explains how the bank
‘Changing a variable-rate loan component’. calculates the compensation. Article 14.8 ‘What should
I do if I wish to repay the loan in full?’ is furthermore not
Different rules apply for the Home Equity Mortgage applicable.
(Overwaarde Hypotheek). If you have a Home Equity
Mortgage, please read Chapter 27. Different rules also 9.3 What conditions apply if I change a characteristic of
apply for the Sustainable Mortgage (Duurzaam Wonen a loan component during the fixed-rate period?
Hypotheek) and the Payment Holiday Mortgage (Tijdelijke If you change one or more characteristics of a loan
Betaalstop Hypotheek). If you have a Sustainable Mortgage, component, you will receive new conditions for that loan
please read Chapter 28. If you have a Payment Holiday component. You will receive the conditions that would
Mortgage, please read Chapter 29. apply if you were to take out a loan component anew
at that time. These conditions apply only to the loan
component that you have changed. This is not the case if
you change only the term of your loan component.
Page 15 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
the civil-law notary. You can change this interest rate into a
Please note fixed rate in My Mortgage or through your adviser.
The characteristics of a loan component are the interest rate
type (variable or fixed rate), the fixed-rate period, the term and 10.2 W
hat are the consequences if I change the
the mortgage type (how you repay your loan). variable-rate loan component?
If one or more characteristics of a loan component are
changed (converted), this constitutes a change to your
existing mortgage. This does not affect the mortgage right
9.4 What interest rate will I pay if I change the interest you have granted to the bank. Your variable interest rate
rate during the fixed-rate period? may also change if, for example, you change the mortgage
The interest rate you have to pay on the loan component type of the loan component.
you amend can be found in My Mortgage or in the offer
you receive. The interest rate will not be adjusted if it is
lower or higher on the date that your loan component Please note
is changed. This means that you must pay the interest Changing your variable interest rate to a fixed interest rate has
rate you saw in My Mortgage of in the offer, even if the consequences for the interest you have to pay and the conditions
interest rate for new identical loan components is lower or governing the interest rate. A change might also have financial
higher on the date that your loan component is changed. and tax consequences. Please consult a financial or tax adviser.
Different rules apply for the Home Equity Mortgage 11.1 What is a bridging loan?
(Overwaarde Hypotheek). If you have a Home Equity You have bought a new home, but have not yet sold your
Mortgage, please read Chapter 27. Different rules also present home, or you have sold your home but completion has
apply for the Sustainable Mortgage (Duurzaam Wonen not yet taken place. In that case, you cannot yet use any equity
Hypotheek) and the Payment Holiday Mortgage (Tijdelijke in your present home towards the cost of your new home.
Betaalstop Hypotheek). If you have a Sustainable Mortgage, You can borrow the amount you expect to receive in equity
please read Chapter 28. If you have a Payment Holiday a by means of a bridging loan. You must repay this loan in full.
Mortgage, please read Chapter 29.
11.2 What is the term of a bridging loan?
10.1 M
ay I change a variable-rate loan component? The bridging loan is for a given term. This is stated in the offer.
You may change your variable-rate loan component into a
fixed-rate loan component. You can do this at the end of each 11.3 W
hat interest rate do I pay for a bridging loan?
month and without having to pay costs. You can do this as of 1. You pay a variable interest rate for a bridging loan. The
one month after signing the mortgage deed at the office of interest rate is stated in the offer.
Page 16 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
2. The bridging loan is not counted in determining the 12. Building fund account
tariff class of your loan.
Please note
The bank does not give tax advice. There are rules for your building
fund account and taxes. You should consult your tax adviser about
the tax consequences of a building fund account or ask for more
information from the Tax and Customs Administration.
Page 17 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
12.2 What should I do if I want a building fund account? 2. The amount that has been deposited in the building
fund account is pledged to the bank. If you sign the
1. New-build loan offer, you consent to this pledge. This means that
The loan offer states what documents the bank needs the bank may use the sum that has been deposited in
from you. You should submit these documents to the building fund account in order to repay the loan or
the bank in good time. Your adviser can tell you more loan component in full or in part. The bank may do this
about the rules governing a building fund account in only if you fail to perform your obligations to the bank.
the case of a new build. 3. You may not pledge to a third party the rights that you
2. Home improvement have already pledged to the bank.
The loan offer states what documents the bank needs
from you. You should submit these documents to
the bank in good time. Your adviser can tell you more Important term
about the rules governing a building fund account in Examples of things you can pledge are insurance policies and
the case of a home improvement. savings accounts. The pledge gives the bank the certainty that
you will repay the money you have borrowed. For example, if you
12.3 When should I make use of a building fund account? fail to pay the interest or to repay your loan, the bank may use
If you wish to improve your existing home or build a new the money under the insurance policy or on the savings account
home, the bank may pay the amount of the loan or loan (the rights you have pledged) to repay the loan.
component intended for the home improvement or new
build into a building fund account. The amount that will
be deposited in the building fund account is stated in the
loan offer. 12.7 W
hen is the money deposited in the building fund
account?
12.4 What is paid from the building fund account? Once you have signed the mortgage deed at the office of
the civil-law notary, the bank deposits the agreed amount
1. New-build in your building fund account. If you do not need to visit
For a new-build home, the invoices for the construction the civil-law notary’s office, the bank will deposit the
and the land are paid to the contractor or supplier amount in the building fund account after the bank has
direct from the building fund account. received the signed loan offer from you, approved it and
2. Home improvement completed the administrative formalities.
If you have to pay the invoices from a supplier or
contractor for the home improvement, these invoices 12.8 W
hat is the starting date of the term of the building
are paid to you from the building fund account. You fund account?
can then transfer the amount you have to pay to the The starting date of the term of the building fund account
supplier or contractor. is the date on which the bank deposits the borrowed sum
(or part of it) in the building fund account.
12.5 M
ay I have a building fund account if I have a loan
with a National Mortgage Guarantee? 12.9 What is the term of the building fund account?
You may have a building fund account even if you have The term begins on the starting date of the term of the
a loan component with a National Mortgage Guarantee building fund account.
(NHG). For the rules imposed by the Homeownership
Guarantee Fund in respect of a building fund account, 1. New-build
please consult the Fund’s website at nhg.nl a. If you are building a new home yourself or having
These rules may differ from the rules set by the bank. one built, the term of the building fund account is
24 months.
12.6 W
hat happens to the amount for the new build or b. The term of the building fund account for building
home improvement? a home can be extended once by 12 months. If
1. The loan component that is intended for the you wish to make use of this extension, you must
construction or improvement of your home is paid by request this from the bank. The bank may refuse
the bank into a building fund account if: your request to extend the building fund account.
a. this is required under the bank’s credit policy at c. You must submit your request via My Mortgage. You
that time, or can also send the request to the bank yourself or through
b. you have opted for this and the bank agrees to this. your adviser. All applicants must sign the request.
Page 18 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
2. Home improvement the end of the term of your building fund account will
a. The term of the building fund account is 18 months. be deducted automatically from your loan by the bank.
b. The term of the building fund account for improving This sum does not count towards the amount that you
an existing home can be extended once by 6 months. may repay (redeem) each year without having to pay
If you wish to make use of this extension, you must a compensation. Please also read Chapter 14:
request this from the bank. The bank may also refuse ‘Repayment (redemption)’.
your request to extend the building fund account. 5. The bank will set off the amount in the building fund
c. You must submit your request via My Mortgage. You account against the various loan components. It does
can also send the request to the bank yourself or through so in a given sequence. This sequence depends on
your adviser. All applicants must sign the request. your mortgage type(s).The bank may always decide to
change this sequence. Ask your adviser for information
12.10 Do I pay interest on the amount in the building fund about the sequence which the bank currently observes.
account? 6. At the end of the term of the building fund account,
1. You pay interest on the whole loan. The building fund the bank checks whether amounts have been paid
account is part of your loan. If part of the amount of from the account.
your loan is deposited in a building fund account, you
therefore pay interest on that amount. 12.12 When and how is the amount paid from the building
2. The bank will calculate the interest that you must pay fund account?
from the interest calculation starting date. Please read
more about this in article 5.2: ‘Over what period do I 1. New build
owe interest and when must I pay it?’. The level of the a. If you build a new home, you reach agreement with
interest you must pay is shown in your loan offer. the builder on what amounts have to be paid for
what work. These are known as the progress
12.11 Do I receive interest on the amount in the building payments. The progress payments are specified in
fund account? the contract of sale and purchase and the
1. You receive interest on the amount in the building fund construction contract. Depending on the progress
account. The interest that you receive is equal to the of the building work, the progress payments that
interest rate that you pay for your loan. If you have several you must make are debited by the bank from the
loan components with different interest rates, the bank building fund account. The bank determines how
will calculate the interest you are entitled to receive on the you pay the progress payments. Please also read
building fund account on the basis of the weighted average article 12.14: ‘What should I do with the invoice for
of the interest rates of the different loan components. the last progress payment?’
The bank determines how you receive this interest. b. Before the bank pays the invoices on your behalf, it
will check the submitted claim. If this check
reveals that:
An example ▶ the invoice is not correct, or
You borrow € 200,000. Your loan consists of two loan components. You ▶ the invoice is not in accordance with the
pay 5% interest on € 150,000 and 4% interest on € 50,000. The weighted construction plan or the construction contract
average of the total amount of € 200,000 is therefore 4.75%. You thus the bank will not pay the invoice. The bank will
receive 4.75% interest on the balance of the building fund account. inform you if it does not pay the invoice.
c. Make copies of any invoices you send by post. You
may keep the originals.
2. You receive interest only on the amount in the building 2. Home improvement
fund account. a. If you are making improvements to your existing
3. a. New-build home, you can pay the invoices in one of two
After 30 months, you will no longer receive interest ways. You can read how to do this in My Mortgage.
on the amount held in your building fund account b. Before the bank pays the invoice amounts to you, it will
for the construction of a home. check the submitted claim. If this check reveals that:
b. Home improvement ▶ the invoice is not correct, or
After 18 months, you will no longer receive interest ▶ the invoice is not in accordance with the
on the amount held in your building fund account construction plan or the construction contract,
for the improvement of an existing home. the bank will not pay the invoice. The bank will
4. The amount remaining in the building fund account at notify you of this.
Page 19 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
c. The invoice amounts will be paid to you, you then inform the bank as quickly as possible. You should
pay the supplier or contractor. then arrange for the invoice (or the remainder of
d. Make copies of any invoices you send by post. You the invoice) to be paid in some other manner.
may keep the originals.
3. If you have agreed with the bank that you will pay for 12.15 What happens to my building fund account if the
part of the construction or improvement of your home balance is less than € 7,500 during the term?
yourself from your own funds, you must use your own
funds first. You may use the building fund account once 1. New-build
you have paid the agreed amount. a. You have a loan without a National Mortgage
Guarantee:
12.13 Does the bank also pay invoices for extra work? Has your home been completed and is the balance
on the building fund account € 7,500 or less? If so,
1. New-build the bank will deposit this amount into the bank
The bank will only pay on your behalf costs that have account from which your monthly payment is or
been included in your mortgage loan offer. If extra work will be debited. The bank will also close your building
has been performed which was not included in the fund account.
loan offer, the bank will not pay the relevant invoices. b. You have a loan with a National Mortgage Guarantee:
However, if the work agreed under the contract of Please read article 12.16: ‘What happens if there
sale and purchase / construction contract has been are still funds in the building fund account after the
completed and there are still funds in the building expiry of the term (a surplus)?’.
fund account, the invoices for the extra work will be 2. Home improvement
paid from this account on your behalf. These invoices a. You have a loan without a National Mortgage
must be for work that increases the value of your home. Guarantee:
2. Home improvement Is the credit balance on the building fund account
You have supplied the bank with a home improvement € 7,500 or less? If so, the bank will deposit this
plan. If the bank has assessed and accepted this plan, amount into the bank account from which your
it will pay on your behalf the invoices for the work monthly payment is debited. The bank will also
specified in the plan. Invoices for extra work (work not close your building fund account.
included in the home improvement plan) will not be paid. b. You have a loan with a National Mortgage
However, if the work under the home improvement plan Guarantee:
has been done and there are still funds in the building Please read article 12.16: ‘What happens if there
fund account, the invoices for the extra work will be are still funds in the building fund account after the
paid from this account on your behalf. These invoices expiry of the term (a surplus)?’.
must be for work that increases the value of your home.
12.14 What should I do with the invoice for the last Please note
progress payment? If the bank transfers a sum from the building fund account to your
bank account, this may have tax consequences. You should consult
1. New-build your adviser about this.
a. You must send the invoice for the last progress
payment to the bank as quickly as possible.
b. A situation may arise in which the credit balance
of the building fund account is not sufficient to Different rules apply for the Sustainable Mortgage
pay this last invoice. If that is the case, you should (Duurzaam Wonen Hypotheek) and the Payment Holiday
inform the bank as quickly as possible. You should Mortgage (Tijdelijke Betaalstop Hypotheek). If you have a
then arrange for the invoice (or the remainder of Sustainable Mortgage, please read Chapter 28. If you have
the invoice) to be paid in some other manner. a Payment Holiday Mortgage, please read Chapter 29.
2. Home improvement
a. You must send the last invoice to the bank as quickly 12.16 W
hat happens if there are still funds in the building
as possible. fund account after the expiry of the term (a surplus)?’
b. A situation may arise in which the credit balance
of the building fund account is not sufficient to 1. You have a loan without a National Mortgage
pay this last invoice. If that is the case, you should Guarantee:
Page 20 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
a. If there are still funds in the building fund account 3. The interest which you must pay on your loan and which
after the expiry of the term of the account, the is also therefore the interest payable on the amount in
bank will deduct the amount from your loan. This your building fund account is specified in your loan offer.
amount does not count towards the amount that
you may repay (redeem) each year without having 12.19 How do I know how much is in my building fund
to pay a compensation. Please read chapter 14: account?
‘Repayment (redemption)’. You can view the information on your building fund account
b. The bank will use the balance in the building fund in My Mortgage. You will also receive a monthly ‘Building
account to make repayments on the various loan Fund Account Statement’ during the construction period.
components. It does so in a given sequence. This This shows the balance on your building fund account,
sequence depends on the type(s) of mortgage you the interest you have received and what amounts have
have and the interest rate. The bank may always been paid from the account.
decide to change this sequence. Ask your adviser
for information about the sequence which the bank 12.20 May my building fund account be overdrawn?
currently observes. No, your building fund account may not be overdrawn.
2. You have a loan with a National Mortgage Guarantee:
a. If there are still funds in the building fund account 12.21 Final inspection following home improvement
after the expiry of the term of the account, the bank Following the home improvement, the bank may carry
will deduct the amount from your loan. It makes no out a final inspection. More detailed information is
difference how large the amount is. This amount does not provided in your loan offer.
count towards the amount that you may repay (redeem)
each year without having to pay a compensation. 13. Monthly payment
Please read chapter 14: ‘Repayment (redemption)’.
b. The bank will use the balance in the building fund
account to make repayments on the various loan Please read this first
components. It does so in a given sequence. This Article 2 ‘Loan and payments’ of the General Mortgage Conditions
sequence depends on the type(s) of mortgage you contains more conditions concerning the monthly and other interest
have and the interest rate. The bank may always payments and repayment(s). Please also read this article.
decide to change this sequence. Ask your adviser
for information about the sequence which the bank
currently observes.
13.1 What does my monthly payment consist of?
Different rules apply for the Sustainable Mortgage 1. Each month you must pay a monthly amount to the
(Duurzaam Wonen Hypotheek). If you have a Sustainable bank. Your monthly payment always includes interest.
Mortgage, please read Chapter 28. For the purposes of calculating the interest, a month is
deemed to have 30 days and a year 360 days.
12.17 May I close the building fund account early? 2. Part of your monthly amount may also be earmarked
1. You must ask the bank if you wish to close the building for the repayment of the loan (redemption) or for
fund account early. You can do this in My Mortgage saving or investing a particular amount (target capital).
or you can send your request to the bank yourself or This is also known as capital accumulation. Your loan
through your adviser. offer gives a breakdown of your monthly amount.
2. Before closing your building fund account, the bank
will pay on your behalf all invoices submitted by you.
Please also read article 12.16: ‘What happens if there Please note
are still funds in the building fund account after the Your mortgage may consist of two or more components. The monthly
expiry of the term (a surplus)?’. amounts that you pay for these loan components may differ.
Page 21 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
loan. If the bank or ABN AMRO Hypotheken Groep B.V. is you may have to pay more each month.The bank is not
not the party providing the insurance or account, you do responsible or liable for this.
not pay these amounts to the bank. You should then pay 4. If the bank has to sell your home, the proceeds of the
these amounts to the other bank concerned or to your sale are used to repay the loan, interest and any costs.
insurer, as the case may be. If the bank does provide the If the proceeds are insufficient to repay the loan in full,
insurance or account, you should pay these amounts to a debt remains. You must then repay the debt to the
the bank. These amounts are then specified in your loan bank in some other way.
offer with the total monthly amount. Whether the bank is 5. The bank is never liable for the sale of your home and
the provider is stated in your loan offer. the possible loss that you may incur in such sale if you
do not fulfil your obligations.
13.3 How do I pay the bank?
By signing a direct debit authorisation with the loan offer, 13.5 What happens if I do not pay the premium for my
you authorise the bank to debit the monthly amount insurance or the amount for my bank savings account
automatically from your bank account. As long as the loan or investment account?
has not been repaid in full, you are obliged to pay the 1. You accumulate capital in your insurance or on an account.
monthly amount to the bank. At the end of the term, you use this capital to repay
your loan. If you do not pay the premium, the insurance
Different rules apply for the Home Equity Mortgage or account may lapse. In such a situation, please contact
(Overwaarde Hypotheek). If you have a Home Equity the bank as soon as possible, as the final amount may
Mortgage, please read Chapter 27. not be sufficient to repay your loan. In that case, the
bank may call your loan. This means that the bank may
13.4 What happens if I do not make my monthly payment sell your home. This is referred to as the foreclosure
or do not do so in time? sale or forced sale of your home. For more information,
1. If you do not make your monthly payment or do not so please read the General Mortgage Conditions.
in time, the bank can charge you costs every month. 2. Before the bank sells your home, it examines whether
You must therefore contact the bank as soon as there are other ways in which you can fulfil your
possible if you expect you will not be able to make the obligations. For example, the bank may change your
monthly payment on time. If it charges costs, the bank mortgage (or part of your mortgage) to a different
will observe the statutory rules. The bank will base type. Before doing so, the bank examines whether it
these costs on the unpaid amount until you have paid can and may offer you the different mortgage type. It
this to the bank. The bank may charge these costs to determines this by reference, for example, to its credit
you immediately. A warning is not necessary for this policy. Please also read article 18.4 ‘What happens if
purpose. For the purpose of calculating these costs I do not, or no longer, comply with the agreements
a month that has already started is treated as a full relating to my endowment insurance, bank savings
month. account, investment account or other account or
2. If you do not make your monthly payment or do not do insurance?’.
so in time, the bank may also demand repayment 3. If the bank must change the mortgage type or any
of the loan. This may result in the bank having to sell other characteristic of your loan component (see 2), it
your home. On this subject, please read the General is possible that you may have to pay a compensation.
Mortgage Conditions. Before the bank sells your So please also read chapters 8, 9, 10 and 14. You must
home, it examines whether there are other ways in also pay the costs associated with changing your
which you can fulfil your obligations. For example, mortgage. It is possible that, as a result of the change,
the bank may change your mortgage (or part of your you have to pay more each month. The bank is not
mortgage) to a different type. Before doing so, the responsible or liable for this.
bank examines whether it can and may offer you the 4. If the bank has to sell your home, the proceeds of the
different mortgage type. It determines this by reference, sale are used to repay the loan (or part of it). If the
for example, to its credit policy. proceeds of sale are insufficient to repay the loan in
3. If the bank has to change the mortgage type or some full, this leaves a residual debt. You must then repay
other characteristic of your loan component (see at 1) this debt to the bank in some other way.
you may possibly have to pay a compensation and 5. If you fail to meet your obligations, the bank is never
costs.You should therefore read chapters 8, 9, 10 liable for selling your home or for any loss you may
and 14. You must also pay the costs of changing your incur as a result.
mortgage. It is possible that as a result of the change
Page 22 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
13.6 How should I give notice of a change in my bank 14.3 What amount of my loan can I repay without being
account number? charged a compensation?
You should give written notice as quickly as possible of any Each calendar year, you can repay 10% of the original
change in your bank account number. You can do this in amount of your loan component. You need not pay any
My Mortgage or by sending your new details to the bank compensation on that amount. The original amount of
yourself or through your adviser. your loan component is shown in your offer. If you have
not made any repayments or extra repayments to the
14. Repayment (redemption) bank in a calendar year, you are not entitled to carry over
this amount and repay 20% in a subsequent year without
having to pay a compensation.
Please note
Repaying the loan is the same as redeeming the loan. Partial
redemption is the same as repayment of part of the loan. Partial Please note
or full redemption may have tax consequences. You should The 10% that you can repay each calendar year without being
consult your tax adviser about this or ask for more information charged a compensation is calculated based on the (original)
from the Tax and Customs Administration. amount of a loan component and not on the entire loan. The
original amount of your loan component is shown in your offer.
If you repay your loan in full, it is equal to the interest rate stated in the
repayment invoice. More information about the comparison interest
Please note rate and whether it may still change, can be found in the repayment
You specify personally for what loan component you are making invoice. For an additional partial repayment it is equal to the interest
an extra repayment. If you do not do so, the bank will determine rate stated in the bank’s offer. More about the comparison interest
this for you. rate and whether it may still change can be found in the offer.
Page 23 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
If rebates or surcharges have been factored into the interest rate If an interest rate refixing period has been agreed in the case of a
you pay, the bank will calculate the compensation using the fixed-rate period of more than two years, the interest rate refixing
interest rate inclusive of these rebates and surcharges. The period is not counted towards the residual fixed-rate period for the
comparison interest rate is also the rate inclusive of these purpose of calculating a compensation for early redemption. The
rebates and surcharges. In the comparison interest rate the same applies to calculation of the comparison interest rate. If, for
present amount of the rebates and surcharges is applicable. The example, you have concluded a fixed-rate period of 12 years, the
rebates factored into the comparison interest rate are only group last two of which are an interest rate refixing period, and you wish
rebates, not individual rebates. A group rebate is a rebate to redeem early, i.e. after eight years, the residual fixed-rate period
available to clients who have a mortgage at the bank, if they fulfil for the purpose of determining the compensation for early repayment
certain conditions. When you have to pay a compensation, the is two years. We base the comparison interest rate on two years.
interest rate is always lower than the interest rate you now pay.
The smaller the difference with your current interest rate, the
lower will be the compensation you have to pay.
Page 24 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
14.5 W
hen can I repay my loan (or part of it) without being 7. Partial cancellation
charged a compensation? You need not pay any compensation if you use the full
proceeds from the sale of part of your collateral (e.g.
1. Variable interest rate the garage) or land for the repayment of your mortgage.
You can always repay all or part of variable-interest In this case, you must cancel the registration of the
rate loan components without limit and without repaid part of the mortgage at the Land Registry.
having to pay a compensation or costs. It does not We call this partial cancellation.
matter what your interest rate is or what the current 8. Sale of your home (the collateral)
daily interest rate is. You may do this if, for example, You do not owe any compensation if you repay your
you think your monthly amount has become too high loan in full because you have sold your home (the
following a change in the variable interest rate. collateral). However, you must fulfil the following
2. Date of interest rate refixing conditions in such a case:
The interest rate refixing date is the date on which ▶ you have been to the civil-law notary’s office to
the fixed-rate period of a loan component ends. If you complete the sale of your home and everything
repay all or part of your loan component on the interest that belongs with it to another party, and the notary
rate refixing date, you need not pay any compensation. has prepared a notarial deed of transfer;
3. Reaching loan component target capital ▶ you do not sell your home to your spouse or any
If the accrued capital of your accrual product (e.g. other person with whom you have jointly taken out
savings, bank savings, life insurance or investment the loan;
account) is equal to the amount of your loan ▶ you do not let your home;
component, you may repay that loan component in ▶ you no longer live in your home;
full without having to pay a compensation. ▶ you have not sold your home to a business or
4. Repayment using accrued capital partnership in which you yourself (also) participate.
If you use the accrued capital of your accrual product 9. Foreclosure sale
(e.g. savings, bank savings, life insurance or investment You do not owe a compensation if you repay your
account) to repay all or part of the loan, and the bank loan after the foreclosure sale of your home. This
will receive the accrued capital directly from the does not apply if the sale is a consequence of an act
insurer or asset manager or from your bank savings or omission for which you are liable.
account, you are not charged a compensation on this 10. The end of the term of your mortgage
part of the repayment. You do not owe a compensation if you repay your loan
or loan component at the end of the term.
11. If your home is no longer habitable
Please note You do not owe a compensation if you repay your
A payment using accrued capital can have tax consequences. loan in full within 12 months of your home becoming
Please always seek expert advice about this from a tax adviser or irreparably damaged. This means that your home is
ask for more information from the Tax and Customs Administration. no longer fit for human habitation (e.g. as a result of
fire). Whether this is the case is a matter for the bank
to decide.
12. Residual Debt Loan
5. The fixed interest rate is lower than the interest You will not incur a compensation if you repay a
rate for a new identical loan component Residual Debt Loan from your own funds, in other
If the fixed interest rate you pay for a loan component words not from borrowed funds. The bank will
is lower than the fixed interest rate for a new identical determine whether the funds qualify as your own funds
loan component, you need not pay any compensation and whether the loan component you would like to
for the repayment of the loan or part of the loan. repay in full or partially qualifies as a Residual Debt
6. Death Loan.
Your heirs do not owe any compensation if the loan is 13. Higher sales proceeds
repaid partly or in full within 12 months of your death. In certain cases the expected proceeds of the sale of
Your heirs can also change the fixed-rate period once your previous home was taken into account when your
within this period of 12 months without being charged mortgage offer was applied for. If the proceeds turn
a compensation. This also applies if any other owners out to be higher than the amount that was taken into
of your home die. account, you can use the surplus proceeds to make
an additional repayment on your mortgage without
Page 25 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
being charged a compensation. This repayment does of the comparison interest rate. The difference between these
not count towards the amount that you can repay each two amounts is the amount that the bank does not receive.
year without being charged a compensation.
The present value calculation
Different rules apply for the Sustainable Mortgage In the case of a full or extra repayment, you repay the
(Duurzaam Wonen Hypotheek) and the Payment Holiday amount to us in a single lump sum instead of over the
Mortgage (Tijdelijke Betaalstop Hypotheek). If you have a remaining months of your fixed-rate period. For this reason,
Sustainable Mortgage, please read Chapter 28. If you have we lower the loss interest according to a standard method.
a Payment Holiday Mortgage, please read Chapter 29. This standard method is the present value calculation.
The outcome of this calculation is the amount that we
14.6 How is the compensation calculated if I repay my loan? ultimately charge you as compensation. The present value
What follows is an explanation of how the compensation is calculated using the remaining fixed-rate period and the
is calculated if you repay your loan in full or in part. comparison interest rate.
You receive an itemised statement of the compensation
for each loan component at the moment you have to pay 14.7 W
hat happens to my monthly amount after I have
the compensation. repaid part of my loan?
1. Your monthly amount is automatically reset if you repay
The following matters are relevant to the calculation part of the loan. The term of your loan component will
of the compensation: not change. You can ask the bank to change the term of
▶ On what part of the amount to be repaid do you pay a the loan component. The bank will decide whether the
compensation? term of your loan component can be changed.
▶ How does the bank determine the interest difference? 2. As soon as the bank receives your payment, you are no longer
▶ The present value calculation liable to pay interest on the amount that you have repaid.
3. The overpaid amount is repaid to you or deducted by
On what part of the amount to be repaid do you pay a the bank from your debt to the bank.
compensation? 4. Please also read Chapter 2, ‘Loans and payments’ of
In calculating the compensation charged in the case of all the General Mortgage Conditions.
mortgage types, we take account of the amount on which
no compensation is payable per loan component. 14.8 W
hat should I do if I wish to repay the loan in full?
1. You must submit a request to the bank for a repayment
An example statement at least 30 days before the date on which
Amount you wish to repay on 1 November 2023 € 50,000 you wish to repay the loan in full. You can do so by
Amount of your annual repayment exemption telephone or in writing.
(10% of the original principal of € 250,000) € 25,000 2. The bank prepares the repayment statement up to 14
Part of your exemption used in 2023 € 10,000 days before the date on which you wish to repay the
Your remaining exemption in 2023 € 15,000 -/- loan. The repayment statement specifies the provisional
The compensation is calculated based on € 35,000 compensation and whether this could change.
3. If you repay the loan later than the date specified by
If you have a level-payment mortgage or straight-line you, you owe interest on the period between the
mortgage, the amount of € 35,000 in the above example specified date and the actual date of repayment. If
will be lower, the reason being that the bank calculates you have repaid your loan later than you had specified,
the future course of your mortgage debt until the end of it may be necessary to prepare a new repayment
your fixed-rate period. If you have a savings-based mortgage, statement. This is a matter for the bank to decide.
the bank will include the accrued savings capital and the
agreed amounts of future savings in the amount over 14.9 W
ill my mortgage be assigned to a different tariff
which a compensation is charged. class after an extra repayment?
See 6.3: ‘What changes affect the fixed interest rate of my loan?’.
How does the bank determine the interest difference?
To determine the interest difference, the bank makes a
calculation of the interest you would have had to pay the bank
until the end of your current fixed-rate period and on the
basis of your current interest rate. The bank also calculates
what it could have achieved in interest income on the basis
Page 26 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
15. Portability basic level of the fixed interest rate to a new loan from
the bank for your new home. You will then select a
new interest rate for the Mortgage for rental property.
Please read this first You can choose from the interest rate types and fixed-
1. Old loan (mortgage): where we refer to your old loan (old rate periods that the bank offers for the Mortgage for
mortgage), we mean the loan (mortgage) you have taken out for rental property at that time.
your present home (old collateral).You have repaid this old loan or
you will repay it. You cannot transfer more than the outstanding debt If you first buy a new home, you can indicate when
at the time of contracting your new loan to your new home. applying for your new loan that you wish to make use
2. New loan (mortgage): your new loan (new mortgage) is the loan of the portable mortgage scheme.
(mortgage) that you take out to buy your new home (new collateral).
As a result, the collateral for the old and new loans is different. If you first sell your present home, you must take out a
Certain characteristics of loan components can be transferred, new loan with the bank for your new home within six
but the collateral itself cannot. months of selling your present home. This means that
an interest rate offer must be made for your new
home. The mortgage type must be the same. For
Different rules apply for the Home Equity Mortgage example, you cannot make use of the portable
(Overwaarde Hypotheek). If you have a Home Equity mortgage scheme if your old loan was a Budget
Mortgage, please read Chapter 27. Different rules also Mortgage and your new loan is a Home Mortgage. If
apply for the Sustainable Mortgage (Duurzaam Wonen the bank no longer offers your mortgage type, it will
Hypotheek), the Payment Holiday Mortgage (Tijdelijke take the type of mortgage that most closely resembles
Betaalstop Hypotheek) and the Mortgage for rental your mortgage type. This is a matter for the bank to
property (Hypotheek voor verhuur). If you have a Sustainable decide. If you agree this mortgage type, you may
Mortgage, please read Chapter 28. If you have a Payment transfer the basic level of the fixed interest rate.
Holiday Mortgage, please read Chapter 29. If you have a 3. If your old loan is in the name of two or more debtors
Mortgage for rental property, please read Chapter 30. and you do not take out a new loan together, a debtor
may make use of the portable mortgage scheme if
15.1 W
hat is the portable mortgage scheme? that debtor obtains written permission from the other
Under the portable mortgage scheme, you may transfer debtor or debtors.
the basic level of the fixed interest rate you have on a 4. You may make use of the portable mortgage scheme if
given component of your old loan to your new loan for the the home has been or is being sold in its entirety. For
residual term of the fixed-rate period. This chapter sets out example, you cannot make use of the portable
the conditions on which you can do so. mortgage scheme if you are moving home and one or
more existing debtors will continue to live in that
Three matters of importance to the portable mortgage home.
scheme are discussed below in this chapter: 5. At some point, you may find that you are unable to
1. the amount of the loan or loan components to be transfer the basic level of the fixed interest rate for the
transferred; total outstanding amount of your old loan to your new
2. the interest rate: consisting of the existing rate from mortgage due to the constraints of legislation,
the residual term of the fixed-interest period and the secondary legislation, the Mortgage Finance Code of
structure of the interest rate; Conduct or a given policy of the bank. Similarly, you
3. the mortgage/mortgage type. may be unable to transfer a basic level of the fixed
interest rate to your new loan.
15.2 When can I make use of the portable mortgage scheme?
1. There are two ways to make use of the portable 15.3 H
ow much can be transferred under the portable
mortgage scheme: mortgage scheme?
1. you first buy a new home and then sell your old 1. For each component of your old loan, you may decide
one; separately whether you want to transfer the basic level
2. you first sell your present home and then buy a of the fixed interest rate of that loan component to
new one. your new loan.
2. If you buy a new home and you decide to rent out your 2. You may transfer the basic level of your fixed interest
present home and convert your old mortgage to a rate to a new loan for an amount not exceeding the
Mortgage for rental property, you may transfer the amount of the outstanding debt under your old loan on
Page 27 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
the date the mortgage deed for your new loan is falls into a different tariff class than your old loan, the
expected to be signed by you at the office of the civil- interest rate of your new loan may be higher or lower,
law notary. If you have previously made repayments as the case may be. This means you will also have a
on your old loan, you cannot transfer the basic level of different surcharge than was applicable to your old
the fixed interest rate for these repaid amounts loan or loan component. For an explanation of the term
3. You may possibly need to borrow more money for your ‘tariff class’, see article 5.3.
new home than for your present home. This means 3. The mortgage type of your loan
that the amount of your old loan will be less than the If you change your mortgage type when you move
amount of your new loan. The interest rate applicable home, we adjust the interest rate according to the
to your old loan or loan component never applies to new mortgage type. The bank will adjust the basic
the additional amount that you borrow under your new level of your fixed interest rate to bring it into line with
loan. For this extra amount, you must conclude one or the basic level of the fixed interest rate that applied to
more new loan components. The interest rate offered the new mortgage type at the time the interest rate of
by the bank at the moment you take out these your old loan (prior to the adjustment) was set for you.
components applies to that extra amount. 4. National Mortgage Guarantee (NHG)
4. If your mortgage type changes in respect of part of the If your old loan has a National Mortgage Guarantee
amount you wish to transfer, you may transfer for that (NHG) and you take out a new loan without a NHG, or
part the basic level of the fixed interest rate to your vice versa, the bank will adjust the basic level of the
new home. What constitutes the basic level of the fixed interest rate according to the new situation. You
fixed interest rate is explained in article 15.4. will then pay the basic level of the fixed interest rate
that applied to the new situation (i.e. with or without
15.4 D
o I continue paying the same interest rate for the an NHG) at the time the interest rate of your old loan
part of the mortgage I transfer? (prior to the adjustment) was set for you..
You may transfer the basic level of the fixed interest rate.
This is the fixed interest rate of your old loan less any
rebates and surcharges that were included in the interest Please note
rate. Any interest rate averaging margin is, however, If you have not yet sold your present home, we will arrange for
included in the basic level of the fixed interest rate you the loan or loan components that you are transferring to be
transfer. An interest rate averaging margin is an interest converted into an interest-only loan at a variable rate of interest
margin you might have to pay if the interest rate for your for your present home until such time as:
fixed-rate period changes before the end of that fixed- your present home has been sold and the title transferred to
rate period and you do not pay the compensation for this the purchaser; and
immediately as a lump sum. Whether the bank offers t he old loan has been repaid in full to the bank. We call this a
interest rate averaging (and if so, in what situations) transitional loan. You are not charged for this change.
depends on the bank’s policy.
If you have not yet sold your present home but have already
This may possibly mean that you will not pay the same bought a new home, you will be paying for two homes (and two
interest rate for the part of the loan that you transfer to your mortgages) at once. (A part of) the basic level of the fixed rate
new loan. What interest rate you will pay depends on: that applied to your old loan transfers to your new loan. However,
1. The tariff classes you still owe interest on your old loan. You will then pay the
Tariff classes may have been modified between the variable interest rate for your old mortgage applied by the bank
moment when your fixed-rate period starts and the at that time to new identical mortgages. Once you have sold your
moment of transfer of your interest rate. Such a present home, transferred title to the purchaser and repaid your
modification may relate to both the classification of old loan in full, you need no longer pay this variable interest rate.
the tariff classes and the levels of the interest rates for
those tariff classes. This may mean that the interest
rate for the loan component to be transferred is either
higher or lower in your new loan. 15.5 C
an I continue to have the same mortgage type for
2. The ratio of your mortgage debt to the value of my loan?
your home You can usually transfer your existing mortgage type to
The ratio of the new loan to the value of your new your new loan without any changes. However, the bank
home may differ from the ratio of the old loan to the may possibly require you to take a repayment mortgage
value of your present home. If your new loan thus type such as a Level-Payment Mortgage or Straight-Line
Page 28 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
Mortgage if you wish to transfer a basic level of your fixed
interest rate. This will apply above all if you do not yet have your old loan and hence the old interest rate for the residual fixed-
a mortgage type that involves repayment of all or part of rate period to your new loan. The residual term of your fixed-rate
your loan. Naturally, you can transfer the basic level of the period is still four years at the moment you move house.
fixed interest rate as described in the articles above.
Your new loan has the following components:
15.6 Can I select the term of my new loan/loan one loan component of € 215,500 with a Level-Payment Mortgage
component? type and an interest rate of 3.30% (the new tariff class surcharge
You may select the term of the new loan component to is 0.4%). This percentage is in addition to the 2.90%. The
which you transfer the basic level of the fixed interest (residual) fixed-rate period runs for a further four years; and
rate. As a consequence, the term of your new loan or one loan component of € 119,500 with Level-Payment Mortgage
loan component need not be the same as the remaining type, an interest rate of 4.90% and a fixed-rate period of ten years.
term of your old loan or loan component.
Your old loan takes the following form:
15.7 W
hat conditions will govern my loan? As you are making use of the portable mortgage scheme, we will
As soon as you have been to the civil-law notary’s convert your existing level-payment loan component of € 215,500
office to sign the mortgage deed for your new home, into an Interest-Only Mortgage of € 215,500. We will also change
the conditions applicable at that time will apply to your the residual term of your old mortgage to 24 months and convert
full loan. These conditions therefore govern all your the interest rate into a variable interest rate.
loan components of your new loan, including the loan
components for which you are transferring the basic
level of the fixed interest rate. This also includes any
transitional loan. 16. Increasing your loan
An example
Your existing loan 16.1 What requirements apply if I wish to increase my loan?
The original principal of your old loan was € 250,000 and consisted of 1. You may increase your loan if:
a single loan component with a Level-Payment Mortgage type. ▶ the bank considers that the value of your home is
Following monthly repayments, the outstanding amount of the old sufficient, and
loan is now € 215,500. The interest rate you pay is 3.70%. This is the ▶ you comply with the bank’s credit policy, and
rate for the tariff class over 85% of market value. You have a fixed- ▶ the additional amount you borrow is € 5,000 or more.
rate period of ten years. The basic level of your fixed interest rate is 2. The bank will increase your loan by less than € 5,000
2.90%. In this example, the old tariff class surcharge is 0.8%. only if the increase is a result of the costs you must
pay for changing your loan.
A new home 3. If you fulfil the requirements of this chapter (16), the bank
After six years, you decide to move to a more expensive home. The will send you a new loan offer. This loan offer contains a
market value of your new home is € 400,000. To purchase your new statement of all the data on your mortgage after the
home you need a new loan of € 335,000. This means that your new increase. The amount by which your loan is increased is
loan comes in the tariff class of up to 85% of market value. Interest added to your loan by means of a new loan component.
rates are higher than at the time you bought your present home.
If you were to take out the loan from the bank now, you would now 16.2 What should I do if I wish to increase my loan?
have to pay 4.90% with a fixed-rate period of ten years. If you wish to increase your loan, you must request the
bank accordingly. You should consult your adviser about this.
Portable mortgage scheme
You decide to take advantage of the portable mortgage scheme. You
transfer the basic level of the fixed interest rate that applied to
Page 29 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
16.3 What happens to my loan and the conditions if I wish for information so that we can fulfil our obligations to
to increase my loan? regulators or authorities (such as tax authorities).
1. An increase in your loan involves changing your existing Examples of information that could be requested include
loan.You add a loan component to your existing loan. a valuation report of your home (the collateral), a recent
2. The conditions that apply to your existing loan continue energy label or an interim inspection of your home (if it
to apply to that loan. The conditions that apply to your is a self-build). The bank may also ask you to share
new loan component (the increase) are those that information in connection with the bank’s duty of care or
apply at the time of the increase. The loan offer for your the implementation of anti-money laundering rules.
increase sets out the conditions applicable to the new For example, the bank may ask you to demonstrate the
loan component. source of the money you use to pay the bank. It may also
ask you for details of your current and future income,
16.4 Do I have to visit the civil-law notary’s office in order such as details of your pension, and information about
to increase my loan? the repayment of your mortgage. If it ought to be clear to
1. It is possible to increase your loan during the loan you that we require certain information or documentation,
term without visiting the civil-law notary’s office. This you must provide it without having to be asked.
can be done if you have initially registered a higher
amount. A higher registration means that, at the time 17.3 W
hat am I expected to do during the term of the
your mortgage is taken out, the civil-law notary enters mortgage loan?
your mortgage in the records of the Land Registry You must exercise due care in your dealings with the bank
for a higher amount than you actually require - and and take its interests into account as much as possible.
borrow - at that time. Such a higher registration must You must enable the bank to provide its services correctly
have been arranged when you took out your mortgage. and to fulfil its obligations. By ‘obligations’, we mean not
This enables you to increase your loan in the future only its obligations to you, but also the obligations the
up to the amount for which your mortgage has been bank has to regulators and other national, international
registered. In that case, you do not need to pay an or supranational authorities (including tax authorities) in
additional visit to the civil-law notary’s office. Naturally, connection with its services to you. You must provide the
you need the bank’s consent at that time to increase bank with the information and documentation it requires
your mortgage. The bank examines, at least, whether for this purpose whenever the bank requests this. Article
your income and the value of your home (the collateral) 17.2 explains what this information and documentation
are sufficient for the increase. could be.
2. If you wish to increase your mortgage but do not
have a higher registration, you will have to take out 17.4 C
an the bank ask me to provide information at any
a second mortgage. The second mortgage is actually time during the term of the loan?
an extra loan with the same collateral. In such a case, Yes. The bank may also ask you to provide all the information
you must once again visit the civil-law notary’s office specified in article 17.2 at any time during the term of the
in order to sign a new mortgage deed. Naturally, you loan. In that case, the expectations set out in article 17.3
need the bank’s consent at that time to take out a will also apply to you.
second mortgage. The bank examines, for example,
whether your income and the value of your home 17.5 What may I use the bank’s products and services for?
(the collateral) are sufficient for the increase. You may only use our products and services for their
intended purpose, and must not misuse them or allow
17. Duty to provide information, and use of them to be misused. Examples of misuse include criminal
products and services offences and activities which are damaging to us or our
reputation, or which could damage the functioning and
17.1 What do I need to do if my details change? reliability of the financial system. If the bank asks you
You must notify us in advance of any change in your to provide information about the use of our services or
details. If this is not possible, please inform us products, you must provide enough information for us to
immediately after the change in your details takes place. assess whether you use our services or products in that way.
17.2 What information may the bank request from me? Additional rules apply for the Mortgage for rental property.
The bank may from time to time ask you for information that If you have a Mortgage for rental property, please read
it reasonably requires to provide its services, which include Chapter 30.
determining your risk profile. The bank may also ask you
Page 30 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
17.6 What can the bank use my personal data for? 18.2 W
hat happens if I have repaid or changed my loan?
The bank handles your personal data with due care. 1. If you have repaid your loan in full to the bank before
Details of how we do this can be found in our Privacy the end of the term, you need not use the accumulated
Statement. This Privacy Statement may change, for capital to repay your loan. This may also happen if you
example as a result of changes in legislation and have changed your loan. Your account or insurance is
regulations or in our products and services. You can always then no longer pledged to the bank.
find the latest version on our website. 2. The bank may impose requirements for allowing the
pledge to lapse.
17.7 With which parties may we exchange personal data?
If we form a group together with other legal entities, 18.3 W
hen is the accumulated capital paid out?
the data may be exchanged and processed within this 1. If you do not need the capital accumulated in the
group. We may also exchange personal data with other insurance or on the account to repay your loan, this
parties that we engage for our business operations amount may be deposited in the bank account from
or the execution of our services. By other parties, we which your monthly amount is debited. Your insurer
mean, for example, other parties that we engage to can provide you with more information about this. It
assist with the operation of our systems or to process will take some time before the amount is received in
payment transactions. We adhere to the applicable laws your bank account.
and regulations and our own codes of conduct for this. 2. The bank is not liable for any loss or damage whatsoever
The exchange of data may mean that data enter other that is or may be a consequence of this. This means that
countries where personal data are less well-protected the bank is also not liable for any price loss or tax loss.
than in the Netherlands. Competent authorities in
countries where personal data are located during or after 18.4 What happens if I do not, or no longer, comply with
processing may launch an investigation into the data. the agreements relating to my endowment insurance,
bank savings account, investment account or other
18. Insurance or account linked to the loan account or insurance?
The bank may convert the loan (or specific loan component)
18.1 What is the purpose of my endowment insurance, to which your account or insurance is linked to an Interest-
bank savings account, investment account or other Only Mortgage if:
account or insurance? ▶ you are no longer saving or accumulating any funds in
In the case of some mortgage types, you have taken this account or under this insurance, or
out an endowment insurance policy or opened a bank ▶ if your account or insurance no longer exists, or
savings account, an investment account or other account ▶ if the account or insurance in any other way no longer
or insurance together with your loan. This insurance or complies with the related agreements that the bank
account is linked to your loan. This means that the insurance made with you.
or account is an important part of your mortgage. In assessing Please also read article 13.5 ‘What happens if I do not pay
whether it will grant you the mortgage, the bank takes into the premium for my insurance or the amount for my bank
consideration whether you have this insurance or account. savings account or investment account?’.
The aim of this insurance or account is to accumulate a
given amount of capital. You may use this accumulated
capital to repay your loan or part of it to the bank at the Please note
end of the term of the loan. You pledge the insurance or The bank does not give tax advice. You should consult a tax adviser
the account to the bank when taking out your mortgage. about obtaining payment of the capital in your mortgage-linked
insurance or account.
What is pledging?
The bank wishes to have the certainty that you will repay your loan.
For The bank wishes to have the certainty that you will repay your 19. Buildings insurance
loan. For this purpose, you agree with the bank that the amount you
accumulate in your insurance or save on your account will be paid 1. You must take out a comprehensive buildings insurance
out to the bank. This is called pledging. If the amount is paid out to policy for your home. Under such a policy, your home is
the bank, it uses the amount to repay your loan or loan components. insured against damage caused by perils such as fire, storm
and burglary. A comprehensive buildings insurance policy is
also known as a comprehensive home insurance policy.
Page 31 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
2. The comprehensive buildings insurance must take In your letter, you should specify:
effect no later than the day that you sign the mortgage ▶ your complaint;
deed at the civil-law notary’s office. The policy must ▶ your address and telephone number and your e-mail
provide cover for the reinstatement value. address, if any
3. You must send the bank a copy of the policy if the ▶ your local ABN AMRO office
bank requests for it. ▶ your bank account number.
Different rules apply for the Mortgage for rental property. If Please also send copies of information that you believe to
you have a Mortage for rental propery, please read Chapter 30. have an important bearing on your complaint.
20. Change of address Upon receipt of your letter, our Complaints Management
Department will write to you stating when you can expect
When will I receive post at my new address if I have a response to your complaint.
bought a home?
You must forward the address of your new home to the 21.3 W
hat can I do if I am still not satisfied with the
bank when you move to your new home. The bank will outcome?
send your correspondence to your new address from that Within three months of receiving the bank’s reply
date on, unless you have notified us of a different date. or within one year after you submitted your original
21. Complaints procedure complaint, you can refer your complaint to the Financial
Services Complaints Board (Klachteninstituut Financiële
21.1 How and where can I report complaints? Dienstverlening/KiFiD). You can submit your complaint
You may notify us of a complaint in various ways: online, via Mijn Kifid, or send it by post. You can download
1. By telephone: you can reach us 24 hours a day on a complaint form at kifid.nl or request a form by telephone
telephone number 0800 - 024 07 12 (freephone). from KiFiD (telephone number: +31 (0)70 333 89 99).
From abroad, you should call +31 (0)10 241 17 20
(you then pay the local charges plus the charges for Please send your complaint form to:
calling from abroad). Klachteninstituut Financiële Dienstverlening (KiFiD)
2. On the internet: you can pass on your complaint to us P.O. Box 93257
online by sending us an e-mail or by contacting us on 2509 AG The Hague
our website at abnamro.nl The Netherlands
3. At an advice centre: you can discuss your complaint
with a staff member of one of our branches or with You can find more information about KiFiD on its website.
your own contact person.
4. In writing: you can send your complaint to your You can also submit your complaint to the competent court.
ABN AMRO branch; you can find the address of your
local branch on our website at abnamro.nl
Page 32 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
Redemption
22. Level-Payment Mortgage repaid your Level-Payment Mortgage in full by the end
of the loan term.
Monthly amount
4. After each fixed-rate period, the monthly amount can
Interest change. In the case of variable interest, the monthly
amount can change each month.
Interest
Redemption
Please note
Term (in years) The loan component decreases in the case of a Level-Payment
Mortgage. Each month, you repay part of the loan. As a result, the
Interest
amount you pay in interest continually decreases. This affects the
Monthly amount
Important term amount of mortgage relief available to you. You should ask your tax
Where reference is made below to ‘this loan component’, we mean adviser for advice.
the loan component for which you have taken out a Level-Payment Investment
Mortgage.
Page 33 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
23.1 What is a Straight-Line Mortgage (in brief)? 24.1 What is an Interest-Only Mortgage (in brief)?
A Straight-Line Mortgage is a type of mortgage in which 1. An Interest-Only Mortgage consists solely of a loan.
you repay part of your loan to the bank each month. There is no bank savings account or endowment insurance
You also pay interest each month. linked to such a loan.
2. During the term of this loan component, you make no
23.2 What do I pay each month? repayments to the bank. Nor do you accumulate any
1. Each month you pay an amount to the bank. capital during the term to repay the loan component to
This consists of: the bank.
▶ interest on your loan, and 3. You may never borrow more than 50% of the value of
▶ a fixed amount by which you repay this loan your home under an Interest-Only Mortgage. The bank
component (redemption). decides what part of the loan may be interest-only.
2. As you repay part of this loan component each month,
the amount of your loan component decreases each 24.2 What do I pay each month?
month. The aim of the repayments is to ensure that 1. Each month you pay an amount in interest because the
you have repaid this loan component in full by the end bank has lent you money to buy your home.
of the loan term. 2. The interest that you must pay for your loan is debited
3. If the amount you must repay to the bank decreases, from your payment account (direct debit). You authorise
the amount you must pay in interest also decreases. the bank for this purpose by signing a direct debit
During
Monthly the term of this loan component, your monthly
amount authorisation with the loan offer.
amount therefore declines.
Interest
24.3 When can my home be compulsorily revalued?
The bank may have your home valued again at any time.
Please note This value is determined by a recognised valuer. The bank
In the case of a Straight-Line Mortgage, the amount of the loan designates the valuer. You will be informed by letter of
component decreases. This is because you repay part of the loan this valuation in good time. You must pay the costs of this
component each month. As a result, the amount you pay in interest valuation yourself.
also steadily declines. This may affect the amount of mortgage
relief available. You should ask your tax adviser for advice. 24.4 What is the consequence of the new value of the home?
Redemption 1. If it appears that the ratio of the amount of your loan to
the most recent value of your home has changed, the
Term (in years) bank may impose extra conditions in respect of all loan
24. Interest-Only Mortgage components that are interest only. These conditions
usually mean that you must repay part of this loan
Monthly amount
component during its term.
2. The bank may also provide that part of your Interest-Only
Mortgage should be changed into a different mortgage type.
Monthly amount
Important term
Where reference is made below to ‘this loan component’, we
mean the loan component for which you have taken out an
Interest-Only Mortgage.
Your (entire) loan comes in a higher tariff class 25. Endowment Mortgage
If your loan comes in a higher tariff class, the interest rate Monthly amount
you must pay on your entire loan is the rate that applied at
the moment when you took out the loan. The bank adjusts
the interest rates of your existing and new loan components
automatically. No action is needed on your part.
An example
Interest
Tariff NHG 65% or More More More
classes less of than 65% than 85% than
applying the up to and up to and 90% of
at the value of including including the Investment
time the your 85% of 90% of value
conditions home the value the value of your
are drawn of your of your home Term (in years)
up home home
An example
You buy a home in 2022. The value of the home is € 200,000. You
borrow € 160,000. That is 80% of the value of the home. You therefore 25.1 How does an Endowment Mortgage work (in brief)?
pay the interest rate that applies to loans representing between 65% 1. An Endowment Mortgage consists of two elements:
and 85% of the value of your home. In this example, that is 4.16%. a. a loan, and
A valuation report carried out in 2023 shows that your home has b. a life insurance policy.
depreciated. The value of your home is now € 185,000. You have The loan and the life insurance are linked.
borrowed € 160,000. This is more than 90% of the value of the home. 2. During the term of this loan component, you make
Your loan now comes in the tariff class of over 90% of the value of the no repayments to the bank. Instead, you pay a given
home. You must therefore pay 4.41% interest on your entire loan. The amount each month to the insurer. The aim is to ensure
interest rate for new identical loans at that moment is immaterial as that, at the end of the term, you can repay this loan
the bank takes the interest rate that applied when the interest rate for component using the capital accumulated under the
your current fixed-rate period was determined in 2022. insurance policy.
Please note
24.6 When must I repay this loan component? Please also read article 6: ‘Life insurance: pledging and beneficial
It is important to the bank that you can repay your loan entitlement’ of the General Mortgage Conditions. This article
at the end of the term. For this reason, at any time during contains important information about the life insurance and the
the term of the loan the bank may ask you to provide requirements imposed by the bank in this connection. It is possible
information about your financial situation and the that you may be required to pay the premium every six months rather
possibilities regarding expected repayment or taking than monthly.
out a new loan at the end of the term.
Page 35 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
25.2 What do I pay each month? 25.5 With whom do I take out the life insurance policy?
1. Each month, you pay an amount of interest to the You take out the life insurance policy with the insurer. The
bank. You also pay each month an amount to the bank is not a party to this insurance. You cannot hold the
insurer for the life insurance. This is known as your bank liable for loss or damage resulting from the insurance.
insurance premium.
2. The insurer tells you how much premium you must 25.6 What information must the bank have about my life
pay each month. If the loan offer specifies a premium insurance?
amount, this may differ from the insurance premium The bank must know whether the insurer has accepted
that you must pay after signing the mortgage deed. your insurance application. You should allow for the
3. The interest that you must pay for your loan is debited possibility that the insurer may wish you to undergo a
from your payment account. You have authorised the medical examination. It may therefore take some weeks
bank to debit this amount each month from your before your insurance application is accepted. The bank
payment account. The insurer itself determines how must know whether your application has been accepted
the premium should be paid to it. before it decides whether it can grant you the loan. In
other words, well before you sign the mortgage deed
25.3 What happens if I do not pay my monthly amount or at the civil-law notary’s office. The insurer will send the
do not do so on time? bank a letter about this. If the bank does not receive the
1. If you do not pay your monthly amount or do not do so message, you may not sign the mortgage deed at the civil-
on time, the bank may demand immediate repayment law notary’s office. Nor will you then receive the mortgage.
of the loan. This is also known as recalling the loan.
The bank may then cancel your insurance and use 25.7 What happens if I have a life insurance policy with
the amount under the policy to repay the loan. This an uncertain target capital?
is known as surrendering the policy. The bank may 1. The bank accepts a life insurance policy only if it has
also sell your home or arrange for it to be sold. This been established:
is referred to as the foreclosure sale or forced sale of ▶ how the final capital is structured; and
your home. ▶ how much the final capital will be on the expiry
2. The amount of capital that you have accumulated date or on the date of death, if earlier.
under the policy and the proceeds of the sale of your The bank may make an exception to this subject to
home may not be sufficient to repay the loan. In that conditions.
case, you must repay the outstanding amount of the 2. If the life insurance provides insufficient security, you
loan in some other way. must take out another life insurance policy that gives
3. The bank is not liable for any tax and/or financial loss or you the certainty that you will accumulate sufficient
damage that is or may be a consequence of surrendering capital to repay this loan component.
the policy or selling your home. 3. However, you can contribute the life insurance as an
extra form of security. This can be done only if the bank
25.4 What is the purpose of the life insurance? is certain that there will be sufficient money at the end
1. The purpose of the life insurance is to enable you to of the term of this loan component.
repay this loan component using the accumulated
capital. In assessing your application for this loan 25.8 May I terminate (surrender) the life insurance?
component, the bank has taken account of the capital 1. You may not surrender the life insurance unless you
that you will accumulate under the life insurance policy. have obtained the express written consent of the bank.
The insurance is therefore an important part of your 2. During the term of your Endowment Mortgage, you
Endowment Mortgage. may not cease paying the premium, either temporarily
2. It is possible that your life insurance policy will pay out or otherwise, without the written consent of the bank.
if you or your spouse (partner) dies. This money can Nor may you pay a lower premium, either temporarily
then be used to repay this loan component or part of it. or otherwise, without the written consent of the bank.
3. The insurance policy and the conditions of your life
insurance set out on what conditions the insurer will 25.9 Does the bank obtain a pledge?
pay out if you or your spouse (partner) dies and how 1. Yes. By signing the offer for this loan component, you
much. You should read the insurance policy and the state that you:
insurance conditions with care. ▶ accept in advance the bank’s pledge, and
▶ authorise the bank to establish this pledge, and
▶ authorise the bank to designate the beneficiary.
Page 36 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
2. This pledge of the insurance policy applies from the 25.13 W
hat happens if the payment under the insurance
inception date of the pledge. Once you have given policy is less than the amount of the loan under my
the authorisations referred to above, you can no longer Endowment Mortgage?
change or cancel them. These authorisations are It is possible that the amount of money ultimately paid out
therefore irrevocable. by the insurer is less than the amount you borrow. If this is
3. The mortgage deed must also state that you give the the case, you cannot repay this loan component in full from
bank a first pledge on your life insurance. This must the capital accumulated under your life insurance policy. You
also be stated in your insurance policy. The policy must must then repay to the bank in some other way the amount
also provide that you have designated the bank as you cannot repay from the life insurance policy.
beneficiary. The insurer can charge for endorsing this on
the policy. These are costs that you yourself must bear. 25.14 Are there special requirements if my Endowment
Mortgage comes with a National Mortgage Guarantee?
1. If:
Important term ▶ the loan has a National Mortgage Guarantee, and
An authorisation is a declaration in which you give another person ▶ this loan component cannot be repaid to the bank
(the bank) the authority to perform certain acts on your behalf. from the payment under the life insurance,
the bank can oblige you to pay an extra amount each
month to the bank in addition to your monthly amount.
2. By paying the extra monthly amount, you repay part of
What is pledging? this loan component to the bank during the term.
You grant a right of pledge on, for example, insurance policies or
savings accounts. The pledge gives the bank certainty that you will 25.15 May I adjust the insured sum if I have repaid part of
repay the money you borrow. If, for example, you fail to pay the my Endowment Mortgage?
interest or to repay your loan, the bank may use the money in that Yes, you may. However, you need the bank’s written
insurance policy or savings account (the rights you have pledged) for consent in order to lower the amount.
the repayment of your loan.
25.16 W
hat should I do if I do not wish the death benefit
under my life insurance to be paid to the bank if I die?
It is possible to arrange for the death benefit to be paid,
25.10 May I pledge my rights under the life insurance to in the event of your death, not to the bank as beneficiary, but
another person? to someone else. If this is your wish, the person whom
No. You may not pledge the rights under the life insurance you wish to be entitled to the death benefit must sign a
in favour of another person. statement. In this statement, the beneficiary confirms that
the insurer should pay the death benefit to the bank. The
25.11 What happens to the insurance policy? bank will then use this amount to repay this loan component
The original policy of the life insurance remains in the (or part of it). You must send the signed statement to
bank’s possession during the term of this loan component. the insurer. This statement, which is also known as the
You receive a copy of the policy. ‘widow’s or partner’s statement’, is sent to you with the
loan offer.
Page 37 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
Monthly amount
Interest
26.3 W
hat tax relief is provided by the Savings-Based
26.1 How does a Savings-Based Mortgage work (in brief)? Mortgage, subject to conditions?
Redemption
1. A Savings-Based Mortgage consists of two elements: 1. If you meet all the statutory conditions you can save a
a. a loan, and given amount tax-free. This is the tax relief amount. The
Term (in years)
b. a bank savings account. level of tax relief is determined by the Tax and Customs
The loan and the bank savings account are linked. Administration and may change. If you save more than
2. During the term of your Savings-Based Mortgage, you the tax relief amount, you must pay tax on this.
make no repayments to the bank. Instead, you deposit 2. The bank is not responsible and/or liable for any tax or
a given amount each month in your bank savings account. financial consequences of your use of the bank savings
This amount is known as the contribution. account.
3. A bank savings account is a special savings account for
which tax relief is available. You can save up to a given
amount without having to pay tax on it. This maximum Please note
amount is determined by the Tax and Customs The bank does not give tax advice. If you wish to receive tax
Administration and is subject to alteration. If you have advice, you should consult a tax adviser.
two or more loan components with a Savings-Based
Mortgage, the maximum amount applies to the
aggregate of all your bank savings accounts.
4. The aim of your bank savings account is that, at the
end of the term of this loan component, the amount
in your bank savings account is equal to the amount
of this loan component. You must then repay this loan
component using the saved amount.
Page 38 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
26.6 What is a bank savings account?
Tax and the bank savings account A bank savings account is a special savings account into
The tax relief provided by the Savings-Based Mortgage means which you are obliged to pay an agreed amount each month.
that you need pay no tax on the amount you save in your bank This is your contribution to your bank savings account.
savings account, subject to a given maximum. This applies only if You may not withdraw any money from the bank savings
you fulfil all the conditions. In order to make use of this tax relief, account because it is blocked. A bank savings account
you must therefore comply with the rules laid down by law. always forms part of your Savings-Based Mortgage.
26.5 W
hat happens if I do not pay my monthly amount or Important terms
do not do so on time? An authorisation is a declaration in which you give another person
1. If you do not pay your monthly amount or do not do so (the bank) authority to perform certain acts on your behalf.
on time, the bank may demand immediate repayment
of the loan. This is also known as recalling the loan. The
bank may then use the amount in your bank savings
account to repay all of part of your loan. The bank may What is pledging?
also sell your home or arrange for it to be sold. This You grant a right of pledge on, for example, insurance policies or
is referred to as the foreclosure sale or forced sale of savings accounts. The pledge gives the bank certainty that you will
your home. Please also read articles 13.4 and 13.5. repay the money you borrow. If, for example, you fail to pay the
2. The amount of capital that you have saved in the bank interest or to repay your loan, the bank may use the money in that
savings account and the proceeds of the sale of your insurance policy or savings account (the rights you have pledged) for
home may not be sufficient to repay the loan. In that the repayment of your loan.
case, you must repay the outstanding amount of the
loan in some other way.
3. The bank is not liable for any tax or financial loss or
damage that is a consequence of emptying your bank 26.8 W
hat requirements are made in respect of a bank
savings account or selling your home. savings account?
1. The requirements for a bank savings account are
specified in the Dutch Income Tax Act 2001.
Please note 2. You may have a bank savings account only if you or
The bank may use the capital in your bank savings account to repay your partner have your own owner-occupied home with
your loan because you have pledged your bank savings account to the your own home acquisition debt within the meaning of
bank. The bank may also sell your home or arrange for it to be sold the Dutch Income Tax Act 2001.
because you have given the bank the mortgage right on your home.
Page 39 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
no longer qualify for tax relief under the Dutch Income
Important Tax Act 2001. This may also apply if you wish to use the
What requirements does the law establish in respect of a bank money in your bank savings account to repay this loan
savings account? component (or part of it). In such a case, you may not
You may not withdraw money from your bank savings account use the tax relief schemes offered by the Savings-Based
as it is blocked. You may withdraw money from your bank Mortgage.
savings account only if you wish to repay your Savings-Based 2. If you nonetheless wish to withdraw money from your
Mortgage to the bank. bank savings account, you must notify the bank of this
A bank savings account cannot be opened in the name of in writing. The bank will then close the bank savings
businesses or persons who do not reside in the Netherlands. account and transfer the balance of the account to an
account number specified by you. This will have direct
consequences for this loan component. Your Savings-
Based Mortgage must then be changed into a different
26.9 W
hat is the rate of interest I receive on a bank mortgage type. It is possible that you may have to pay
savings account? costs for this.
1. The rate of interest that you receive on a bank savings
account is equal to the rate that you must pay for this
loan component. Please note
2. You receive interest on the amount on your bank As the bank has a pledge on your bank savings account, you need the
savings account. bank’s consent if you wish to withdraw money from your account.
3. The interest rate that you must pay for this loan I f you withdraw money from your bank savings account, this
component is specified in your loan offer. has direct consequences for your Savings-Based Mortgage.
I t also affects the tax you must pay. You should first discuss
26.10 When do I receive the interest? this with your tax adviser.
1. An amount of interest will be credited to your bank
savings account each month.
2. You will receive this amount on the first of the month
following the month in which the amount was in your 26.14 M
ay ABN AMRO Hypotheken Groep B.V. withhold
bank savings account. money from the balance on the bank savings account?
1. ABN AMRO Hypotheken Groep B.V. may withhold
money from the amount in your bank savings account
An example if you do not fulfil the statutory conditions governing
You pay the contribution for your bank savings account on the bank savings account.
25 June. The interest on the amount is calculated from 25 June. 2. By law, ABN AMRO Hypotheken Groep B.V. is required
The interest is deposited in your bank savings account on 1 July. to pass on certain information to the Tax and Customs
Administration. This includes, for example, the closure
of your bank savings account.
3. ABN AMRO Hypotheken Groep B.V. may in certain cases
26.11 On what account do I receive the interest? be held liable by the Tax and Customs Administration
The interest is credited to your bank savings account. for income tax that you are required to pay to the Tax
and Customs Administration and must be remitted
26.12 I s it possible to withdraw money from the bank directly to the Tax and Customs Administration. This is
savings account? why, in cases where the amount on your bank savings
No, it is not possible to withdraw money from your bank account is released, ABN AMRO Hypotheken Groep
savings account before the end of the term of this loan B.V. will not pay part of the amount to you.
component. The bank savings account is blocked. Please This is the amount that you must pay to the Tax and
read article 26.13 if you nonetheless wish to withdraw Customs Administration by way of income tax.
money from your bank savings account. 4. If you can show that you yourself have paid the
income tax to the Tax and Customs Administration,
26.13 W
hat happens if I wish to withdraw money from my ABN AMRO Hypotheken Groep B.V. will then deposit
bank savings account before the end of the term? the withheld amount, including the interest accumulated
1. If you nonetheless wish to withdraw money from your up to that time, in your bank account.
bank savings account, the bank savings account will
Page 40 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
26.15 The bank savings account and tax aspects longer meets the tax relief requirements, it will contact
You are personally responsible for providing the Tax and you in order to discuss the options.
Customs Administration with the correct information about 3. If your bank savings account no longer meets the
the balance on your bank savings account in your tax statutory requirements, your Savings-Based Mortgage
return. Neither the bank nor ABN AMRO Hypotheken must be changed into a different mortgage type.
Groep B.V. may ever be held liable for any tax and/or financial
consequences (loss or damage) resulting from the use of 26.17 What requirements must the monthly contribution to
the bank savings account and this loan component. the bank savings account meet?
The monthly contribution is subject to the following
requirements under the Dutch Income Tax Act 2001:
Please note 1. The amount that you may deposit in an account year
The tax treatment of your bank savings account depends on your may not exceed ten (10) times the lowest amount
personal situation (financial and otherwise). You should consult a tax that you have paid in total in an account year. In other
adviser about this. words, the ratio of the total of the highest deposits
in an account year to the total of the lowest deposits
in an account year may not exceed 1:10. This is also
known as the bandwidth requirement.
Important 2. From the original starting date of your Savings-Based
Mortgage you may deposit an amount (contribution) in your
When does the bank savings account no longer meet the bank savings account for a maximum of thirty (30) years.
requirements of the tax legislation?
Your bank savings account no longer meets (among other things) the
statutory requirements if: An example
a. the conditions for a bank savings account as referred to in the Your monthly contribution is € 150. In an account year, you therefore
Income Tax Act 2001 are no longer fulfilled; in this Act, the bank deposit € 1,800 (12 x € 150). In another account year, you deposit in
savings account is known as an ‘owner-occupied home savings total € 7,200. This is permissible. The ratio is then 1,800 : 7,200.
account’ (Dutch acronym SEW); This is equal to 1 : 4. In another account year, you may deposit in total
b. ownership of the bank savings account changes or is a maximum of € 18,000. The ratio of 1,800 : 18,000 is then equal to 1 : 10
apportioned for a reason other than that you are marrying or and meets the bandwidth requirement.
divorcing or that your relationship with the person with whom you
have a long-term household ceases; You must fulfil the bandwidth requirement throughout the entire term
c. the bank savings account is entered in the balance sheet of a of the Savings-Based Mortgage. The bank assesses whether the total
business; of the contribution is sufficient for each separate account year.
d. you withdraw money from the bank savings account;
e. thirty (30) years have elapsed since the first deposit in the bank
savings account;
f. you die, unless one of your surviving dependants keeps the bank 26.18 H
ow is the amount of my monthly contribution
savings account open and continues to fulfil all conditions of the bank determined?
savings account. 1. The amount of your monthly contribution depends on the
You should consult your tax adviser if you wish to change anything level of interest that you must pay for this loan component,
relating to your bank savings account. the term of the bank savings account, the amount that
may be contributed without tax consequences and the
ultimate amount that you wish to save in order to repay
this loan component (the target capital).
26.16 What happens if my bank savings account no longer 2. The ultimate total on your bank savings account
meets the statutory requirements? therefore consists of:
1. If your bank savings account no longer meets the ▶ your contribution, and
statutory requirements, this has consequences for this ▶ the interest that you receive on the balance of your
loan component. It may also have consequences for bank savings account.
the tax you must pay. If you think this may be the case, 3. The target capital of your bank savings account is
you should contact your tax adviser. Subsequently, you always equal to the amount of this loan component.
or your tax adviser should contact the bank.
2. If the bank knows that your bank savings account no
Page 41 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
Please note Please also read article 25.17 (‘What requirements must the monthly
The target capital is the amount that you wish to accumulate in your contribution to the bank savings account meet? ’). A change in the
bank savings account. The amount of your monthly contribution is interest rate may mean that you no longer come within the bandwidth.
determined in part by the amount of the target capital. You must take this into account when making an extra deposit.
Page 42 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
26.27 When do I repay this loan component to the bank?
Please note 1. At the end of the term of your Savings-Based Mortgage,
The bank must have received the value (the amount) of your old you must repay this loan component to the bank.
insurance or bank savings account and the transfer form within 2. If you take out a Savings-Based Mortgage, you
six months of the date on which you take out your Savings-Based agree with the bank that you will accumulate a given
Mortgage. If this is not the case, the bank will convert your savings- amount in your bank savings account (the target
based mortgage into a Level-Payment Mortgage. In addition, the value capital). If the balance on your bank savings account
of your old insurance or bank savings account must be at least € 500. is equal to this target capital, this loan component is
The bank may always adjust this amount. Some other conditions are automatically repaid.
also applicable. Please consult your adviser about this.
26.28 W
hat happens to my bank savings account if I repay
the loan at the end of the term of this loan component?
At the end of the term of this loan component, you must
26.24 What
is the starting date of the term of the bank use the amount that is in your bank savings account to
savings account after the contribution from a repay the loan component. If there is still money in the bank
savings-linked insurance or bank savings account? savings account after repayment of this loan component,
The term of your bank savings account starts on the you may withdraw it. Once all the money has been
day that you must pay your first monthly contribution. withdrawn from the bank savings account, the account
The term of the bank savings account with ABN AMRO will be closed.
Hypotheken Groep B.V. starts at the moment when the
bank receives the accrued value fromthe previous bank
or insurance company. Please note
If you do not use the money in your bank savings account to repay
26.25 When does the bank calculate the amount of my your Savings-Based Mortgage, you do not fulfil the statutory
monthly contribution? conditions for tax relief. You must then pay tax on the interest that
1. The bank makes a final calculation of the amount of you have received on your bank savings account. You should
your monthly contribution after: discuss this with your tax adviser.
▶ it has received the amount of your (old) savings-
linked insurance or bank savings account, and
▶ it has received the transfer form completed by the
insurer or bank. 26.29 M
ay I keep my bank savings account if I no longer
Your bank savings account is opened at that time. have a mortgage with the bank?
2. The amount of your monthly contribution and the 1. Yes, you may. But the period within which this is possible
starting date of your bank savings account are is limited. You must have taken out a mortgage again
mentioned in the letter that you receive after your no later than in the calendar year following that in which
bank savings account is opened. you have repaid your mortgage. This period starts after:
▶ you have repaid this loan component to the bank; and
26.26 What requirements must the contributed insurance ▶ you have not taken out a new mortgage with the
or bank savings account meet? bank and
1. The bank sets requirements for the value of your old ▶ You have allowed your bank savings account to
insurance or bank savings account. At present, the continue.
value must be at least € 500. The bank may always In such a case, however, you must continue to deposit
adjust this amount. It may always set extra conditions your monthly contribution in this period.
to be fulfilled by the contributed insurance or bank 2. During this period, the bank will pay you a basic rate on
savings account. Your adviser can tell you more about this. the balance of your bank savings account. The amount
2. The details of your old savings-linked insurance or bank of this basic rate is determined once by the bank and
savings account are also taken into account in assessing does not change thereafter in this period. You will receive
whether your new bank savings account meets the tax the basic rate for a maximum of 2 years. This will be
requirements (the statutory conditions). paid after the end of each month.
3. It is possible that the amount of your monthly
contribution may change because after repaying this
loan component you receive a different interest rate on
the balance of your bank savings account.
Page 43 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
4. If you do not take out a Savings-Based Mortgage with Loan and loan components
the bank after this period, your bank savings account Your mortgage can consist of one or more components.
will be closed. The credit balance of your bank savings
account will then be transferred to your bank account. ‘Home Equity Mortgage’ loan component
You must notify the bank of your IBAN. The termination of If you take out this mortgage, you have a Home Equity
your Savings-Based Mortgage may have consequences Mortgage loan component. You can opt for a ‘Lump sum Home
for the taxes you must pay. Equity Mortgage’ or a ‘Monthly Home Equity Mortgage’.
5. Your bank savings account falls within the deposit
guarantee scheme. The deposit guarantee scheme ‘Other’ loan component
entails that if a bank is no longer able to meet its financial Your mortgage from the bank can also consist of one or
obligations, individuals and legal entities may claim more loan components with a different mortgage type;
reimbursement of their deposits up to EUR 100,000 per in this chapter we call these ‘other’ loan components.
account holder. The bank savings account and the loan These loan components may exist alongside the Home
which both form part of your Savings-Based Mortgage Equity Mortgage. Taking out a Home Equity Mortgage will will in
is set off against each other when a claim under the principle have no effect on these other loan components.
deposit guarantee scheme arises. If you no longer You will continue to pay the interest, capital repayment
have a loan, for instance because you have repaid the where applicable, premiums or contributions that you pay
loan with the proceeds from the sale of your home or for these ‘other’ loan components; they will not be added
because you have made use of the portable mortgage to the mortgage debt for the Home Equity Mortgage.
scheme, your savings balance is guaranteed up to a Your other loan components may fall within a higher tariff
maximum of EUR 100,000 per account holder. The class if you take out a Home Equity Mortgage. In this
deposit guarantee scheme is not applicable to every case, your other loan components may be subject to
individual or legal entity and does not cover all deposits. a higher interest rate. Please also read Article 6.3.b
For more information, please go to the website of the ‘Increasing your loan’.
Dutch Central Bank (dnb.nl), where you can also find the
most recent information on the size of the guaranteed
amount which may change as a result of new regulations. Important term
For the purposes of the deposit guarantee scheme, Where reference is made to ‘this loan component’ in this chapter, we
your deposits that you hold with ABN AMRO Hypotheken mean the loan component for which you have taken out a Home Equity
Groep B.V. are aggregated and the limit of EUR 100,000 Mortgage. Where we are referring to a different loan component, we
is applicable to the total amount. will specify that.
Page 44 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
27.3 How long can I continue to receive a monthly ▶ You cannot change the interest rate during the term of
withdrawal? the mortgage.
When taking out the loan, you decide what amount You will find the current fixed-rate periods and the associated
you wish to receive each month and for how long. The interest rates at abnamro.nl/hypotheken
maximum term of the monthly withdrawal is equal to the
longest fixed-rate period offered by the bank for the Home
Equity Mortgage. This means that the monthly withdrawal Important!
will stop on a certain date. Interest will continue to be The interest rate stated in the interest rate offer for your Home Equity
added to your mortgage debt after this period, until the Mortgage is the interest rate we will charge. This applies even if the
Home Equity Mortgage has been repaid in full. Your monthly interest rate has changed at the time you sign the mortgage deed at
payments will remain the same, even if the monthly the office of the civil-law notary or, in the event of a withdrawal under
withdrawals stop. an existing registered mortgage, when your first fixed-rate period
commences.
27.4 Can the bank stop my monthly withdrawal? This also applies when the interest rate is refixed. The offer you
The bank will adhere to the agreement made with you receive will state the interest rates from which you can choose for the
regarding the monthly withdrawal. If there is a good reason fixed-rate periods. If the interest rate on the interest rate refixing date
for doing so, for example improper use of your home or is lower or higher, the bank will not alter the interest rate.
fraud, the bank may stop your monthly withdrawal.
Page 45 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
27.9 C
ould I be left with a residual debt after my home has
been sold? Situation 2:
If you sell your home, you must repay your mortgage debt. Guarantee at market value applies
If the proceeds are lower than the mortgage debt, you You sell your home for more than the appraised market value
will be left with a residual debt. You must then repay that applying at the time of sale. The mortgage debt on the redemption
residual debt to the bank in another way. date is higher than the proceeds of the sale.
It is possible that the bank may waive all or part of your
residual debt. We call this the guarantee at market value. It is also possible that the sale proceeds are higher than the
You can read more about this in Article 27.10. appraised market value but lower than the total mortgage debt
on the redemption date.
27.10 What is the guarantee at market value?
The Home Equity Mortgage offers a guarantee at market Example
value. This guarantee gives you the certainty that you or Mortgage debt on redemption date € 290,000
your surviving dependants will not be left with a residual Appraised market value € 270,000
debt if the home is sold for a price that is lower than the Proceeds of sale € 280,000
amount of your mortgage debt.
In this example, the home is sold for a higher amount than the
27.11 When can I use the guarantee at market value? appraised market value, but a lower amount than the mortgage debt
Under certain conditions, you can make use of the on the redemption date. A residual debt of €10,000 remains. You pay
guarantee at market value if you are left with a residual €280,000 to the bank. The bank waives the residual debt of €10,000.
debt when selling your home. If your total mortgage debt
to the bank is lower than the anticipated market value of Situation 3:
your home, you can redeem it using the proceeds of the sale Guarantee at market value applies partially
of your home and you will not need to use the guarantee. The proceeds of the sale are lower than the appraised market value
The situations in which a residual debt has to be repaid by applying at the time of the sale, and the market value is lower than the
you or will be borne by the bank are described below. total mortgage debt.
Introductory note It is also possible that the proceeds of the sale are lower than the
In the situations described below, we assume that you appraised market value and lower than the total mortgage debt at the
have not taken out any new other loan components with end of the mortgage term. In that case, the bank will waive the
the bank after taking out a Home Equity Mortgage. residual debt up to the appraised market value. This means that you
do not have to repay the difference between the mortgage debt and
the appraised market value. You do have to repay the difference
Situation 1: between the appraised market value and the actual sale proceeds.
Guarantee at market value applies
You sell your home for the appraised market value applying at the Example
time of sale. The mortgage debt on the redemption date is higher Mortgage debt on redemption date € 290,000
than the proceeds of the sale. Appraised market value € 270,000
Proceeds of sale € 260,000
Example
Mortgage debt on redemption date € 290,000 In this example, you do not sell the home for the appraised market
Appraised market value € 270,000 value. The guarantee at market value applies only for the difference
Proceeds of sale € 270,000 between the mortgage debt on the redemption date and the
appraised market value. The bank waives an amount of €20,000.
In this example, the home is sold for the appraised market value. The difference between the appraised market value and the proceeds
The debt on the redemption date is higher than the proceeds of the of the sale is not covered by the guarantee at market value. In this
sale. You have a residual debt of €20,000, but you do not have to example, you pay €260,000 to the bank. A residual debt of €10,000
repay this, because the difference of €20,000 falls under the remains which you must repay to the bank in another way.
guarantee at market value and is waived by the bank.
Page 46 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
▶ Within no more than 12 months starting from the
Situation 4: day that the longest living person who took out the
Guarantee at market value does not apply mortgage debt no longer lives in the home.
The proceeds of the sale are lower than the appraised market value ▶ If the home has reduced significantly in value due to
applying at the time of the sale, but the market value is higher than the neglect or negligence, if there is overdue maintenance,
total mortgage debt. if the home is declared uninhabitable or if the home
must be rebuilt or repaired by order of the government.
Yet another possibility is that the appraised market value is higher ▶ If the home has been wholly or partly destroyed or has
than the total mortgage debt at the end of the mortgage term, but that been seriously damaged.
you sell the home for less than the appraised market value, and that the ▶ If the home is underinsured or not insured.
proceeds are also lower than the debt. In that case, the bank will not ▶ If we discover that the information you provided when
waive the residual debt. This means that you must repay the difference applying for the Home Equity Mortgage was incomplete
between the mortgage debt and the actual proceeds of the sale. or incorrect.
▶ In the event of foreclosure sale of the home as referred
Example to in Article 12 of the General Mortgage Conditions.
Mortgage debt on redemption date € 290,000 ▶ For loan components you take out after you have taken
Appraised market value € 300,000 out the Home Equity Mortgage, unless the new loan
Proceeds of sale € 280,000 component is a Home Equity Mortgage.
In this example, the home is not sold for the appraised market value. 27.13 Can my heirs also use the guarantee at market value?
The difference between the total mortgage debt at the end of the Yes. The guarantee at market value applies for your heirs in
mortgage term and the proceeds of the sale is not covered by the the same way as for you.
guarantee at market value. In this example, you pay €280,000 to the
bank. A residual debt of €10,000 remains which you must repay to the 27.14 How is the market value determined?
bank in another way. If you wish to make use of the guarantee at market value,
a valuer must determine the market value of your home
before you put it up for sale. The bank will appoint the
valuer. You should contact the bank to arrange for the
27.12 What conditions apply for the guarantee at market valuation. The valuer will prepare a valuation report.
value?
The following conditions apply for the guarantee at market Basic principles
value: 1. The market value of the home is appraised in
▶ The market value of your home must be established unoccupied, unencumbered condition and with vacant
before you sell your home. Please also read Article possession.
27.14. ‘How is the market value determined?’. This means that the new owner can/could move into
▶ After the sale and legal conveyance of your home has the home straight away without any problems.
completed, you repay the mortgage debt to the bank This also means that the home is not let, for example.
from the sale proceeds. 2. The valuation only includes movable goods which form
▶ During the term of the Home Equity Mortgage, you part of the collateral.
comply with all agreements, conditions and provisions 3. The costs of this valuation are paid by the bank.
applying for the Home Equity Mortgage.
▶ The guarantee at market value only applies for the loan 27.15 W
hat happens if I or the bank do not agree with the
components you have from the bank at the time you appraised market value?
take out the Home Equity Mortgage. It is possible that you do not agree with the appraised market
value, or that the bank does not agree with it. In that case,
The guarantee at market value does not apply in the the complaints procedure comes into play; you will find
following cases: this in Article 21 of these Conditions and on the bank’s
▶ If the Home Equity Mortgage is not repaid on time. The website. If a new valuation is carried out at your request,
term within which it must be repaid is as follows: you must pay the costs of this yourself. The bank will use
▶ Within no more than 12 months following the death the information contained in the new valuation report,
of the longest living person who took out the such as market value and state of maintenance. We issue
mortgage debt. guidelines which must be met by the valuation report.
Page 47 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
27.16 What costs can the bank add to my mortgage debt? 27.21 What happens in the case of overdue maintenance?
These might include things such as the costs of valuation In that case, immediate maintenance is necessary. If
of your home during the mortgage term or the costs of the bank requests you to do so, you must carry out this
carrying out necessary maintenance, for example. If you maintenance, or arrange for it to be carried out, within a
do not pay these costs directly yourself, the bank will add reasonable period. If you do not do so, the bank may give
them to your mortgage debt. instruction for the maintenance to be carried out. You will
be liable for the costs of this, which we will add to your
27.17 Can the bank have my home valued during the term mortgage debt. In addition, the guarantee at market value
of the mortgage? may lapse.
The bank may have your home (the collateral) valued again
at any time. We may only do this if we have a reason for 27.22 C
an I change the features of my Home Equity Mortgage
doing so, for example if we suspect overdue maintenance, during the mortgage term?
or if house prices fall. The value of your home is determined You may make the following changes during the term of
by a recognised valuer. The bank will appoint the valuer. The the mortgage:
costs of this valuation are payable by you. If you do not pay 1. You can convert your Home Equity Mortgage into a
these costs, the bank will add them to your mortgage debt. different type of mortgage. We will examine whether your
income is sufficient at that time: it is important that the
27.18 Can the bank ask me questions about the value and mortgage remains affordable after such a conversion.
condition of the home? 2. If you have opted for a monthly withdrawal, you can
The bank can ask you for an up-to-date WOZ report each year. cancel this withdrawal.
This enables the bank to keep track of the development
of the value of your home. We may also ask about the You can not make the following changes:
occupancy and state of maintenance of your home each 1. If you have opted for monthly withdrawal, you cannot
year. If the bank asks you about this, you must provide this alter the amount or shorten or lengthen the term of
information within a reasonable period. the withdrawal. It is however possible to take out a
new Home Equity Mortgage loan component during
27.19 What rules apply for maintaining my home? the term. If you want to do this, the bank will decide at
The state of maintenance of your home is important for that time whether it is possible.
the guarantee at market value. If the valuation report 2. You can not opt for a different interest rate during the
shows that your home has not been properly maintained fixed-rate period.
or that there is overdue maintenance, the guarantee 3. In the case of the Home Equity Mortgage loan component,
at market value may lapse. See Article 27.12, ‘What you cannot pay all or part of the interest yourself.
conditions apply for the guarantee at market value?’
27.23 C
an I transfer my Home Equity Mortgage to the name of
27.20 What is regarded as overdue maintenance? another person?
Overdue maintenance is considered to exist if the valuation You cannot add a different person to the Home Equity
report states that: Mortgage or any other loan components you have from the
▶ The interior maintenance, exterior maintenance and/or bank alongside your Home Equity Mortgage. If you acquire
structural condition of the home are ‘poor’ or ‘moderate’; a new partner, for example, you cannot add that new partner
and/or to the mortgage. You should bear in mind that heirs will be
▶ The valuer states that there are defects which could asked to repay the full outstanding amount of the debt if the
affect the value of your home; and/or longest living person who took out the debt dies. This could
▶ The anticipated costs for immediately necessary works mean that they have to sell the home whilst the new partner
to address overdue maintenance amount to more than is still living in it. It is however possible to remove someone
10% of the appraised market value; and/or from the mortgage, for example if one of the persons who
▶ The valuer has the impression that a structural survey took out the mortgage dies, or if you separate.
is necessary; and/or;
▶ The structural survey reveals that there is overdue 27.24 C
an I transfer my Home Equity Mortgage to another
maintenance; and/or home?
▶ The valuer observes severe damage attributable to the It is not possible to transfer (‘port’) your Home Equity
use of the property. Mortgage to another home. This means you cannot make
use of the portability arrangements as set out in Chapter
15 ‘Portability’.
Page 48 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
27.25 Can I repay all or part of my mortgage debt early? 28. Sustainable Mortgage (Duurzaam Wonen
You may always repay all or part of your mortgage debt Hypotheek)
before the end of the mortgage term.
28.1 What is a Sustainable Mortgage?
27.26 D
o I have to pay a compensation if I repay all or part of The Sustainable Mortgage is a loan component that is
my Home Equity Mortgage early? intended to help you make your home more energy
If you repay your mortgage debt early, it is possible that efficient. The available funds are paid to you via a building
you need to pay a compensation to the bank. fund account. You can only withdraw funds from the
building fund account if you have an invoice showing that
27.27 How does the bank calculate the compensation? you are using the money to make your home more energy
The bank will do this in the same way as for the other efficient. Article 1.b. of the Dutch Temporary Mortgage
mortgage types; see Chapter 14 of these Conditions. Lending Rules (Tijdelijke Regeling Hypothecair Krediet)
specifies the measures which qualify as increasing
energy efficiency. The list has been drawn up by the Dutch
Exception! government. The Sustainable Mortgage may only be used
You may repay up to 10% of the mortgage debt at any time without to pay for measures that are on this list. You will find more
incurring a compensation. However, with the Home Equity Mortgage, information at abnamro.nl
your debt increases. For this mortgage type, therefore, the bank uses
10% of the accrued debt at the time that you repay as a basis for the The Sustainable Mortgage can be a Level-Payment or
calculation. Straight-Line Mortgage. You will find more information
about the Level-Payment Mortgage and the Straight-Line
Mortgage in Chapters 22 and 23, respectively, of these
Conditions.
27.28 Can I withdraw an amount again after I have repaid it?
No, that is not possible. If you have repaid an amount, Loan and loan components
we will deduct it from your debt. You may take out a new Your mortgage can consist of one or more loan
Home Equity Mortgage loan component if you want to components.
withdraw some of your equity again at a later time.
If you want to do this, the bank will decide at that time Sustainable Mortgage loan component
whether it is possible. If you take out this mortgage, you have a ‘Sustainable
Mortgage’ loan component
27.29 C
an the bank request an increase in the amount of the
registered mortgage? Other loan components
When a Home Equity Mortgage is taken out, a right of Your mortgage from ABN AMRO can also consist of one or
mortgage is established on a home for a certain amount more loan components, each with a different mortgage type.
and registered with the Land Registry. When you take out In this chapter we call these ‘other loan components’.
the mortgage, the bank determines what the minimum
amount of the registered mortgage must be. If at any time
the registered amount is too low to cover the increasing Important term
mortgage debt, the bank may ask you to increase the When we use the term ‘this loan component’ below, we mean the
registered mortgage. You will in that case be liable to pay loan component ‘Sustainable Mortgage’. Where we are referring to
the costs of the civil-law notary. a different loan component, we will specify that.
27.30 D
oes the interest on the Home Equity Mortgage qualify
for mortgage interest tax relief?
In principle, the Home Equity Mortgage does not qualify 28.2 W
hat are the minimum and maximum amounts for
for interest deduction from your taxable income in box 1. which I can take out a Sustainable Mortgage?
This means that mortgage interest tax relief is not available. The minimum amount of a Sustainable Mortgage is €5,000,
This also applies in principle if you use the money to and the maximum is €25,000. If you have several Sustainable
modify your home. However, exceptions may apply. You Mortgage loan components, the original principals of these
should always contact your tax adviser if you use the loan components can together amount to a maximum of
Home Equity Mortgage for your own home. €25,000.
Page 49 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
28.3 Can I convert my Sustainable Mortgage to a different
mortgage type? You have or are buying a home. The value of the home is €200,000.
No, that is not possible. You cannot change the mortgage You borrow €185,000. Your loan of €185,000 is made up of several loan
type of your Sustainable Mortgage. components.
Loan component 1: €100,000 Level-Payment Mortgage
28.4 What type of interest rate will I pay for a Sustainable Loan component 2: €60,000 Interest-Only Mortgage
Mortgage? Loan component 3: €25,000 Level-Payment ABN AMRO Sustainable
You pay a fixed rate of interest for your Sustainable Mortgage
Mortgage, regardless of the tariff class into which your total
loan falls. This means that the interest does not depend on In total you are borrowing 93% of the value of the home. Your total
the ratio between the value of your home and the amount loan therefore falls into the tariff class for a loan of more than 90% of
of your loan. The interest rate does not change during the the value of the home. The amount of the Sustainable Mortgage does
term of the loan. You will find an overview of the current not count towards determining the interest rate (the risk premium(s))
interest rates for the Sustainable Mortgage at abnamro.nl for your other loan components. The loan amount without the
Please also read Articles 5.7, 6, 6.2, 6.4 and 8 for your other Sustainable Mortgage thus amounts to €160,000. That is 80% of the
loan components. value of the home. In this example, for your other loan components
(loan component 1 and loan component 2), you pay the interest rate
28.5 Can the interest rate I have to pay change before I applying for loans amounting to more than 65% and less than or equal
have signed the mortgage deed? to 85% of the value of the home. In this example that is 4.16%.
The interest rate stated in the interest rate offer for your
Sustainable Mortgage is the interest rate we will charge. Additional repayments
This applies even if the interest rate has changed at the If you repay an additional €15,000 on your ABN AMRO Sustainable
time you sign the mortgage deed at the office of the Mortgage, this has no effect on the interest rate applying for your
civil-law notary or, in the event of a withdrawal under an other loan components. This is because the amount of the
existing registered mortgage, when your first fixed-rate Sustainable Mortgage does not count towards determining the
period commences. interest rate (the risk premium(s)) for your other loan components.
Please also read Articles 6.1 and 6.2 to see what applies
for your other loan components.
Page 50 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
28.9 Does my building fund account have to contain a Your mortgage payment holiday applied to the interest
minimum balance? payments, repayments and any debited mortgage-related
No. The money from the Sustainable Mortgage remains in contributions or premiums. The total amount of monthly
the building fund account, including if the balance drops mortgage payments that you temporarily made from the
below €7,500. Please also read Article 12.15 to see the aforementioned mortgage loan is repaid via a Payment
options for a regular home improvement or new-build fund Holiday Mortgage loan component. You pay a fixed
account. amount each month.
28.10 Surplus at the end of the term of the building fund As you repay part of this loan component each month,
account? the amount of this loan component decreases each
If you do not use all of the money from the Sustainable month. The aim is to ensure that you have repaid this
Mortgage to make your home more energy efficient as loan component in full by the end of the Payment Holiday
set out in Article 1.b of the Temporary Mortgage Lending Mortgage.
Rules, we will use the money that remains as a repayment
on your Sustainable Mortgage loan component. It is In principle, the Payment Holiday Mortgage does not
not possible to have the money transferred to your own qualify for interest deduction from your taxable income
account or to use it to make a repayment on another loan in box 1. This means that the Payment Holiday Mortgage
component. Please also read Articles 12.16 and 12.17. may have income tax consequences. Please consult a tax
adviser about this.
28.11 Will my mortgage be assigned to a different tariff
class after an extra repayment on my Sustainable Loan and loan components
Mortgage? Your mortgage can be made up of one or more loan
Yes, that is possible. In that case, your total loan will be components.
assigned to a different tariff class. However, the amount
of your Sustainable Mortgage has no influence on the Other loan components
interest rate (risk premium) you pay on your other loan Your mortgage at ABN AMRO can also consist of one or
components. Please also read Article 14.9. more loan components, each with a different mortgage
type. In these conditions, we call these the ‘other loan
28.12 Portability components’.
The Sustainable Mortgage is not portable. This means you
cannot transfer the Sustainable Mortgage loan component
or the interest rate applying for this loan component to a Important term
new home. If you buy a new home, you must repay the When we use the term ‘this loan component’ below, we mean the
Sustainable Mortgage component. Please also read Chapter ‘Payment Holiday Mortgage’ loan component. If we are referring to a
15 to see what applies for your other loan components. different loan component, we will specify that.
Page 51 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
29.4 Does the amount of my Payment Holiday Mortgage
influence the tariff class of my other loan That is 4.16% in this example. You pay a fixed rate of interest for
components and the associated risk premium your Payment Holiday Mortgage, regardless of the tariff class into
percentage? which your total loan falls.
The total amount of your loan, including the amount
of the Payment Holiday Mortgage, counts towards Additional repayments
determining the tariff class into which your total loan If you repay an additional € 2,000 on your Payment Holiday
falls. The amount of the Payment Holiday Mortgage Mortgage, this has no effect on the interest rate applying for
does not count towards determining the interest rates your other loan components. This is because the amount of the
(the risk premium percentages) for your other loan Payment Holiday Mortgage does not count towards determining
components. You pay a fixed rate of interest of 0% for the interest rates (the risk premium(s)) for your other loan
your Payment Holiday Mortgage, regardless of the tariff components.
class into which your total loan falls. Please also read
Articles 5.3, 6.3 and 6.4.
Page 52 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
your loan component will not change. Please also read Conditions, under ‘Inspection, valuation/revaluation and
Article 14.5 for the options to repay your other loan checking’, include additional conditions that are applicable
components without being charged a fee. with regard to your duty to provide information.
30.5 D
uty to provide information under the Mortgage for
rental property
According to Chapter 17 ‘Duty to provide information’, the
bank may from time to time ask you for information that
it reasonably requires to provide its services, including
to determine your risk profile. As you do not live in the
property for which the Mortgage for rental property is
taken out, the bank may inquire into the occupancy every
year and ask you to submit written proof of the tenancy
agreement(s) concluded. Providing the information requested
is mandatory. The bank may also request a valuation report
or details regarding the property’s state of repair. You
must provide this information within a reasonable period
of time when so requested by the bank. Any costs to be
incurred are for your own account. The General Mortgage
Page 53 of 53 Conditions governing ABN AMRO Mortgage Types - Home Mortgage October 2023
abnamro.nl
General Mortgage Conditions
February 2015
General Mortgage Conditions
This is a translation of the original Dutch text and is furnished for the customer’s convenience only.
Definition Interpretation
Deed The notarial deed in which the Conditions are declared applicable, including the quotation attached to the notarial
deed and other notarial instruments that serve to supplement or amend the notarial deed.
Bank The party that provides the Loan and/or acts as mortgagee or pledgee under the Deed.
Mortgagor The party that mortgages or pledges property under the Deed.
Conditions These General Mortgage Conditions.
Loan A loan to which these Conditions are declared applicable.
Collateral All immovable property and rights in respect of which the Bank obtains or should obtain a mortgage right under the
Deed and/or the Conditions.
Debtor The person to whom the Loan is granted, who later becomes party to the Loan or who is designated as
Debtor in the Deed and, where there is more than one person, both individually and jointly.
Debt The total amount that the Debtor owes at any time to the Bank under the Loan by way of principal, interest or costs,
together with amounts owed to the Bank by the Debtor under the Deed or the Conditions in connection with the Loan
or the Collateral (such as default interest). In these Conditions, words used in the singular include the plural and vice
versa, unless clearly indicated otherwise. Where there is any conflict between provisions, the conditions specifically
agreed for the Loan take precedence, followed successively by the provisions of the Deed and the Conditions.
Article 2: Loan and payments (iii) if a periodic repayment has been agreed and it is
found that the Debt cannot be repaid on this basis
Monthly amount within the agreed term.
The Debtor must pay a monthly amount to the Bank each
month. The following provisions apply to this: Extra repayment and credit interest
a. The monthly amount consists of the agreed amounts The Debtor may possibly repay an extra amount on the
of interest and repayment. For the purposes of Loan over and above the agreed repayment. In such a
calculating the interest, a month is deemed to have case, the Debtor will continue to owe debit interest on
30 days and a year to have 360 days. The monthly this amount during the remainder of the current month,
amount can be increased by such further amounts as the but the Bank will in exchange pay him an equal amount
Debtor owes to the Bank in connection with the Loan. in credit interest. At the end of the current month, the
b. The monthly amount must always be paid on time, outstanding amount of the Loan will be reduced by
which means no later than on the first day following this credit interest and the extra amount that has been
the calendar month for which the monthly amount is repaid. With the exception of such cases, the Bank will
owed. By way of exception, the monthly amount for not reimburse credit interest on amounts received in
December must have been paid no later than on the respect of the Loan, unless agreed otherwise.
last working day of that month.
c. The monthly amount must be paid for the first time Costs in connection with the Loan
for the month in which the Loan is established. The The following costs are borne by the Debtor and must be
first monthly amount will be adjusted to take account paid in good time by the Debtor:
of the day of the month on which the Loan is a. the costs of granting the Loan and the costs of the
established. Deed, of the registration, alteration, renewal,
d. The monthly amount is reviewed: improvement and supplementation of the mortgage
(i) upon alteration of the interest rate; right and of the execution copy as well as the costs
(ii) after an extra repayment on the Loan; of cancelling the mortgage;
Consisting of:
General Banking Conditions 2017
Client Relationship Conditions
January 2024
General Banking Conditions 2017
This is a translation of the original Dutch text. This translation Article 1 - Applicability
is furnished for the customer’s convenience only. The original The GBC apply to all products and services and the entire
Dutch text will be binding and will prevail in the case of any relationship between you and us. Rules that apply to a specific
inconsistencies between the Dutch text and the English product or service can be found in the relevant agreement
translation. For the Dutch document “Algemene Voorwaarden or the specific conditions applicable to that agreement.
ABN AMRO Bank NV” go to abnamro.nl/voorwaarden
1. These General Banking Conditions (GBC) contain basic
As a bank, we are aware of our social function. We aim to rules to which we and you must adhere. These rules
be a reliable, service-oriented and transparent bank, which is apply to all products and services that you purchase or
why we, to the best of our ability, seek to take into account shall purchase from us and the entire relationship that
the interests of all our customers, employees, shareholders, you have or will have with us. This concerns your rights
other capital providers and society as a whole. and obligations and ours.
These General Banking Conditions (GBC) have been drawn 2. For the services that we provide, you shall enter into one
up in consultation between the Dutch Banking Association or more agreements with us for services (i.e services
(Nederlandse Vereniging van Banken) and the Consumers’ including also products) that you purchase from us.
Association (Consumentenbond). This took place within If an agreement contains a provision that is contrary to
the framework of the Coordination Group on Self-regulation the GBC, then that provision will prevail above the GBC.
consultation of the Social and Economic Council 3. If you enter into an agreement for a product or service,
(Coördinatiegroep Zelfreguleringsoverleg van de Sociaal- specific conditions may apply to the agreement. These
Economische Raad). Consultations were also held with specific conditions contain rules that apply specifically
the Confederation of Netherlands Industry and Employers to that product or that service.
(VNO-NCW), the Dutch Federation of Small and Medium- An example of specific conditions:
Sized Enterprises (MKB-Nederland), the Dutch Federation You may possibly enter into an agreement to open a
of Agriculture and Horticulture (LTO Nederland) and ONL current account. Specific conditions for payments may
for Entrepreneurs (ONL voor Ondernemers). apply to that agreement.
If the specific conditions contain a provision that is
Notice as of 1-1-2024: contrary to the GBC, then that provision will prevail
The Consumers’ Association has announced that the legal above the GBC. However, if you are a consumer, that
level of consumer protection is now so high that provision may not reduce rights or protection granted
agreements with sector organisations in two-sided to you under the GBC.
(= approved by the Consumers’ Association) general 4. The following also applies:
terms and conditions are no longer necessary. That is why a. You may possibly also use general conditions (for
the Consumers’ Association has terminated its example, if you have a business). In that case, the
connectedness to all two-sided general terms and GBC will apply and not your own general conditions.
conditions as of 1 January 2024. As of this date, the Your own general conditions will only apply if we
Consumers’ Association is no longer engaged in these have agreed that with you in writing.
terms and conditions. This applies not only to this ABV, but b. You may (also) have a relationship with one of
to all approximately sixty two-sided general terms and our foreign branches. This branch may have local
conditions agreed with sector organisations. conditions, for example, because they are better
geared to the applicable laws in that country. If
The GBC will enter into force on 1 March 2017. The Dutch these local conditions contain a provision that is
Banking Association has filed the text with the Registry of contrary to a provision in the GBC or a provision in
the District Court in Amsterdam under number 60/2016 on the Dutch specific conditions, then in that respect
29 August 2016. the local conditions will prevail.
Article 17 - Information and orders 1. Checking data and the execution of orders.
Information that we require from you for our services. If you make use of our internet banking, we can
Our relationship with you may result in taxes, levies and 1. We would very much like you to be satisfied with the
such. You are required to compensate us for them. They providing of our services. If you are not satisfied, do
may include payments that we must make in connection inform us of this. We will then see if we can offer a
with the services that we provide to you (for example: a suitable solution. Information about the complaints
fee owed to the government when establishing security procedure to be followed can be found on our website
rights). Mandatory law or an agreement with you may and is also available at our offices.
result in some other outcome. Mandatory law is the law 2. Disputes between you and us shall only be brought
from which neither you nor we can depart. before a Dutch Court. This applies when you appeal to
a court as well as when we do so. Exceptions to the
Article 30 - The form of notifications above are:
How can you inform us? a. If mandatory law indicates a different competent
court, this is binding for you and us.
If you want to inform us of something, do so in writing. b. If a foreign court is competent for you, we can
We may indicate that you may or should do this in submit the dispute to that court.
another manner, for example, through internet banking, c. You can refer your dispute with us to the competent
by e-mail or telephone. disputes committees and complaint committees.
1. Definitions
The following definitions are used in these conditions:
Term Definition
General Conditions of the entirety of the applicable conditions comprising the General Banking Conditions and the Client
ABN AMRO Bank N.V. Relationship Conditions of the bank.
Banking Service service, product, advice or facility (in the widest sense of the word) provided by the bank for the benefit of one or more
of its clients.
Communication notice, statement or other exchange of information.
Communication Channel channel or method by which Communication can take place (e.g. telephone, the Internet, post or verbal contact).
Client’s Electronic Domain secure electronic environment made available by the bank to an individual client for the exchange of Communications
between that client and the bank.
Form standardised paper or electronic document made available by the bank for use in sending a Communication to the bank.
Client Identifier means by which a natural or legal person can identify himself/ herself/itself as a client, or representative of a client,
during an exchange of Communications (examples include passwords, codes, signatures, legal proof of identity, other
data, characteristics and/or procedures, whether or not in combination).
Bank Statement a Communication in which the bank informs the client of transactions, entries and/or other data concerning the client
that are recorded by the bank.
Client Relationship these conditions
Conditions
Terms used in the singular in the Client Relationship If an agreement concerning a Banking Service is
Conditions include the plural and vice versa (unless terminated, the applicable specific conditions will
the context requires otherwise). continue to apply to the winding-up of the relationship.
In so far as provisions may conflict, the provisions of the
2. Applicable conditions applicable specific conditions will take precedence,
The Client Relationship Conditions apply to all existing followed successively by those of the Client Relationship
and future legal relationships between the bank and the Conditions and those of the General Banking Conditions.
client, in so far as not provided otherwise in agreements
and/or in specific conditions. If the relationship between The bank determines through which of its branches or
the bank and the client is terminated, the General Conditions other sales channels it provides Banking Services, and is
of ABN AMRO Bank N.V. will continue to apply to the entitled to set further rules or impose further limitations
winding-up of the relationship. in this regard and to alter them from time to time.
Banking Services are also governed by specific conditions 3. Orders, obligations and performance
applied by the bank for the relevant Banking Service. Unless agreed otherwise, the bank will perform its due
These specific conditions are made available to the client and payable obligations resulting from an order received
in connection with the relevant Banking Service. The from the client within a reasonable period after the client
bank may refuse to provide Banking Services to the client has requested execution of the order. The client may only
and may also attach further conditions to the provision validly retract a notification requesting the bank to execute
thereof. Unless agreed otherwise, the bank may terminate an order with the cooperation of the bank. If the client
Banking Services or alter the specific conditions applicable requests that the bank not execute an order, the bank
to them. will endeavour to prevent execution in so far as can
reasonably be expected of it. If the bank does not
succeed, the execution which nonetheless takes place
will be for the account and risk of the client.