Bridging loans can be helpful for short-term financial needs, but they ome with significant risks. A bridge may be a tempting solution for quick access to cash in the UK property market. However, these loans come with higher interest rates and short repayment terms which can quickly turn a lifeline into a financial burden.

What will happen on your specific bridge agreement? Do you understand the risks of repayment pressure and exit strategy? We explore below the importance of seeking professional legal advice before taking out a bridging loan. A solicitor can:

• Help you understand the complex terms and conditions of the loan agreement.
• Identify potential risks and pitfalls associated with the specific loan offer.
• Develop a sound exit strategy for repaying the loan.
• Represent you in case of disputes with the lender.
• Taking a bridging loan can be a risky business. Protect your interests by seeking expert legal guidance.

Six Key Dangers in UK Bridging Finance

Checklist of Points to Consider

• Carefully assess your financial situation before taking out a bridging loan.
• Ensure you have a realistic exit strategy in place.
• Shop around for the best possible interest rate and terms.
• Seek professional financial and legal advice before proceeding, especially if you are unsure about the risks involved.

Case Study: Bridging to Avoid Repossession

Imagine you own a property valued at £300,000, but you’re struggling with a mortgage debt of £150,000, including £15,000 in arrears. Feeling overwhelmed and desperate to avoid losing your home, you seek advice from financial experts. Bridge loans are presented as a possible remedy, offering to repay the £150,000 to your mortgage lender and providing temporary relief from the threat of repossession.

Appeal vs Risk of Bridge Loans

At first glance, bridge loans seem like a lifeline. They promise quick access to funds, allowing you to pay off your existing mortgage and buy time to resolve your financial situation. However, the devil is in the details, and those details can lead to dire consequences.

Typical Bridging Costs

• Compound Interest Upfront: Bridge loans typically come with compound interest upfront. Imagine a 1% monthly interest rate compounded over 12 months. Within a year, your initial loan amount of £150,000 balloons to approximately £182,000. Suddenly, your monthly payments increase significantly compared to your original mortgage.

• Administration Fees and Broker Fees: On top of interest, bridge loans often involve administration fees and broker fees. These costs add up quickly, further increasing the total loan amount.

• Default Fees and Default Interest: If you miss a payment or fail to repay the loan on time, default fees usually kick in. Lets say a 3% default fee followed by a steep 3% per month default interest rate – these can quickly escalate your outstanding balance.

Importance of Independent Legal Advice

By the 18-month mark, your outstanding balance could reach an overwhelming £208,815. Refinancing the property becomes nearly impossible, and selling it becomes the only viable option. However, the process of selling takes time, and with each passing month, the costs continue to escalate. Your equity dwindles, and the financial nightmare intensifies.

It’s important to recognise that this is a known risk from the outset that you must understand and is specific to your case. It is critical to get independent legal advice to understand the range of possible loan exits. While bridge loans may offer temporary relief, homeowners must weigh the risks carefully. Hidden costs can turn what seems like a solution into a financial trap. Before considering a bridge loan, explore alternative options, seek professional advice, and understand the long-term implications.

Our experienced legal team is well-versed in banking and securities law, with practical knowledge of unregulated bridging loans. We advocate for our clients by negotiating with banks, mortgage brokers, or advisors as needed to protect their interests. If legal action becomes essential, we’re prepared to implement effective strategies. Don’t allow a bridging loan to jeopardise your most valuable asset without understanding the risks properly.

What Are Bridging Loans?

Bridging loans are short-term financing solutions, typically lasting less than 18 months. They are secured against a property and offer quick access to cash. Property buyers often use bridging loans to bridge the financial gap between selling their current property and purchasing a new one. 

However, these loans are generally considered a last-resort option due to their higher interest rates compared to traditional mortgages. 

Specialised finance companies, advisors, and mortgage brokers usually provide bridging loans, rather than mainstream banks. It’s important to note that failure to repay a bridging loan can result in repossession of the property and significant financial consequences. 

What is the difference between closed and open bridging loans?

Closed and open bridging loans have distinct repayment terms.

A closed bridging loan has a predetermined repayment date, typically within a few months, making it suitable for borrowers with specific plans, such as waiting for property sale.

Conversely, an open bridging loan lacks a fixed repayment date, offering flexibility for repayment once long-term financing is secured or the property is sold. Open bridging loans are preferred by borrowers anticipating delays in funding or finalising property transactions.

Usually in the UK only closed bridging is made readily available.

Who Faces Risks with Bridging Loans?

Homebuyers and property developers often turn to bridging loans to facilitate property purchases or development projects. However, borrowers may encounter difficulties if their plans do not proceed as expected:

• Homebuyers: Those using bridging loans to purchase a new property before selling their existing one may face challenges if the sale does not occur promptly. Delayed sales can result in high interest rates on the bridging loan, posing financial strain.
• Property Developers: While bridging loans are commonly used for development projects, delays or complications in the project can increase the risk associated with the short-term nature of the loan.
• Business Owners: Seeking bridging loans for working capital or expansion purposes, business owners may encounter obstacles if their business fails to generate anticipated revenue within the loan term.

Many bridging loans end up in default because borrowers underestimate the high interest costs. It’s crucial to carefully consider your options before choosing bridging finance. We strongly recommend seeking professional advice to avoid putting your finances and home at risk. 

Our London-based Financial Services Litigation team includes experienced Solicitors and Barristers who specialise in mis-selling cases. We represent SMEs, high net worth individuals, and companies in significant bridging finance mis-selling disputes. Our successful cases, often featured in the media, reflect our expertise. We have effectively handled mis-selling court litigation against major UK banks and regulated financial advisers. 

Why are bridge loans risky?

While personal bridging loans are regulated by the Financial Conduct Authority (FCA), commercial loans secured against investment properties are not. As a result, commercial bridging loans function in an unregulated setting. Certain lenders may request the incorporation of a company as a condition for securing a bridging loan, hinting at possible hidden fees within the unregulated lending process. 

The primary issue with a bridge loan lies in its short-term nature. Unlike mortgage arrears, where eviction is not immediate, with a bridge loan, eviction occurs because the loan term has expired, and the entire debt must be repaid—failure to do so puts borrowers in a unstable situation. 

The difference between an expired bridge loan and a typical mortgage lies in regulation which includes as to repossession actions. While a regular mortgage provider is forced to allow time for resolution proposals, bridging loan companies can act swiftly to recover their loans. In some cases, they escalate matters to the high court to expedite the eviction process. 

Timely consultation with specialised bridging loan lawyers is essential. Delaying could lead to the lender seizing your equity through default interest and legal expenses. Our legal team comprises experts in insolvency and winding up petitions. If our clients face winding up proceedings or the appointment of receivers due to a mis-sold bridging loan, we can promptly offer assistance and guidance. 

What are the risks of UK Bridging Loans?

Bridging loans can be risky. They come with fees on top of the loan amount, which can add up quickly, especially if you can’t repay the loan on time. The interest rates are also high, and they can increase even more if you don’t repay on time. This can make it difficult to repay the loan in the long run. If you’re already having financial trouble, a bridging loan could make things worse. You might end up losing your property, which is the opposite of what you wanted to achieve with the loan. In many cases, people don’t take into account all the costs and how they will repay the loan before taking out a bridging loan. It’s important to consider all your options before deciding on this type of loan, and it’s wise to talk to a professional for advice.

What happens if you default on a bridge loan?

1. Repossession of Valuable Asset: Bridge loans are secured by valuable assets, such as real estate. If you default on the loan, the lender may repossess the property or asset used as security. While repossession is typically a last resort, it remains a significant risk.

2. Adverse Costs: Defaulting can lead to additional costs. Lenders may charge fees, penalties, and interest for missed payments. These costs can quickly escalate, making it even more challenging to repay the loan.

3. Legal Actions: Creditors have legal options to compel repayment. These may include county court judgments, statutory demand letters, and, in extreme cases, winding-up petitions that could force your company into liquidation.

4. Risk of Losing Your Home: If your bridge loan is secured against your home, defaulting could result in the loss of your property. It’s crucial to communicate with your lender if you’re facing difficulties to explore alternative repayment options.

We are experienced Statutory Demand solicitors with expertise in both issuing and defending statutory demands. Our specialised winding-up petition lawyers excel in defending winding-up petitions. We provide advice on the specific merits and drawbacks of your case and offer assistance in opposing winding-up petitions or defending against statutory demands. 

Legal protection against eviction and Bankruptcy

When borrowers face eviction due to bridge loans, it’s essential to understand their legal rights and seek professional advice. If you’ve experienced bankruptcy and received help from a claims management company, or if you’ve obtained bridging finance to settle debts during bankruptcy and pursue an annulment, you may be struggling to repay the loan due to its steep interest rates. As specialised bridging loan lawyers, we can support you in resolving disputes with the lender, broker, or adviser. 

You can check out our guide on Bankrupt disputes against bridge lenders and annulment advisers.

Understanding Bridging Loan Risks

Understanding the terms and potential pitfalls of bridging loans is essential for informed decision-making. Here are some essential considerations before engaging with bridge loans.

Consult with a Bridging Loan Solicitor:

Engage a specialist bridging loan solicitor who can guide you through the complexities of the loan process. Ensure all necessary legal documentation is in order to minimise the risk of legal issues arising.

Our team of Mis-sold Bridging Loan Lawyers consistently achieves favourable outcomes. We provide expert senior legal counsel from solicitors and barristers, ensuring strategic decision-making from the outset. Regional solicitors’ firms often seek our specialised litigation advice and support for mis-selling cases.

Borrower Protection:

Read the terms and conditions associated with any bridge loan offer carefully. Remember that bridge loans are secured with your existing property, and a lender can foreclose on that property if payments aren’t met. Unfair treatment and fees can and should be challenged – for more information see our guide “Bridging Loans: When are interest rates & charges unfair?“

Take Action Swiftly:

Bridge loan companies may escalate cases to expedite eviction. Consult with legal professionals promptly to protect your interests and explore potential solutions.  Explore our successful case studies and discover how we provide prompt guidance and best practices on bridging loans. As a leading legal team, we strive for excellence.

Read more about our Bridging Dispute Litigation.