Existing Mortgage When Transferring Moshav Estate To Child

Existing mortgages do not necessarily prevent the transfer of agriculural holding to the child, but it changes the entire order of operations. Before signing one should check who is the borrower, what is registered as a bond, whether the bank is ready for transfer, and what Israel Land Authority (ILA) and the Cooperative Association require so that the rights are transferred without leaving debt or safety unregulated.

When parents are planning an intergenerational transfer, it is best to connect the family examination withLegal support in agricultural holdings, agricultural moshavim and farmsand examine the move within the broad framework ofAgricultural holdings, agricultural moshavim and farmsIn the agricultural holding in the moshav, a mortgage is not only a banking matter; it can affect the registration of rights, the agreements between children and the child's ability to receive the actual agricultural holding.

The short answer

Usually a clear position should be obtained from the bank prior to the transfer of rights. If there is a mortgage or mortgage registration obligation, the bank may require repayment, loan cycle, replacement of borrowers, new safety or signature of the child receiving the agricultural holding.

The dangerous mistake is to sign a family transfer agreement and only afterwards find out that the bank is not willing to release the parents or approve the registration. In such a situation the transfer may be stuck between a family agreement and an unchecked financial barrier.

What to check against the bank

The examination begins with the loan documents: who is the borrower, who are the Arabs, what is the balance of the debt, what property is enslaved, and whether the lien is registered only on the residence or on all the rights in the agricultural holding. It should also be checked whether there is a mortgage registration obligation with Israel Land Authority (ILA) or in the Association documents.

Then check what the bank is willing to approve. Sometimes it will agree that the child will step in in the parents' shoes and take on the loan. Sometimes it will require a full repayment before transfer. In other cases a mortgage cycle will be required, a refundability test or a signature on new safe documents.

How it affects Israel Land Authority (ILA) and the Association

In agricultural holdings and moshavim, the transfer of rights is not only carried out with the bank. Israel Land Authority (ILA) and the Cooperative Association may require permits, documents and clarification that there is no impediment to the transfer of rights. If there is a commitment in favor of a bank, it cannot be ignored even if the parents and child agree.

For example, if the parents want to transfer the farm to one child and the mortgage still stands in their name, it is necessary to decide whether the child is in debt, whether the debt is offset by compensation to the siblings, and whether the parents remain exposed to the bank after the transfer. These are legal, family and financial questions together.

What should be settled in the family agreement

• Who is responsible for the mortgage balance on the day of the transfer.
• Does the child receiving the agricultural holding take away the debt or does the parent break it before the transfer.
• What happens if the bank does not approve a borrower swap or a safe release.
• Does debt affect brotherly compensation or other family division?
• Who pays early repayment fees, mortgage turnover, safe registration and bank approvals.
• Is the transfer conditional on the approval of a bank, Israel Land Authority (ILA) and the Association before the agreement comes into force?

Where it actually stuck

Transfer transactions get stuck when the family considers the mortgage to be a technicality. In practice, a bank that does not approve the change of the borrower or the release of the parents can stop the registration. Even a relatively small balance of debt can create a problem if it is listed on the rights that are supposed to be transferred to the child.

Another problem arises when the other children realize too late that the child who received the agricultural holding received both an asset and an unclear obligation. If one does not pre-determine how to calculate the debt against the agricultural holding value, a dispute develops over compensation, net worth and the question of who actually bore the economic burden.

Common Mistakes

The first mistake is to assume that it is possible to transfer the agricultural holding to the child and the mortgage will continue to run as before. The bank is not a marginal party; it is a secure owner, and sometimes its consent is a practical condition for completing the move.

The second mistake is not to check whether the parents remain in debt to the bank after the transfer. The transfer of rights to the child does not necessarily free the parents from personal liability, and a clear document on the matter should be obtained.

The third mistake is not to connect the mortgage with the family compensation. If one child gets agricultural holding with a debt, one has to understand whether the debt reduces the value of the right he received or if it is a separate commitment that the family should settle.

When to contact a lawyer

It is worthwhile to seek advice before contacting the bank with a formal request and before signing any transfer agreement. At this stage, you can check the rights documents, mortgage documents, Israel Land Authority (ILA) requirements and the association and the implications for the other children.

When there is already a draft agreement or family agreement, it is important to make sure that the agreement includes clear terms for bank approval, repayment or loan cycle, and release of parents as needed. Otherwise the family may remain with a beautiful agreement, but without being able to complete the actual registration.