can the bank still force me to fill out a health questionnaire?

Can I be forced to complete a medical questionnaire when my mortgage falls within the scope of the Lemoine law, supposed to cancel it for loans under 200,000 euros?

Question by Melinda, asked on November 23, 2022

Hello, I intend to take out a mortgage for the purchase of my main residence and the bank confirms to me that I must fill in a health questionnaire for the borrower’s insurance when I am 31 years old, that the part borrowed regarding me is 120,000 euros . (out of a total loan of 236,000 euros with a co-borrower) and that the term of the loan is 20 years, i.e. an end to repayment before I turn 60.

According to these elements, I should no longer have to fill out a health questionnaire. Can the insurance and the bank still impose it on me? If they usually can’t enforce it and I don’t disclose that I smoke (because it increases insurance costs), is that considered a misrepresentation if I have problems later? Thanks for your comeback.

Hi Melinda,

Actually some real estate loans is no longer covered by the health questionnaire, since 1 June for new loans and since 1 September for existing loans. It is the consequence of the law of 28. February 2022 on fairer, simpler and more transparent access to the loan insurance market, also known as the Lemoine Law. It is clear that this law signs at the end of the medical questionnaire, provided that the insured part on the cumulative outstanding amount of credit contracts does not exceed 200,000 euros per and that the mortgage is repaid before the borrower turns 60.

In connection with a loan of 120,000 euros over 20 years for a 31-year-old borrower, there are therefore, among other things, in theory no need for a health questionnaire. However, other information is taken into account. In your case, you explain that the total amount borrowed for the purchase of your main residence is 236,000 euros. When buying a main home, however, banks often ask, especially for first-time buyers or for households with more modest incomes, that each co-borrower must be 100% insured, as explained by Scurimut MoneyVox in a previous article. In this case, we often talk about 200% coverage. Which in this case it means each borrower is insured for the entire loan, i.e. 236,000 euros. A loan over 200,000 euros therefore, which explains the presence of the health questionnaire.

Your projects at the best price thanks our comparison of consumer loans

In connection with 50-50 or 60-40 insurance, can the bank still decide to make me complete a health questionnaire? Article 10 of Act No. 2022-270 of 28 February 2022 provides that the insurance company may not request information regarding the state of health or medical examination of the insured, provided that the insured part of the total outstanding credit contracts does not exceed €200,000 per insured. If the bank asks for a health questionnaire, you therefore have the right to refuse it, the bank cannot legally impose it on you.

Regarding the second part of your question, it’s better not to lie on your lender’s insurance statement. In fact, Article L113-8 of the Insurance Code determines the invalidity of the insurance contract if it turns out that the insured has given deliberately misleading answers to specific questions. It is extremely dangerous, it is really better not to lie. When you make a false statement to the insurance, the insurance company has the option not to take care of your claim and not return the collected contributions, confirms Ccile Roquelaure, spokesperson for the broker Empruntis. Better to avoid lying and simply refuse to answer the health questionnaire.

Home Loan: What Are You Likely To Lie On Your Borrower’s Insurance Statement?

Leave a Comment