Illness, like age, has long been an obstacle to obtaining a mortgage. Things have changed with the recognition of the right to forget. Thanks to the Aeras agreement, this right has been reinforced.
When it comes to mortgages, insurance is essential. And in the case of someone who has (or has had) a health problem, this can be an obstacle to obtaining the funds needed to carry out their plans. Since the adoption of the 2015 health modernization law, the Aeras agreement (s'Assurer et Emprunter avec un Risque Aggravé de Santé) and the right to be forgotten have made the process easier, under certain conditions.
Extension to juvenile cancers
From September 1, 2020, no medical information on a cancer can be requested 5 years after the end of treatment for a cancer diagnosed before the age of 21. Previously, this right to be forgotten after 5 years was limited to people who had cancer before the age of 18. From now on, there is no need to declare the disease:
- in the case of cancer diagnosed before the age of 21, provided the treatment protocol has been completed at least 5 years previously and there has been no relapse
- in the case of cancer diagnosed after the age of 21, provided the treatment protocol has been completed at least 10 years previously and there has been no relapse.
When forgetting is a right
Thanks to the Aeras agreement and the right to forget, omitting something concerning your health is not an unforgivable fault. It's even a right that allows you to "erase" from your medical file any information relating to cancer or a serious pathology: hepatitis C, leukemia, HIV infection, cystic fibrosis... This list is not set in stone and is constantly evolving in line with medical advances.
The right to be forgotten is subject to the nature and stage of the disease, as well as to the period of time after the end of the therapeutic protocol without relapse. This period varies according to the age at which the disease was diagnosed and the time between the end of treatment and the date of application for the loan. In addition to these medical details, the loan must be for the purchase of a principal residence, and the amount must not exceed €320,000. The borrower must be under 70 years of age on the mortgage maturity date.
The essential health questionnaire
When taking out a mortgage, the bank will ask all borrowers to complete a health questionnaire. This is used to assess risks and determine the insurance premium accordingly. There are several possible scenarios:
- the borrower is covered by the "droit à l'oubli" (right to be forgotten): he or she does not have to declare his or her illness or stage. They will then be insured under normal conditions, i.e. without any additional premium.
- the borrower is not concerned by the right to be forgotten, but his or her pathology is included in the reference grid of the Aeras agreement. In this case, they can hope to take out insurance on almost normal terms.
- the borrower has an aggravated health risk and is not covered by either the right to forget or the reference grid (diabetic, cardiovascular disease, etc.). The lending institution cannot apply a normal rate and will consider that the "risk" is higher than for a borrower in good health.
Good to know: insurance companies are obliged to inform borrowers clearly and precisely about the "right to forget" protocol. Depending on the illness they have suffered, borrowers are informed of the conditions and deadlines under which they can consider taking out a mortgage without fear of being subject to an additional premium or exclusions of cover.
Marie-Christine MENOIRE