When you want to buy a home, a CIS registration is one of the biggest obstacles you can encounter during your mortgage application. Many people only discover that they are registered in the database of Stichting CIS (Centraal Informatie Systeem — Central Information System) when they try to obtain financing. Such a registration can have far-reaching consequences, ranging from a higher interest rate to a complete rejection of your mortgage application. In this article we discuss everything you need to know about the relationship between a CIS registration and obtaining a mortgage. We explain what the registration entails, why mortgage lenders consult this database, and above all: what steps you can take to have an incorrect registration removed so that you can still obtain your mortgage. With the right legal assistance there are often options to improve your situation.
What exactly is a CIS registration and how does it arise?
A CIS registration is an entry in the national database of Stichting CIS. This foundation manages data for virtually all insurance companies in the Netherlands. The primary purpose of this database is to control risks and prevent fraud within the financial sector. If you have been involved in an incident relevant to insurers, such as a large claim or a suspicion of fraud, this can lead to a registration. Not every registration means you have committed fraud; ordinary claims are also recorded. However, heavier registrations, such as an entry in the Extern Verwijzingsregister (EVR), have a significantly greater impact. Insurers and financial institutions consult this database structurally to assess whether they run an unreasonable risk by doing business with you. A CIS registration can therefore cause problems when taking out a new insurance policy and when applying for a mortgage. The nature and severity of the registration largely determine the consequences for your financial future.
The impact of a CIS registration on your mortgage application
The impact of a CIS registration on your mortgage application can be substantial. When you apply for a mortgage, the lender conducts a very thorough investigation into your financial background, payment behaviour and overall reliability. This investigation includes not only the well-known BKR check (BKR — Bureau Krediet Registratie), but also a check in the CIS register. If this check shows that you are registered, the lender will immediately raise critical questions. In the worst case, for example with an EVR registration due to suspected fraud, the mortgage application will be rejected almost immediately. Mortgage lenders are extremely cautious about granting loans to persons considered a heightened integrity risk. Even if the registration is not directly related to fraud, it can arouse significant mistrust. The lender may simply decide that you do not meet their strict acceptance criteria. This means your dream of buying a house can come to an abrupt halt.
Why do mortgage lenders check the CIS register?
Mortgage lenders check the CIS register primarily to minimise their financial risks and to comply with legal obligations. A mortgage is a long-term loan with considerable financial value, often with a term of thirty years. The lender wants to be assured throughout this entire period that the borrower will meet his financial obligations punctually. By consulting the database of Stichting CIS they can get a much better picture of the applicant’s behaviour and integrity. If an applicant has previously been involved in insurance fraud, the statistical likelihood is higher that this person will not be fully truthful about income or debts in a mortgage application. Moreover, mortgage lenders are bound by very strict statutory duties of care and regulation. Checking fraud registers such as the CIS and the incident register helps them meet these heavy supervisory obligations. It is therefore not the lender’s aim to obstruct you personally, but to ensure responsible lending.
Difference between a general CIS registration and an EVR registration
It is crucial to understand the fundamental difference between a general CIS registration and an EVR registration, since the practical consequences vary greatly. A general registration can already occur when you simply file a car damage claim or when your insurance is terminated due to a temporary non-payment. These types of registrations are generally less severe and do not always constitute an insurmountable obstacle to obtaining a mortgage. An EVR registration (Extern Verwijzingsregister) is, by contrast, the most severe form of registration within the financial sector. You are entered in it when there is proven fraud, intentional deception or other seriously reprehensible conduct. An EVR registration is visible to all affiliated financial institutions in the Netherlands and almost always leads to immediate exclusion from all financial services, including mortgages. The criteria for inclusion in the EVR are legally very strict: the insurer must have convincing evidence and the registration must be absolutely proportionate. Unfortunately, insurers regularly make mistakes in practice when applying these tests, causing people to be wrongly placed in the EVR.
Is it possible to obtain a mortgage with a CIS registration?
Whether it is actually possible to obtain a mortgage with an active CIS registration depends entirely on the specific nature and severity of the registration in question. With a light, general registration, such as an ordinary claim or a short payment arrear that has since been fully remedied, mortgage lenders are often willing to look at the overall picture. With a good, honest explanation from you and an otherwise sound financial profile, obtaining a mortgage in these cases is often still possible. However, when it concerns a serious EVR registration, the situation is considerably more complex and often hopeless without legal intervention. Virtually all regular mortgage lenders will immediately reject an application as soon as they find an EVR registration in the system. The most effective and sustainable way to solve this problem is to legally challenge the registration and have it removed before you submit the mortgage application. This significantly increases your chances of approval and prevents you from facing unnecessary refusals.
How can you have an incorrect CIS registration removed?
If you believe your CIS registration has been placed incorrectly, or if its consequences have become disproportionately heavy for your personal life and future plans, you can take targeted steps to have it removed. The very first step is to formally request your own data from Stichting CIS so that you know exactly and in detail what is registered and by which specific party. You must then submit a comprehensive and well-reasoned request for removal to the insurer or financial institution responsible for placing the registration. In this request you must convincingly demonstrate why the registration is incorrect, incomplete or now disproportionate. It is extremely important here to present the correct legal arguments and, where possible, to provide conclusive evidence that supports your account. If the insurer stubbornly refuses to remove the registration, you can file an official complaint with Kifid (Klachteninstituut Financiële Dienstverlening — the Netherlands Financial Services Complaints Institute) or bring the case directly before the competent civil court. Because the legal thresholds in these procedures are high, it is strongly recommended that you be assisted by an experienced lawyer.
The role of a specialised lawyer in removal
The role of a specialised lawyer is often decisive in practice when successfully removing a persistent CIS registration. Insurers have large, specialised legal departments and will almost never quickly grant a request from an individual private person without strong, professional counterpressure. A specialised lawyer knows exactly which very strict statutory requirements a registration must meet. For example, the insurer must demonstrate beyond doubt that the principles of proportionality and subsidiarity have been strictly observed. This means the registration must not be heavier than strictly necessary and that no less severe measure was available to achieve the aim. Our lawyers review your entire file with extreme scrutiny, detect procedural errors or carelessness by the insurer with precision and formulate a very strong legal defence. We take the complex and often emotional communication with the insurer entirely out of your hands and place the appropriate legal pressure on them to have the registration seriously reconsidered. If an amicable solution outside court is not possible, we litigate sharply and purposefully before Kifid or the civil court. Our extensive litigation experience in this very specific area of law enables us to quickly and accurately assess the real prospects of your case, so you know exactly where you stand.
Frequently asked questions
Can I get a mortgage with an EVR registration?
Obtaining a regular mortgage with an active EVR registration is in current practice virtually impossible. Almost all banks and mortgage lenders will immediately reject your application because of the substantially increased risk they associate with such a registration. The only and best route is to take legal steps to challenge the registration and have it removed before submitting your mortgage application.
How much does hiring a lawyer to remove a registration cost?
The costs vary depending on the complexity of the case and whether proceedings are actually necessary at Kifid or the court. At Arslan & Arslan Advocaten we always discuss the expected costs very clearly in advance. In some cases you may be eligible for state-funded legal aid (een toevoeging) or your lawyer’s fees may be fully covered by your own legal expenses insurance.
How do I know if I have a CIS registration?
You can request your own data from Stichting CIS free of charge at any time. Via their official website you can easily submit an access request using your identity document. Within a few weeks you will receive a complete overview of any registrations, including the exact nature of the registration and the party that placed it. This is the first and most important step if you suspect a registration is preventing your mortgage application.
Also read
- CIS registration: what is it and how do you remove it?
- EVR registration: difference with CIS explained
- BKR registration and mortgage – still possible?
Need help?
Is a CIS registration hindering your mortgage application and do you want to know exactly what your legal options are? The experienced specialists of Arslan & Arslan Advocaten are ready to assist you immediately. We have extensive and proven experience in successfully challenging and removing incorrect or disproportionate registrations in the CIS and EVR registers. Do not wait any longer and take control of your financial future today. Contact us for a free initial consultation and find out how we can help you achieve your housing goals without impediments from the past.
Need help? Our BKR lawyer will be happy to assist you. Contact us without obligation for a free initial advice.
