Month: January 2023
The different choices available to Canadians struggling to fulfill their financial mortgage obligations is determined mostly by what type of lending procedures are practiced in their province. Properties in Ontario, Newfoundland, New Brunswick or Prince Edward Island have mortgage agreements that initiate the primary recoupment process using the power of sale. In the provinces of Manitoba, Quebec, Alberts, Saskatchewan and British Columbia, the courts supervise a Judicial sale to recover the money owed. Although it is referred to as a Mortgage Foreclosure in Nova Scotia, the method is essentially the same as a Judicial sale. In Ontario, both options are available to financial institutions who are facing delinquent payments.
The power of sale provision in the mortgage contract gives all those who sign the contract a personal liability on the loan and can be done without a court’s involvement. Fifteen days following the borrower’s notification of the mortgagee’s intention to enforce the power of sale, communications are sent to anyone with an interest in the home, such as statutory lien holders, advisors or claimants of any subsequent encumbrance. Timing is dependent on whether the power of sale agreement is contractual, giving the borrower 35 days to remit the full amount — or a statutory power of sale which allows the borrower 45 days to sell the property and pay the balance.
Lenders are not able to proceed with their collection until this redemption stage is completed. This gives the borrower a opportunity to sell the property on the open market and clear the mortgage in full from the proceeds. This allows the borrower a chance to liquidate the property on the open market and with the proceeds repay the lender in full. The conditions of power of sale demand that both parties attempt to get the largest possible selling price with a paper trail to prove it or face legal action. If you are unable to recuperate the full amount of the equity in your house, the legal action can be taken from the lender for the balance.
As the name implies, a Judicial sale demands that the mortgage holder apply to the court to be allowed to sell the property. The judge then mediates the discussions between the mortgage holder and mortgagee, assigns a timetable for a resolution and mediates any disagreements that arise. The emission of an order absolute by the courts relieves the mortgagor of needing to be accountable to the lender’s ability to reclaim the entire amount owed from the liquidation of the house. With an order absolute, any other lenders or second mortgages have to be compensated from the sale of the property by the primary mortgage holder.
The idea of both mortgage procedures — the power of sale and Judicial sale — is to allow the mortgagee a fair chance to keep their house by settling the overdue amount. If further money cannot be secured under this timeline, payment extensions can sometimes be discussed or a longer redemption period allowed before the home is given to the lender.
Below is a list of important changes that are brought with the new mortgage law in Turkey:
New Mortgage Products
Before the mortgage law, it was only possible to lend home loans at fixed interest rates. The law introduced floating interest rates (or a combination of fixed and floating rates) as an additional mortgage type. In floating rate loans, the interest rate is determined from the sum of a fixed margin that is determined by the lender and the inflation rate as measured by the Consumer Price Index. This way banks do not have to face the interest rate risk on their own and may share the risk with the borrowers. In summer of 2007, some banks started to offer variable interest rate loans but so far there does not seem to be much interest in this new type of mortgages and more than 99.9% of the loans are still fixed-interest rate mortgages.
Tax Benefits
Before the law passed on March 2007, there were some plans about providing tax relief to borrowers, however, the only tax relief mortgage law provided was a minor 5 percent Banking Insurance Operating Tax (BSMV) exemption and abolishment of several other smaller operating fees. As an example, before the law passed a monthly mortgage interest rate of 1.30% would be actually 1.3965%. For a 10 year loan of 100,000 YTL, with BSMV exemption the new mortgage law reduced the monthly payment of 1,722 YTL to 1,650 YTL, about 4.2% reduction in the monthly payments.
Loan Length
Before the mortgage law, Turkish banks could offer only shot-term loans up to a few years. This had a very limiting effect on the real estate economy in Turkey. Because of short maturities and high interest rates, funding of houses was mainly done with savings (60+ percent) and relatives/friends (about 25 per cent). The home loans were only making less than 5 percent of the total housing funding.
With the new law in effect for about 6 months, this picture started to change dramatically. The introduction of the new Turkish mortgage law already made a few banks (e.g., HSBC, Sekerbank and Finansbank) give loans up to 30 years to finance. It is expected that the other lending institutions will offer similar mortgages in the near future as interest rates decrease further and demand for longer mortgages continue to increase.
Lending Institutions
Before the mortgage law, only deposit, investment and participation banks could issue home loans. Under the new law, however, consumer funding companies are able to issue home loans too. A few mortgage companies are in the process of starting their operations; it is likely that the growing competition will lower the interest rates, which are very high when compared to those of developed countries. Let’s also note that as these new lenders are allowed to invest in capital markets to create funds for the home loans, it is expected that the financial markets will develop and will have indirect positive effects on the rest of the economy.
Early Payment Fee
Before the law, there was no penalty for early payment of the loan, however, due to the pressures from the banks, the new mortgage law included a penalty up to 2% if borrower pays before due date. This early payment fee is only valid for the fixed-interest rate loans. There is no penalty for the adjustable interest rate loans; they can close their accounts any time without incurring a charge.
Securitization of Loans
With the new law, banks are now able to bundle the loans into securities creating covered bonds and mortgage backed securities. Covered mortgage bonds and mortgage backed securities are debt securities backed by cash flows from mortgages and let the banks eliminate or share the mortgage risk with the rest of the world in a secondary market. Let’s also note that Turkey’s sub-investment grade sovereign rating may not be a big problem in the making good deals in the secondary market as covered bonds typically get higher ratings than the sovereign ratings of the countries. Therefore we expect that the secondary mortgage market is likely to stimulate the growth in the mortgage market substantially and decrease the interest rates when it starts to operate in early 2008.
Commercial borrowers are likely to be confused when they are turned down and will probably be unsure as to why it happened and what to do next. For each of the five major reasons that a bank might decline a commercial mortgage, a practical strategy is provided for converting the declined commercial mortgage loan into an approved business loan.
Two of the reasons (business plans and tax returns) will potentially impact all commercial borrowers. Many commercial mortgage loan officers will start their business loan review by stating some variation of “Can you show me your business plan?” and “We will need to see several years of tax returns.”
Commercial projects are frequently too unique for traditional commercial banks. In these situations (even if a commercial borrower has favorable tax returns and an adequate business plan), it is not unusual for the business owner to be declined for a commercial mortgage loan by a traditional commercial lender.
The reasons provided below represent commonly-found issues. It is likely that several of the reasons will be relevant for most business loan scenarios.
Commercial Mortgage Rejections: (1) Special Purpose Properties
Reason Number One for business loan rejections: The lender does not make commercial mortgage loans for the type of business financing involved or imposes special covenants that make the commercial real estate loan difficult for the business owner. In a typical example, fewer commercial banks are offering business financing for bar and restaurant properties.
Similarly, auto service businesses are frequently given unnecessary (and expensive) environmental reporting requirements. There are many “special purpose” properties such as funeral homes, campgrounds and churches that most traditional banks will not include in their business lending portfolio.
Strategy Number One for converting the rejected commercial real estate loan into an approved business loan: For most commercial borrowers, there are viable commercial mortgage options beyond traditional commercial lender choices.
There are action-oriented non-traditional commercial lenders that will offer commercial mortgage loans for most special purpose commercial property situations. The best business financing could be available only from a non-traditional lender when a traditional lender won’t provide the necessary commercial real estate loan.
Commercial Mortgage Rejections: (2) Tax Returns
Reason Number Two for business loan rejections: A loan underwriter finds an issue on tax returns that disqualifies a business borrower under the bank’s lending standards. This “issue” will often be inadequate net income, but when commercial loan underwriters analyze income tax returns, there can be a wide variety of other possibilities which produce the same disapproval.
Strategy Number Two for converting the rejected commercial real estate loan into an approved business loan: Commercial borrowers will never have this reason to worry about if they have applied for a “Stated Income” commercial mortgage loan. Very few traditional lenders use a Stated Income process (no income verification, no tax returns, no IRS Form 4506) for a commercial loan.
Business borrowers should look for lenders using Stated Income business loans. This approach, however, will not work for all commercial loans due to a prevailing maximum loan of $3 million for typical Stated Income commercial mortgage situations.
Commercial Mortgage Rejections: (3) Cash Out Limitations
Reason Number Three for commercial mortgage loan and business loan disapprovals: When a business attempts to refinance their commercial property loan and wants to get significant cash out, it is normal for a traditional bank to restrict what the funds are used for and to severely limit the amount of cash received. Even though the bank is willing to make the commercial loan, if they won’t provide the cash required by the commercial borrower, this is similar to rejecting the loan.
Strategy Number Three for converting the declined commercial mortgage into an approved commercial real estate loan: As mentioned above, there are other commercial lending options available. The commercial borrower’s mission (and it is not impossible at all) is to use a commercial real estate lender that will allow them to get much larger amounts of cash out of a commercial refinancing without restrictions on what they do with it.
Commercial Mortgage Rejections: (4) Collateral Required
Reason Number Four for business loan rejections: The bank will not approve a commercial mortgage loan without collateral, typically as a lien on the commercial borrower’s personal residence or other personal assets.
Strategy Number Four for converting the rejected commercial real estate loan into an approved business loan: Commercial mortgage borrowers should seek out business lenders that do not cross collateralize assets as a requirement for receiving a commercial loan. This will provide more options for the borrower and eliminate unnecessary and unwise connections between personal and commercial assets.
Commercial Mortgage Rejections: (5) Business Plan Requirements
Reason Number Five for commercial mortgage loan and business loan disapprovals: A bank’s loan officer determines that the business plan does not support the needed commercial loan.
Strategy Number Five for converting the rejected commercial real estate loan into an approved business loan: Business borrowers should experience fewer delays and profit from dealing with a commercial lender that does not have a business plan requirement due to several key benefits:
(A) Reduce commercial loan costs by thousands of dollars. A common range for an average business plan (prepared to typical bank specifications) is $5,000 to $10,000.
(B) Shorten the business financing closing period. Business plan preparation is likely to take 1-2 months or more.
(C) If a professional business plan is not needed, an approval for the business financing requires one less item.
Copyright 2005-2007 AEX Commercial Financing Group, LLC. All Rights Reserved.
Cyprus is a hotspot for real estate opportunities it is a premier tourist destination with its natural beauty and friendliness, drawing people to invest in Cyprus property. While the recession has affected many countries negatively, Cyprus has enjoyed a relatively unaffected steady growth over the past decade.
Why is Cyprus such a wonderful place to invest in property? –
It is a popular, warm and sunny island, ideal for those who want a summer home. With its friendly folk, relaxing ambience, pristine beaches and sandy shores, what else is there to be desired in a Cyprus property? Cyprus has one of the most agreeable climates in the world warm summers and mild winters and is consistently bright and sunny for 11 out of 12 months.
In addition to the gorgeous coastlines and ancient archaeological sites across the island, Cyprus has plenty to offer to would-be home owners. Cyprus boasts an advanced economy, a booming infrastructure and a stable government. The cost of living is relatively low compared to its European counterparts, whilst the quality of life is healthier.
The excellent news for an investor searching for Cyprus property is that English is the second language spoken there, so it is not essential to learn the native language Greek to communicate with the locals and negotiate for the best properties available. Cyprus has also adapted the British-based banking and legal system, so the paperwork is quite similar to that used in English property transactions. Ever since 2004, Cyprus was included as a member of the European Union (EU), and adopted the euro as its currency in 2008. This makes it easier for EU citizens without permanent residency to buy properties in this wonderful island.
Cyprus is an extremely safe place to live, and boasts a very low crime rate. It has excellent medical, educational and communication facilities, making the decision to buy property easier, knowing that you will be living in a safe and developed environment. Even if you do not want to live in Cyprus, purchasing property is still an excellent investment and is quite lucrative for those looking to make money. One can buy property and be assured that its value will increase as the years go by.
Searching for the right property to buy in Cyprus is no easy task, and it is best to get the services of a Cyprus realtor to get the best advice on your investments.