Professional Documents
Culture Documents
REAL PROPERTY
5/4/2014 1
Objectives
5/4/2014 2
Topics for Discussion
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BSP Circulars & Guidelines Governing
Valuation of Collateral
BSP Circular 472
Pursuant to Monetary Board Resolution No. 74 dated 20 January 2005, the following regulations governing banks
and all financial institutions under the regulation and supervision of the Bangko Sentral ng Pilipinas (BSP) are
hereby issued, as follows:
Section 1. Subsection X304.1 of the Manual of Regulations For Banks (MORB) is hereby amended to read as
follows:
General Guidelines. Consistent with safe and sound banking practices, a bank shall grant loans or other credit
accommodations only in amounts and for the periods of time essential for the effective completion of the
operation to be financed. Before granting loans or other credit accommodations, a bank must ascertain that
the borrower, co-maker, endorser, surety and/or guarantor, if applicable, is financially capable of fulfilling
his/their commitments to the bank. For this purpose, a bank shall obtain adequate information on his/their
credit standing and financial capacities.
In addition to the usual information sheet about the borrower, a bank shall require from the credit applicant a
statement of his assets and liabilities and of his income and expenses together with the following:
1. A copy of the latest Income Tax Return (ITR) of the borrower and his co-maker, if applicable, duly stamped as
received by the Bureau of Internal Revenue (BIR); and
2. Except as otherwise provided by law and in other regulations, if the borrower is engaged in business, a copy of
the borrower's latest financial statements as submitted for taxation purposes to the BIR.
3. A waiver of confidentiality of client information and/or an authority of the bank to conduct random verification
with the BIR in order to establish authenticity of the ITR and accompanying financial statements submitted by
the client.
5/4/2014 RAFAEL B. BUENAVENTURA 4
CREDIT INVESTIGATION
5 Cs of CREDIT
Qualitative and Quantitative measures in evaluating loan applicant
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Concepts on Collateral
Collateral is a property taken in support of credit granted. It
represents the Banks second way out. It is not a substitute for
repayment, however, it provides incremental protection and
stronger negotiating position, particularly if the borrower needs
the assets to continue operating the business.
General Principle
Collateral provides ample defense in case of default.
Control
Disposability &
Margin
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Concepts on Collateral
Liquidity
Can be sold for cash in the open market on shorter period of
No legal impediments
Transaction can be settled easily
Transferable
High Quality
No credit risk in itself
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LOAN TO VALUE RATIO
Market Value Per PVS Definition; Value in exchange.
Appraised Value Value of Collateral;
% of Market Value- ( 60% t 100%).
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Legal Measures
In Case of Default:
Foreclosure Proceeding Minimum of 6 months.
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PROVISONS UNDER THE PVS
In performing valuation for lending purposes, appraiser
normally provides MV in accordance with PVS.
Location pinpointing is very important in the valuation of
collateral
Approches to value depend on applicability the typical
manner that property is being traded.
Each relevant method will , if appropriately and correctly
applied, lead to a similar result.
PROVISONS UNDER THE
PHILIPPINE VALUATION SYSTEM
It is common for a seller especially developers include incentives to
buyers of FFEs.
Market value ignores any price inflated by special consideration.
being offered.
A valuation may be required of a specialized property where the
property is part of on-going concern business. (lender should be alerted
if continuing profitability is affected)
Property rental that exceeds the current market or economic rent may
constitute a wasting asset because any value attributable to this factor
diminishes as the term of a lease decreases (since the tendency is to
terminate its agreement).
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BSP Circulars & Guidelines Governing
Valuation of Acquired Assets
(c) Real and Other Properties Acquired (ROPA)
1. Real and other properties acquired (ROPA) in settlement of loans through foreclosure
or dation in payment shall be booked initially at the carrying amount of the loan
(i.e., outstanding loan balance adjusted for any unamortized premium or discount
less allowance for probable losses computed based on PAS 39 provisioning
requirements) plus booked accrued interest less allowance for probable losses plus
transaction costs incurred upon acquisition (such as non-refundable capital gains tax
and documentary stamp tax paid in connection with the foreclosure/purchase of the
acquired real estate property): Provided, That where the booked amount of ROPA
exceeds the appraised value of the acquired property, an allowance for probable
losses equivalent to the excess of the amount booked over the appraised value shall
be set up: Provided, further, That if the carrying amount of ROPA exceeds P5
million, the appraisal of the foreclosed/purchased asset shall be conducted by an
independent appraiser acceptable to the BSP.
2. The carrying amount of ROPA shall be allocated to land, building, other non-financial
assets and financial assets (e.g., receivables from third party or equity interest in
an entity) based on their fair values, which allocated carrying amounts shall become
their initial costs.
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Liquidation of Foreclosed Property
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FORCED SALE AND LIMITED MARKETING
OR DISPOSAL PERIOD
Lending institutions request valuation on a forced
liquidation for sale basis and impose a time limit for
disposal of security.
Appraiser must have the knowledge of the reasons of
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APPRAISERS RESPONSIBILITY
Eyes and ears of the bank
The nature and scope of the appraisers engagement
should be clear to both appraiser and lender.
Appraiser should be aware of the risk associated with the
valuation for lending purposes where miscommunication
and misunderstanding or error may lead to financial losses.
In the undertaking in the valuation for lending purposes, it
is important that appraiser (internal or external) be
independent.
Appraiser must pinpoint the property serve to be as
collateral.
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CHARACTERISTICS OF A GOOD
BANK APPRAISER
Personal and Professional Integrity
Diligence and Common Sense
Persistence and Resourcefulness
With Strong and Relevant Network
Flexibility and Reasonableness
Promptness and Punctuality
Observance and adherence to Appraisers Code of Ethics of
Independence, Objectivity, Impartiality and Confidentiality
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SKILLS