Revised Implementing Guidelines for Housing Loan Receivables Purchase Program
The NHMFC Corporate Circular No. HLRPP-005-13 outlines the revised implementing guidelines for the Housing Loan Receivables Purchase Program (HLRPP) aimed at enhancing the NHMFC's role in housing finance. The guidelines focus on the criteria for purchasing residential loans from qualified originators, detailing requirements such as borrower creditworthiness, loan types, interest rates, and the necessary documentation for both the borrower and the originating institution. It specifies terms related to loan defaults, penalties, and the insurance requirements for the purchased loans. The circular also emphasizes the need for due diligence in appraising the collateral and maintaining compliance with the stipulated provisions to ensure the integrity of the housing loan portfolio.
Quick Answers
- What is Revised Implementing Guidelines for Housing Loan Receivables Purchase Program about?
- The NHMFC Corporate Circular No. HLRPP-005-13 outlines the revised implementing guidelines for the Housing Loan Receivables Purchase Program (HLRPP) aimed at enhancing the NHMFC's role in housing finance. The guidelines focus on the criteria for purchasing residential loans from qualified originators, detailing requirements such as borrower creditworthiness, loan types, interest rates, and the necessary documentation for both the borrower and the originating institution. It specifies terms related to loan defaults, penalties, and the insurance requirements for the purchased loans. The circular also emphasizes the need for due diligence in appraising the collateral and maintaining compliance with the stipulated provisions to ensure the integrity of the housing loan portfolio.
- What type of law is NHMFC Corporate Circular No. HLRPP-005-13?
- Revised Implementing Guidelines for Housing Loan Receivables Purchase Program (NHMFC Corporate Circular No. HLRPP-005-13) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Revised Implementing Guidelines for Housing Loan Receivables Purchase Program enacted?
- Revised Implementing Guidelines for Housing Loan Receivables Purchase Program (NHMFC Corporate Circular No. HLRPP-005-13) was enacted on Sep 17, 2013.
- What is the citation for Revised Implementing Guidelines for Housing Loan Receivables Purchase Program?
- Revised Implementing Guidelines for Housing Loan Receivables Purchase Program, NHMFC Corporate Circular No. HLRPP-005-13, Sep 17, 2013 (Philippines)
Law Information
- Reference Number
- NHMFC Corporate Circular No. HLRPP-005-13
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Housing
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
September 17, 2013
NHMFC CORPORATE CIRCULAR NO. HLRPP-005-13
| SUBJECT | : | Revised Implementing Guidelines for Housing Loan Receivables Purchase Program |
In order for NHMFC to be relevant in the housing finance industry, significant provisions on the guidelines under the Housing Loan Receivables Purchase Program have to be amended. The attached Revised Implementing Guidelines for Housing Loan Receivables Purchase Program, hereinafter referred to as RIG-HLRPP is hereby issued pursuant to the authority granted by the NHMFC Board of Directors under Resolution No. 3787 dated 03 September 2013.
These Revised Implementing Guidelines shall take effect immediately and shall remain effective unless otherwise repealed, revised, modified, and/or supplemented, with proper notice to all concerned and subject to clarificatory and/or equitable application by the NHMFC.
(SGD.) FELIXBERTO U. BUSTOS, JR.President, NHMFC
NHMFC Revised Guidelines on the Housing Loan Receivables Purchase Program (HLRPP 005)
I. Scope and Coverage
These revised guidelines shall apply to the purchase of quality residential loans/mortgages/receivables originated by public/private financial institutions, and housing developers, in accordance with the terms, conditions and standards of NHMFC. IaEHSD
II. General Provisions
A. Purpose
NHMFC shall purchase existing residential loans from qualified housing loan originator/s to serve as the underlying collaterals that are eligible for securitization.
B. Type of Loans
NHMFC shall purchase Seasoned Residential Loans (SRL) and/or Newly Seasoned Residential Loans (NSRL).
The residential loans shall have the following equity, OPB-to-Collateral Ratio, insurances and warranties with the corresponding seasoning period:
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Equity
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Seasoning
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Warranty
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OPB-to-
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Period
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Collateral
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Ratio
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| HOUSE | a. | Fully paid of | Six (6) | - | w/ warranty | Not over 80% for |
| AND LOT * | not less than | consecutive | for CTS | REM and CTS | ||
| 20% of the total | monthly | |||||
| contract price | amortization | - | w/out | |||
| warranty for | ||||||
| REM | ||||||
| b. | Fully paid of | Twelve (12) | - | w/ warranty | Not over 90% for | |
| not less than | consecutive | for CTS | REM and CTS | |||
| 10% of the total | monthly | |||||
| contract price | amortization | - | w/out | |||
| warranty for | ||||||
| REM |
Enrolment or renewal of MRI/SRI and Fire Insurance shall be done by NHMFC through its Insurance Division to ensure that the account is fully covered. Originators shall inform the borrower that the insurance premium payments shall be included in the monthly amortization.
C. Purchase Price of the Loan Receivables
NHMFC shall pay the amount equivalent to the PURCHASE PRICE of the residential portfolio upon assignment of the corresponding loan receivables and compliance with the NHMFC housing loan guidelines and requirements.
D. Interest Rate
For CTS and REM
With interest bracket:
| 1.0 M and below |
—
|
8% (fixed) |
| Over 1.0 M |
—
|
10% (fixed) |
Rate reduction may be allowed provided that the NHMFC rate is not less than the prevailing market rate as determined by the Executive Committee and confirmed by the Risk Management Committee of the NHMFC Board.
E. Loan Term
The loan period shall not be more than 25 years but in no case exceed the difference between the present age and 70th year of the principal borrower.
F. Borrower Credit Worthiness
NHMFC shall conduct due diligence on both the originating institution, to assess the originator's credit processes and risk management policies, and the borrower. It shall likewise conduct analysis on the profile of the loan portfolio and the underlying asset to determine the credit risk associated in the purchase. The portfolio's performance, more particularly, the four (4) C's of Credit shall form part of the assessment, as follows:
Capacity — The borrower must have the capacity to meet the monthly loan obligation. Sources of income shall be submitted for evaluation, including family member/s still living with the borrower. The portfolio's profile must contain any of the following documents: DaESIC
1. Latest Income Tax Returns;
2. Certificate of Employment;
3. Employment Contract duly certified by the Embassy (for OFW);
4. Other documents showing other income.
The borrower's repayment capacity shall be based on the front end ratio of not more than 33%. Front-end Ratio shall mean the portion of the borrower's income used to make mortgage payments. The ratio is computed as follows:
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Front-end Ratio
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=
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Monthly Mortgage Payments
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––––––––––––––––––––––––
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Monthly Gross Income
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Housing expenses or Monthly Mortgage Payments include Principal, Interest, Real Estate Taxes and Insurances, while Monthly Gross Income shall be determined by the submitted ITR and/or Certificate of Employment and Compensation and other acceptable documents.
Character or Credit History — The character or credit history shall form part of the evaluation process to determine payment patterns and history of borrower in meeting his obligation. The following documents shall be used to evaluate the borrower's credit history:
1. Borrower's Ledger; and
2. Originator's copy of Receipts showing amortization payments.
Capital — The borrower has provided adequate capital or equity for the underlying asset. The Originator must provide copies of the receipts representing payment/s of Equity.
Collateral — The property is existing and construction is complete; that it is free from any liens and encumbrances. Site inspection shall be conducted by the Collateral Valuation and Appraisal Division to confirm existence and completion of the unit.
G. Appraisal of Collateral
The NHMFC or its accredited External Appraisers shall conduct appraisal to determine the value of the housing loan receivable/housing portfolio for purchase using standard procedures for appraisal.
The collateral appraisal shall be conducted in accordance with the following general methods:
1. Lot Appraisal — Market Data Approach shall be used wherein the market value estimate is based on prices paid in actual market transactions and/or current listings. At least three (3) reliable market data preferably made within one (1) year from date of sale of the property and close to the date of appraisal shall be given more consideration.
2. House/Building Appraisal — Cost or Engineering Approach shall be used in which the value of the building is derived by estimating the cost of the unit as if it were to be reproduced or replaced in new condition. The estimated depreciation caused by physical deterioration, functional or economic obsolescence is deducted from the Reproduction or Replacement Cost New (RCN).
H. Insurances
The portfolio shall be compulsorily covered with Mortgage or Sales Redemption Insurance (MRI/SRI) and Fire Insurance. The premiums for such insurance shall have been paid at the time of purchase.
1. Mortgage or Sales Redemption Insurance (MRI/SRI)
The borrower shall be covered by Mortgage or Sales Redemption Insurance (MRI/SRI) under the automatic coverage system of an insurance pool or an acceptable insurance entity as evidenced by the original loan documents of the borrower. The insurance amount or premium shall be in accordance with the schedule in the Master Policy.
2. Fire Insurance
The borrower shall include the property insurance or obtain from the NHMFC accredited insurance pool, Fire insurance on the property mortgaged for an amount equivalent to at least NHMFC's purchase price of the dwelling unit and/or its improvements.
3. Premium Payments
The premium on the aforesaid coverage shall be prepaid annually by the borrower. MRI/SRI and Fire Insurance premium payments shall be included in the monthly housing loan amortization of the borrower. EDHTAI
I. Default and Penalties
A. Contract-to-Sell (CTS)
1. The developer shall be considered in default, among other instances as stipulated in the Deed of Assignment of Receivables with Recourse (DARR), where the check issued was Drawn Against Insufficient Funds (DAIF) or any other similar instances where NHMFC cannot collect from the issued check. In the event of default, the outstanding loan balance, all accrued interests, fees, charges and penalties shall become due and demandable from the developer. The developer will automatically be blacklisted in NHMFCs roster of originators.
2. The developer/originator who failed to pay the full monthly amortization and/or other loan obligations when due shall pay a penalty of one-fifteenth of one percent (1/15 of 1%) of any unpaid amounts for each day of delay.
3. Failure of the developer to pay his/her loan obligations results to an automatic increase of interest rate (2%). Once updated the interest rate reverts back to the original rate.
B. Real Estate Mortgage (REM)
1. The borrower shall be considered in default, among other instances as stipulated in the Loan Agreement, where there is failure to pay any three (3) consecutive monthly instalments and/or other loan obligations as stated therein. In the event of default, the outstanding loan balance, all accrued interests, fees, and charges shall become due and demandable.
2. Failure of the borrower to pay his/her loan obligations results to an automatic permanent increase of interest rate by two percent (2%).
J. Collection Agreement
The originator shall have its existing collecting banks/agents to collect the amortization payments of its borrowers/buyers on instalment provided that the same shall be remitted directly to NHMFC or to its accredited collecting banks/agents.
K. Fees and Charges
For the origination of housing loan receivables, the originating institution shall pay the following fees: aCcSDT
1) Processing Fee = Php2,000.00 per account (to be deducted from the take-out proceeds);
2) Preliminary Appraisal Fee = Php3,000.00 per project (to be paid up-front); and
3) Final Appraisal Fee = Php1,000.00 per account (to be paid up-front).
All incidental expenses including air fare/transportation and hotel accommodation related to site inspection, borrower interview, and other related due diligence activities shall be borne by the originator.
No amount or portion of all the fees collected shall be charged or passed to the borrower(s) nor shall the borrower be required to advance the same.
L. Terms and Conditions for Purchase
The purchase of the housing loan receivables shall be governed by the terms and conditions herein stated:
1. Representations and Warranties of the Originating Institution
With respect to the housing loan receivables purchased by NHMFC, whether the said receivable arose from a CTS or REM, the originating institution shall be required to warrant against the following:
a. Non-Performing Loans (only for CTS accounts) — The originator shall warrant that the borrower has the capacity to pay his/her monthly amortizations as they fall due. In this regard, the originator is deemed to be the agent of the borrower (for CTS accounts), whereby the originator shall undertake to collect from the borrower all the monthly amortizations due and to remit the same to the NHMFC.
In the event, however, that the borrower incurs default in his/her obligation during the term of the loan, the originator shall buy back the non-performing loan/s or defaulting loans. Default shall mean failure of the borrower to pay when due any three (3) consecutive monthly instalments as stipulated in the CTS, which is inclusive of the two (2) months grace period provided for in Section 4 of Republic Act No. 6552. SICDAa
In the alternative and subject to the approval of the NHMFC, the originator may substitute the non-performing loan/s with an equally qualified loan receivable.
b. Defective Title or Collateral — The originator shall warrant that the title of the property covering the CTS/REM is free from all liens and encumbrances. The originator shall certify that it has the technical know-how and had exercised proper diligence in the verification of the title/ownership of the mortgage(s)/buyer over the property and that the title/documents of ownership contained no vitiating defects, which could have been found or discovered with the exercise of proper diligence and technical skill.
c. Validity of Contract to Sell — The originator shall warrant that the contract to sell has complied with all the requirements of a valid CTS.
d. Hidden Faults or Defects of the Land — The originator shall warrant that the land where the housing unit is constructed is free from hidden defects. In this case, the originator shall certify that the land is fit for the use it was intended at the time of sale.
e. Structural Defects — The originator shall warrant that the housing unit has no structural defect and that the materials used in the construction of the housing unit have passed the standards set forth by appropriate government agencies.
In case of a structural defect, or in the event that a case is brought by the borrower against the originator alleging structural defects, the originator shall buy back the loan within thirty (30) days from the date of receipt of NHMFC's notification.
To ensure the compliance of the originator with its warranties, the originator shall execute an affidavit/certification of warranties.
2. Effect of Breach of Warranties
In case the originating institution breaches any of the warranties stipulated above with respect to any of the loans/receivables purchased, NHMFC shall without prejudice to other legal remedies, have a right of recourse against the originating institution for the outstanding principal balance (OPB) of such loans/receivables, including accrued interests and charges thereon, together with a three percent (3%) surcharge on the aggregate amount due. Failure to pay such amount due within fifteen (15) days from demand shall subject the originating institution to a penalty of one tenth of one percent (1/10 of 1%) thereon per day of delay in addition to the regular interest, penalties and charges on the loan/receivables.
Further, NHMFC shall have the right of recourse against the originating institution in case of breach of any of the warranties stipulated with respect to any of the loans/receivables purchased, or breach of any provision of the Deed of Assignment, or in case of failure to assign a new borrower or failure to buy back the non-performing accounts. In the event the NHMFC exercise its right of recourse, the originating institution shall have the duty to reimburse the NHMFC to the full amount previously released by the NHMFC to the developer/originator plus a penalty of three percent (3%) per month computed on a daily basis for everyday of delay from date of accrual of said right upon demand.
The Developer's/Originating Institution's penalties, surcharges and other liabilities under this provision or the DARR may be taken/deducted from any of its funds/checks which may be in the possession of NHMFC.
3. Post-Dated Checks and Additional Securities/Collateral
A. Contract-to-Sell (CTS)
The originator shall issue twenty-five (25) post-dated checks (PDCs) in favor of NHMFC to cover the monthly amortizations in the Contracts to Sell for the first twenty-four (24) months from take-out date and (in the 25th check) the remaining outstanding balances. The originator shall continue with the same arrangement every two (2) years until the loans are fully paid or the Contracts-to-Sell are converted to Real Estate Mortgage (REM) Contracts. The 25th check may also be held to cover all penalties, surcharges and/or liabilities incurred by the originator. NHMFC may require additional securities/collateral to cover defaults, defects or deficiencies which may arise.
The PDCs herein mentioned shall be issued by the originator after the purchase is approved by the Credit Committee/Board but before the purchase price is released to the originator.
For accounts converted from CTS to REM, the borrower shall issue the PDCs immediately upon conversion.
B. Real Estate Mortgage (REM)
Borrowers, taken out as REM, including those already converted from CTS to REM accounts, shall issue twenty-five (25) Post-Dated Checks (PDCs) in favor of NHMFC. The twenty-four (24) PDCs will cover the monthly amortization payments while the 25th PDC will cover the equivalent of the Outstanding Principal Balance (OPB) as of the 25th month. The 25th check will ensure that the borrower/s will submit the next 24 PDCs (amortization for the 25th to 48th month) plus another check equivalent to the Outstanding Principal Balances as of month 49. The cycle shall be repeated until the loan is fully paid. The excess of the 24 PDCs will be deposited if the borrower fails to submit the next set of 25 PDCs.
For accounts originally taken out as REM, the PDCs herein mentioned shall be issued by the borrower after the purchase is approved by the Credit Committee/Board but before the purchase price is released to the originator. HCEcaT
For accounts converted from CTS to REM, the borrower shall issue the PDCs immediately upon conversion.
4. Liability of the Originating Institution, Engineer, Architect or Contractor
The originating institution, at its own expense, shall commit to answer for any defects on land development and house construction (except that which is caused by wear and tear), to meet the specifications set by the Housing and Land Use Regulatory Board (HLURB). This is without prejudice to the provisions of Article 1723 of the Civil Code of the Philippines, which the originating institution agrees to bind itself with the engineer, architect or contractor (as the case may be).
5. Expenses for Registration of the Deed of Assignment of Receivables with Recourse (DARR)/Loan and Mortgage Agreement (LMA)
The originating institution shall be responsible for the payment of all expenses incidental to the registration of the DARR/LMA, which necessarily includes the payment of all tax obligations that may be imposed as a consequence of the execution of the DARR/LMA.
6. Release of Payment
The proceeds of the purchased loan will be released to the originating institution after NHMFC's receipt of and compliance with all requirements as stipulated under this Revised Guidelines and after passing the underwriting criteria and standards of NHMFC.
In cases where the original Transfer Certificates of Title (TCTs) or Condominium Certificates of Title (CCTs) involved in the purchase are in the possession of a third party/ies, the proceeds of the purchase of receivables may be released, provided that the Developer guarantees the prompt release and delivery of the TCTs/CCTs free from any lien or encumbrance to NHMFC and, 1) submits a Letter of Guaranty (LOG) executed by the third party/ies guaranteeing (upon receipt of payment/ consideration) the immediate release and delivery of the clean original TCTs/CCTs directly to NHMFC, or 2) executes a binding contract/undertaking with the third party/ies and NHMFC in the form and with such terms and conditions as may be acceptable to NHMFC.
7. Notice of Cancellation
In case of default, non-payment and/or violation of any provision in the CTS by the borrower which would give the developer/originator the right to rescind or cancel the CTS, the originating institution shall notify the NHMFC within five (5) days prior to the actual cancellation of the CTS concerned.
Failure to pay three (3) consecutive monthly amortizations shall be a ground for the automatic cancellation of the CTS.
The originating institution shall be wholly responsible for any liability arising from Republic Act No. 6552, otherwise known as the Maceda Law.
In case of rescission or cancellation of the CTS, NHMFC has the option to either require the originating institution to buy-back the loan subject of the cancelled CTS, or require the originating institution to replace the cancelled CTS with an equally qualified loan receivable, at NHMFC's sole option.
8. Conversion of CTS Accounts to REM
For accounts purchased under CTS with remaining term of over five (5) years, the same shall be converted to REM within twenty four (24) months from date of take out. Annotation of the mortgage shall be in favor of NHMFC.
To guarantee that the Originator/Developer will convert the CTS accounts to REM accounts, a 10% hold-out based on the purchase or take-out price shall be deducted from the take-out proceeds. Conversion of the accounts shall be done by NHMFC with the assistance of the Originator. Should there be excess in the hold-out amount after payment of the annotation fees and other charges, NHMFC shall remit the same to the Originator; however, when the excess amount is Php1,000.00 or less, the excess amount shall no longer be remitted and shall be treated as miscellaneous income.
9. Return of Deficient CTS
Within the period of ten (10) working days, unless extended, NHMFC shall return to the originating institution all CTS found deficient. In such cases, the originating institution shall be given thirty (30) working days to redeliver corrected/completed CTS with the required documents.
10. Authority to Approve Deviations
The NHMFC Credit Committee has full authority to approve documentary deviations from these guidelines provided that all the following requirements listed below are satisfied:
1) All provisions relating to the Transfer Certificates of Title (TCTs) or Condominium Certificates of Title (CCTs) are complied with;
2) OPB-to-Collateral Ratio is complied with; and, DIcTEC
3) The requirements relating to the Borrower's Capacity to Pay is satisfied.
11. Documentary Requirements
The originating institution shall submit the following documents covering the borrower's loan account and such other documents as required or as applicable in the course of the due diligence process.
| A. | Contract-to-Sell (CTS) | ||
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Document
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Description
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No. of
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Copies/Remarks
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Legal
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| 1. | Contract to Sell (CTS) | Duly executed between the | 1-Original |
| borrower and the owner- | 1-Duplicate | ||
| developer or originator, as | |||
| the case may be with the | |||
| written conformity of the | |||
| borrower to the assignment | |||
| of the loan receivable to a | |||
| third party. | |||
| 2. | Deed of Assignment of | Duly executed by the | 1-Original |
| Receivables with | developer/originator in favor | 6-Duplicate | |
| Recourse (DARR) | of NHMFC assigning its | ||
| receivables under the CTS. | |||
| 3. | Irrevocable Special | Duly executed by the | 1-Original |
| Power of Attorney | Developer/Originator, | 1-Duplicate | |
| (SPA)/Secretary's | constituting NHMFC as its | ||
| Certificate | attorney-in-fact. The SPA shall | ||
| include the authority for | |||
| NHMFC to claim and receive | |||
| the proceeds of any insurance | |||
| policy, when applicable. | |||
| 4. | Affidavit/Certification of | Executed by the | 1-Original |
| Warranties | developer/originator's | 1-Duplicate | |
| authorized representative & | |||
| notarized | |||
| 5. | Secretary's Certificate | Designating the representative | 1-Original |
| (Sec. Cert.) | of developer/originating | ||
| institution | |||
| 6. | Individual Transfer | In the name of the developer | 1-Original (Owner's |
| Certificate of Title | Copy) | ||
| (TCT)/Condominium | 1-Duplicate | ||
| Certificate of Title (CCT) | |||
| 7. | Tax Declaration/Tax | Land and building | 1-Original |
| Receipt(s) | 1-Duplicate | ||
| 8. | Acknowledgment that | 1-Original | |
| the buyer consents to | |||
| the assignment of the | |||
| receivables in favor of | |||
| NHMFC | |||
| 9. | Certificate of House and | Declaring that the buyer | 1-Original |
| Lot Acceptance | unconditionally accepts the | 1-Duplicate | |
| housing unit | |||
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For the Borrower
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| 10. | Borrower's Information | 1-Original | |
| Sheet with 2x2 ID | |||
| picture | |||
| 11. | Photocopies of 2 valid | Government issued with | |
| IDs | specimen signature. The same | ||
| IDs must be presented during | |||
| the conduct of borrower's | |||
| interview and validation. | |||
| 12. | Marriage Contract, if | 1-Photocopy | |
| Applicable | |||
| 13. | Letter of Authority in | 1-Original | |
| favour of NHMFC to | |||
| inspect the property of | |||
| the borrower/buyer | |||
| 14. | Authority for | 1-Original | |
| Background and Credit | |||
| Investigation | |||
| 15. | Proof of Capacity to Pay | If employed: Latest Income Tax | ITR-1-Original & |
| Returns (ITR), Certificate of | photocopy | ||
| Employment (COE), Pass book, | COE-1-Original | ||
| or other documents showing | |||
| other income. | |||
| If in business: Latest ITR and | Original & | ||
| Audited Financial Statement, | Photocopy | ||
| DTI Registration/Mayor's | |||
| Permit/Business Permit, Bank | |||
| statements or passbook for the | |||
| last 12 months, or other | |||
| documents that would validate | |||
| capacity to pay. | |||
| If OFW: Employment Contract | |||
| (English), Bank statement or | |||
| passbook for the last 12 | |||
| months, or other documents | |||
| that would validate capacity to | |||
| pay. | |||
| Other: Lease contract for | |||
| income generating properties, | |||
| OR/CR of vehicles owned, | |||
| stock certificates, or other | |||
| documents showing source(s) | |||
| of income. | |||
| 16. | Borrower's Ledgers and | Borrower's Ledgers (Original) | |
| Official Receipts | Official Receipts (Photocopies) | ||
| 17. | Insurance Policy | If in house (not compulsory | Copy |
| covering MRI and Fire | covered by NHMFC) | ||
| and Lightning | |||
| 18. | Health Statement Form | (If applicable) | Original |
| For Originators (Developer/Financial Institution) | |||
| 19. | Application letter from | Prescribed Form | Original |
| the Developer/ | |||
| Originator/Bank/ | |||
| Financial Institution | |||
| 20. | Audited Annual | For the past 2 years | Original |
| Financial Statements | |||
| 21. | Information sheet | Prescribed Form | Original |
| 22. | Bio-Data of the Board of | Original | |
| Directors and Key | |||
| Officers | |||
| 23. | Brief Corporate History | Original | |
| For Developers Only | |||
| 24. | Certificate of | Original & Certified | |
| Registration with | True Copy | ||
| SEC BDT | |||
| 25. | Articles of | Original & Certified | |
| Incorporation/By-Laws | True Copy | ||
| or Articles of Partnership | |||
| 26. | Authority for | Original | |
| Background and Credit | |||
| Investigation | |||
| For Banks/Financial Institutions Only | |||
| 27. | Financial Statements | For the past 8 quarters | Original |
| duly stamped received | |||
| by Bangko Sentral ng | |||
| Pilipinas | |||
| 28. | Interim Financial | Original | |
| Statements | |||
| 29. | Latest CAMELS Rating | Original | |
| from BSP. | |||
| Technical Documents | |||
| 30. | Individual TCT/CCT | Certified True Copy | |
| 31. | Vicinity Map or Location | Certified True Copy | |
| Plan | |||
| 32. | Lot Plan | Certified True Copy | |
| 33. | Approved | Complete set with | Certified True Copy |
| Subdivision/Site | profile/details topographic | ||
| Development Plan | map, road layout plan, | ||
| drainage/sewer system, water | |||
| distribution system, power | |||
| distribution system. | |||
| 34. | Approved Building Plan | Complete Set per model | Certified True Copy |
| 35. | Detailed Bill of Materials | Land Development and | Certified True Copy |
| and Specifications | Building | ||
| 36. | Specification for Land | Certified True Copy | |
| Development and | |||
| Housing Units | |||
| 37. | Permits for Building and | Certified True Copy | |
| Site Development with | |||
| Environmental | |||
| Compliance Certificate | |||
| (ECC) & Occupancy | |||
| Permit | |||
| 38. | License to Sell | Certified True Copy | |
| B. | Real Estate Mortgage (REM) | ||
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Document
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Description
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No. of
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Copies/Remarks
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| Legal | |||
| 1. | Purchase of Loan | A deed executed by the | 1-Original |
| Agreement (PLA) | originating institution in favor | 6-Duplicate | |
| of NHMFC, whereby the | |||
| originating institution sells the | |||
| loan obligation/mortgage | |||
| receivables covered by the | |||
| LMA, PN and other auxiliary | |||
| documents in favor of NHMFC | |||
| 2. | Loan and Mortgage | Entered into by the borrower | 1-Original |
| Agreement (LMA) | and the originating institution, | 1-Duplicate | |
| (Annex A) | notarized and duly annotated | ||
| on the TCT/CCT | |||
| 3. | Promissory Note (PN) | Notarized | 1-Original |
| (Annex B) | 1-Duplicate | ||
| 4. | Affidavit/Certification of | Executed by the | 1-Original |
| Warranties | developer/originator's | 1-Duplicate | |
| (Annex C) | authorized representative & | ||
| notarized | |||
| 5. | Secretary's Certificate | Designating the representative | 1-Original |
| (Sec. Cert.) | of developer/originating | ||
| institution | |||
| 6. | Individual Transfer | In the name of the borrower | 1-Original (Owner's |
| Certificate of Title | Copy) | ||
| (TCT)/Condominium | 1-Duplicate | ||
| Certificate of Title CCT) | |||
| 7. | Tax Declaration/Tax | Land and building | 1-Original |
| Receipt(s) | 1-Duplicate | ||
| 8. | Certificate of House and | Declaring that the buyer | 1-Original |
| Lot Acceptance | unconditionally accepts the | 1-Duplicate | |
| housing unit | |||
| For the Borrower | |||
| 9. | Borrower's Information | 1-Original | |
| Sheet with 2x2 ID | |||
| picture | |||
| 10. | Photocopies of 2 valid | Government issued with | |
| IDs | specimen signature. The same | ||
| IDs must be presented during | |||
| the conduct of borrower's | |||
| interview and validation. | |||
| 11. | Marriage Contract, if | 1-Photocopy | |
| Applicable | |||
| 12. | Letter of Authority in | 1-Original | |
| favor of NHMFC to | |||
| inspect the property of | |||
| the borrower/buyer | |||
| 13. | Authority for | 1-Original | |
| Background and Credit | |||
| Investigation | |||
| 14. | Proof of Capacity to Pay | If employed: Latest Income Tax | ITR-1- Original & |
| Returns (ITR), Certificate of | Photocopy | ||
| Employment (COE), Pass book, | COE-1-Original | ||
| or other documents showing | |||
| other income. | |||
| If in business: Latest ITR and | Original & | ||
| Audited Financial Statement, | Photocopy | ||
| DTI Registration/Mayor's | |||
| Permit/Business Permit, Bank | |||
| statements or passbook for the | |||
| last 12 months, or other | |||
| documents that would validate | |||
| capacity to pay. | |||
| If OFW: Employment Contract | |||
| (English), Bank statement or | |||
| passbook for the last 12 | |||
| months, or other documents | |||
| that would validate capacity to | |||
| pay. | |||
| Other: Lease contract for | |||
| income generating properties, | |||
| OR/CR of vehicles owned, | |||
| stock certificates, or other | |||
| documents showing source(s) | |||
| of income. | |||
| 15. | Borrower's Ledgers and | Borrower's Ledgers (Original) | |
| Official Receipts | Official Receipts (Photocopies) | ||
| 16. | Insurance Policy | If in-house (not compulsory | Copy |
| covering MRI and Fire | covered by NHMFC) | ||
| and Lightning | |||
| 17. | Health Statement Form | (If applicable) | Original |
| For Originators (Developer/Financial Institution) | |||
| 18. | Application letter from | Prescribed Form | Original |
| the Developer/ | |||
| Originator/Bank/ | |||
| Financial Institution | |||
| 19. | Audited Annual | For the past 2 years | Original |
| Financial Statements | |||
| 20. | Information sheet | Prescribed Form | Original |
| 21. | Bio-Data of the Board of | Original | |
| Directors and Key | |||
| Officers | |||
| 22. | Brief Corporate History | Original | |
| For Developers Only | |||
| 23. | Certificate of | Original & | |
| Registration with | Certified True | ||
| SEC/BDT | Copy | ||
| 24. | Articles of | Original & | |
| Incorporation/By-Laws | Certified True | ||
| or Articles of Partnership | Copy | ||
| 25. | Authority for | Original | |
| Background and Credit | |||
| Investigation | |||
| For Banks/Financial Institutions Only | |||
| 26. | Financial Statements | For the past 8 quarters | Original |
| duly stamped received | |||
| by Bangko Sentral ng | |||
| Pilipinas (BSP) | |||
| 27. | Interim Financial | Original | |
| Statements | |||
| 28. | Latest CAMELS Rating | Original | |
| from BSP | |||
| Technical Documents | |||
| 29. | Individual TCT/CCT | Certified True | |
| Copy | |||
| 30. | Vicinity Map or Location | Certified True | |
| Plan | Copy | ||
| 31. | Lot Plan | Certified True | |
| Copy | |||
| 32. | Approved | Complete set with | Certified True |
| Subdivision/Site | profile/details topographic | Copy | |
| Development Plan | map, road layout plan, | ||
| drainage/sewer system, water | |||
| distribution system, power | |||
| distribution system. | |||
| 33. | Approved Building Plan | Complete Set per model | Certified True |
| Copy | |||
| 34. | Detailed Bill of Materials | Land Development and | Certified True |
| and Specifications | Building | Copy | |
| 35. | Specification for Land | Certified True | |
| Development and | Copy | ||
| Housing Units | |||
| 36. | Permits for Building and | Certified True | |
| Site Development with | Copy | ||
| Environmental | |||
| Compliance Certificate | |||
| (ECC) & Occupancy | |||
| Permit | |||
| 37. | License to Sell | Certified True | |
| Copy |
III. Definition of Terms
Amortization Payment is the monthly amortization payment of the principal and accrued interest of a residential loan at stated periods for a definite time as stipulated in the Promissory Note or Contract to Sell. DCcAIS
Amortizing Account is an account that has fully paid the required down payment or equity of a housing loan and has commenced gradual payment of the monthly loan obligation.
Appraised Value is the value of the property taken up at the time of purchase. It is the fair valuation of real estate property as determined by the NHMFC appraiser.
Buy Back Guarantee is a guarantee that the originator pledged to NHMFC that it shall repurchase the loan receivable in case of breach of any of the provision in the Deed of Assignment of Receivables or when NHMFC exercises its call for non-performing loans.
Contract-to-Sell is a sales contract between a housing loan buyer/borrower and the housing developer or housing loan originator where the buyer/borrower of the housing unit is obliged to pay a pre-determined amount on instalment basis within a specified period of time and that the seller is obliged to deliver title to the housing unit when the buyer/borrower has fully paid the housing loan.
Discount is a percentage deducted from the purchase price of an acceptable portfolio but not to go below the approved interest rate.
Equity represents a percentage of the selling price which the borrower contributed as capital for the purchase of the housing unit. Full payment of the equity shall be required under these guidelines.
Front-End Ratio is the portion of the borrower's income allocated to make mortgage payment.
Letter of Guaranty is a binding contract/undertaking (in the form and with such provisions as may be acceptable to NHMFC) issued by a third party whereby it binds itself to release the original Transfer Certificates of Title (TCTs) or Condominium Certificates of Title (CCTs), free from all liens and encumbrances, directly to NHMFC upon receipt of payment/consideration (from the loan proceeds) owed by the originator.
Loan-to-Collateral Ratio (LCR) is the proportion or percentage between the outstanding principal balance at the time of purchase over the appraised value of the underlying collateral.
Mortgage is a financial transaction by which a borrower/debtor secures for the seller/creditor the fulfilment of a principal obligation by subjecting to such security the residential property or real rights over the real property in case of non-fulfilment of said obligation at the time specified.
Newly Seasoned Residential Loan (NSRL) means that the portfolio has been religiously amortizing for at least six (6) consecutive months and with fully paid equity of at least 30% of the selling price.
Occupied refers to a house and lot or condominium unit which is actually:
1) utilized by the owner or any member of his/her family as residence;
2) occupied as a residence by a person other than the owner or any member of his/her family by virtue of a lease or other contractual arrangement with the owner or his/her lawful representative; or
3) being used as residence, even if for the time being it is vacant due to renovation/improvement.
Original Interest Rate is the original interest rate agreed upon at the point of sale between the Housing Developer/Originating Institution and the Borrower as stated in the original promissory note and contract to sell. CaEATI
Originating Institution is a public/private financial institution or a real estate developer from whom housing loan receivables are purchased.
Outstanding Principal Balance is the selling price minus equity payments and monthly amortization payments applied to the principal as of cut-off date.
Premium is a percentage added to the purchase price of a good quality portfolio.
Purchase Price is the Outstanding Principal balance (OPB) as of cut-off date minus discount or plus premium as the case may be.
Seasoning Period is the period where the account is amortizing prior to its sale/assignment to NHMFC. The seasoning period shall commence at the point where the amortization payment of the loan with interest bearing portion begins.
Seasoned Residential Loan (SRL) is a loan receivable that has been religiously amortizing for over twelve (12) consecutive months and with fully paid equity of at least 20% of the Selling Price.
Selling Price is the agreed price between the originator and the buyer in the purchase of the housing unit.
Warranty is a pledge or assurance that the originator will perform its obligation in case of a buy back call by NHMFC as a result of any breach with respect to the purchase of residential loan receivables.
Footnotes
* The house and lot unit must be complete, occupied and used for residential purposes to be eligible for purchase.
Cite This Law
Revised Implementing Guidelines for Housing Loan Receivables Purchase Program, NHMFC Corporate Circular No. HLRPP-005-13, Sep 17, 2013 (Philippines)
Revised Implementing Guidelines for Housing Loan Receivables Purchase Program, NHMFC Corporate Circular No. HLRPP-005-13 (Phil. 2013)
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