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Monograph : Mortgages |
Contents |
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of Loans |
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1. |
New purchase |
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When a purchaser obtains a loan from a bank to buy
a property, whether in the so-called "first-hand"
or "second-hand" market, he will have to enter
into a mortgage arrangement with the bank. When approving
a purchaser's mortgage loan, the bank will consider
the applicable loan-to-value ratio. For the purpose
of determining the loan-to-value ratio, the bank will
generally take the value of the property to be the lower
of the actual purchase price and the value of the property
as evaluated by a valuer appointed by the bank.
For residential mortgage lending, the Hong Kong Monetary
Authority has issued guidelines that banks should not
lend more than 70% of the assessed value of properties.
It is a guideline intended to limit the lending bank's
exposure to risk. Banks may lend up to 95% of the value
of the property with the extra portion insured under
the Mortgage Insurance Programme. |
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2. |
Re-financing |
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This refers to a situation where a mortgagor obtains
a new mortgage loan from another mortgagee on the security
of his property to repay his original outstanding mortgage
loan to the existing mortgagee. The relevant procedures
involve the mortgagor executing a new mortgage over his
property and obtaining a release of the property from
the original mortgagee. The usual reason nowadays for
a mortgagor to apply for a new mortgage loan is to obtain
more favourable loan terms, such as a reduction in the
interest rate. |
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3. |
New mortgage |
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An owner with a property free from any mortgage may
take out a new mortgage if he wants to use his property
as security to obtain loan facilities from a bank. |
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4. |
Further charge |
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A mortgagor creates a further charge when he wants
to obtain additional finance from his existing mortgagee
on the security of property which has already been mortgaged.
Nowadays, the creation of a further charge is becoming
less frequent because banks usually require mortgagors
to execute an "all-monies" first mortgage
when granting a loan. Under such "all-monies"
mortgage, the mortgaged property will become security
not only for the immediate advance but also for any
future advance to the mortgagor. Therefore, when an
additional advance to the mortgagor is approved, there
is no need to create a further charge if there is in
force an "all-monies" first mortgage securing
all advances from time to time made to the mortgagor.
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5. |
Bridging loan |
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A bridging loan may be created when the borrower obtains
a short-term loan to pay the purchase price of another
property which he has contracted to buy before the sale
proceeds of his existing property are available. Such
a short-term loan (commonly referred to as a bridging
loan) is usually required to be repaid at a fixed date.
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6. |
Second mortgage |
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In addition to a first mortgage, a mortgagor may
execute subsequent mortgage(s) over his property. However,
every first mortgage document invariably contains a
covenant by the mortgagor not to further encumber the
property without the consent of the first mortgagee.
A second mortgage may be created for business needs
where the mortgagor provides the same property as further
security for an advance (usually by the same mortgagee
as under the first mortgage) made to a company related
to the mortgagor. In this situation, the second mortgage
is called a "three-parties” second mortgage
made by the mortgagee, the related company of the mortgagor
as the borrower and the mortgagor.
Nowadays, many developers will also arrange, usually
through their subsidiary or related finance companies,
second mortgage loans for purchasers of their properties
as part of their marketing strategy. In such co-financing
schemes, the bank will usually lend up to 70% of the
price of the property while the developer will arrange
through their subsidary or related finance companies
a second mortgage loan for the whole or part of the
remaining 30% of the purchase price to the purchaser,
with a second mortgage executed in favour of the finance
company.
As the mortgagor incurs a higher indebtedness, the
risk of default increases accordingly. The Hong Kong
Monetary Authority has issued guidelines to banks and
set out the criteria for banks' participation in any
co-financing scheme. These include, among others, requiring
the property to be assessed by independent valuers,
not lending more than 70% of the lower of the purchase
price or the valuation of the property, and including
the total amount of principal and interest repayments
of the second mortgage loan when calculating the debt-to-income
ratio of the mortgagor. |
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