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Mortgages - Are banks at risk?
VituVingiSana
#1 Posted : Friday, August 03, 2012 7:14:45 AM
Rank: Chief

Joined: 1/3/2007
Posts: 18,361
Location: Nairobi
From

http://coldtusker.blogsp...-are-banks-at-risk.html

The largest mortgage lender is HFCK which focuses on mortgages. The other large players are:

- KCB through S&L but a small piece of KCB's overall business
- CFC Stanbic but a small piece of overall Loan business
- Stanchart but a small piece of overall Loan business

What will happen to HFCK if the Borrowers default using the new law as the excuse?
Greedy when others are fearful. Very fearful when others are greedy - to paraphrase Warren Buffett
hisah
#2 Posted : Friday, August 03, 2012 7:40:22 AM
Rank: Chief

Joined: 8/4/2010
Posts: 8,977
Yikes! That Land Act has thrown a big stick into the mortgage works. How will lenders redraft the existing loans without risking facing objections from parties (other spouses) that were not part of the deal? Mortgages risk management is exposed by this Land Act. How do you remodel the risks of existing mortgages with such grey areas? The playing field is no longer in favour of the lender...

Is this why Mr Market is undervaluing HF?
$15/barrel oil... The commodities lehman moment arrives as well as Sovereign debt volcano!
VituVingiSana
#3 Posted : Friday, August 03, 2012 8:26:05 AM
Rank: Chief

Joined: 1/3/2007
Posts: 18,361
Location: Nairobi
@hisah - Perhaps HFCK is not under-valued
Greedy when others are fearful. Very fearful when others are greedy - to paraphrase Warren Buffett
mwekez@ji
#4 Posted : Friday, August 03, 2012 9:34:48 AM
Rank: Chief

Joined: 5/31/2011
Posts: 5,121
The law is an ass!

I do not see KCB, HF and other banks losing out because the mortgage/charge documents are being redrafted to accommodate the new conditions stipulated by the Land Act 2012. Besides, in lending, the banks give more weight on the repayment ability of the borrower than on the security offered. If u check well, you will notice that those people with loans secured by properties, are people of good means with a credit rating and reputation to protect. Defaulting is not an option for them.

FYI, this law affects ALL LOANS (not just home loans) that are secured by properties registered in individual persons names. This is therefore a BANK WIDE issue and not just KCB and HF
VituVingiSana
#5 Posted : Friday, August 03, 2012 10:45:23 AM
Rank: Chief

Joined: 1/3/2007
Posts: 18,361
Location: Nairobi
So it is even worse than I thought. If many banks are in trouble since properties are often used to secure loans.

As for 'repayment ability' well that is all fine but these can change rapidly in the current economic environment. The fallback remains the security/collateral.

Defaults will happen even to "people of good means with a credit rating and reputation to protect" because circumstances change.
Greedy when others are fearful. Very fearful when others are greedy - to paraphrase Warren Buffett
mwekez@ji
#6 Posted : Friday, August 03, 2012 11:38:11 AM
Rank: Chief

Joined: 5/31/2011
Posts: 5,121
@VituVingiSana, dont you think the redrafting of the mortgage/charge documents that is ongoing will sufficiently secure the banks? Notice that the redrafted security documents will incorporate all requirements of Land Act 2012 and will therefore cover the bank in case of default.
VituVingiSana
#7 Posted : Friday, August 03, 2012 12:42:13 PM
Rank: Chief

Joined: 1/3/2007
Posts: 18,361
Location: Nairobi
mwekez@ji wrote:
@VituVingiSana, dont you think the redrafting of the mortgage/charge documents that is ongoing will sufficiently secure the banks? Notice that the redrafted security documents will incorporate all requirements of Land Act 2012 and will therefore cover the bank in case of default.
Not if some borrowers refuse to sign the amended agreements. Will the banks foreclose? If yes, will they win in court under the new laws? If no, then they will have to write down the loans to meet CBK's guidelines. As it stands the current mortgage documents are likely to be rejected by the courts.
Greedy when others are fearful. Very fearful when others are greedy - to paraphrase Warren Buffett
mwekez@ji
#8 Posted : Friday, August 03, 2012 1:00:08 PM
Rank: Chief

Joined: 5/31/2011
Posts: 5,121
@VVS

•Why would a borrower refuse to sign the amended agreements
•Will banks really take the actions of such a borrower kindly
•I reiterate; the law is an ass, an idiot! Banks would certainly find a way of hammering such a borrower, if s/he comes up
King G
#9 Posted : Friday, August 03, 2012 1:55:21 PM
Rank: Elder

Joined: 6/20/2012
Posts: 3,855
Location: Othumo
Laws dont apply restropective as far as i know and therefore banks are in pole position to win any legal battle
Thieves
mwekez@ji
#10 Posted : Tuesday, September 18, 2012 8:55:16 AM
Rank: Chief

Joined: 5/31/2011
Posts: 5,121
Lawyers in the house, this is over to you
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