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Dubai International Financial Centre (DIFC) and Absalon • Major gaps between the prerequisites for the
Project (Absalon), performed in February 2010 an Initial Danish Mortgage Model to work and the current
Feasibility Study in the United Arab Emirates (UAE) with legal and practical infrastructure in the UAE have
the purpose to investigate whether it is a viable business been identified. Especially issues in the following
idea to establish a mortgage solution in the UAE, based areas needs to be solved or clarified before a
on the principles behind the Danish Mortgage Model. decision to start implementation could be made:
Based on the findings and draft report some further - Lack of federal mortgage law
clarifications were done in November 2010 and a new
- Lack of federal bankruptcy law
draft was issued and sent out for comments. Most
comments are in line with our findings and conclusions - Lack of full implemented strata law
and are not mentioned specifically while a few others - Expatriates limited rights to stay in the UAE
are commented briefly in the report. (work permits, tourist visa, retirement)
- Unclear legal framework for expatriates
The Danish Mortgage Model has caught international
• It has been recommended that the study should
interest during the latest financial crises. The model
cover the whole of the UAE and with the aim to
eliminates market risk and significantly reduces credit
expand the model to cover the GCC region at a
risk for banks. The mortgages are financed though
later stage. At this stage the implementation focus
an ongoing issuances of covered bonds with same
should be the UAE.
characteristics as the mortgages. On top of the payments
to investors the borrowers pay an administration • The model can be implemented to issue traditional
fee. This makes the solution completely transparent. mortgages, ljara mortgages or both types
Investors have access to low risk and liquid bond dependant on the feedback from the market. The
series and borrowers have transparent, affordable and main objectives is to create as large and liquid
flexible mortgages. The strict origination procedures in bond series as possible.
the model will comply to the suggested Basel 3 rules • Also the lack of a capital market in the UAE is
with minor changes. considered a major issue for the introduction the
mortgage model in the UAE. On the other hand
Absalon has in 2007 made an implementation of there are initiatives on their way to create such
a Mortgage Model based on the Danish Model in a market, and federal government bonds are
Mexico and are now offering implementations in other expected to be issued in late 2011 or early 2012.
countries. • The need for mortgage financing has been
estimated in Dubai at the current market
The objectives for the study are to investigate whether conditions, and those findings indicate that there
the prerequisites for introducing the Danish Mortgage will be a viable business case for introducing the
Model in the UAE are available and to identify the Danish Mortgage Model in Dubai.
benefits of the introduction of Danish style mortgages
• It is the impression that also Abu Dhabi would
in the UAE.
benefit from joining the model but we have
had no direct contact with current suppliers of
During the analysis we have found that:
mortgages in Abu Dhabi like Abu Dhabi Finance.
• The project idea is well received by all parties
visited, which has included commercial banks,
Based on these findings it is our recommendation to
mortgage banks, construction companies and
establish a project with joint ownership on a UAE level,
developers, regulators, investors and Stock
at least with participants from Dubai and Abu Dhabi
Exchanges. Most visits have been made to
to:
companies and institutions in Dubai, but also
several visits have been made to federal offices • Analyse the prerequisites for a stepwise
in Abu Dhabi including the Securities and implementation plan: Dubai first, then Abu Dhabi
Commodities Authority and the Central Bank of and finally on a UAE level when prerequisites are
the UAE. available.
2 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
• Propose a more detailed implementation plan in
accordance with the overall strategy along with a
project budget:
• Identify the need for changes in legal and/or
practical aspects in the mortgage industry in the
UAE for the introduction of the Danish Mortgage
Model.
• Address the issues and gaps raised in this report
and give practical solutions to overcome the
issues.
• Address the impact to the UAE on a
macroeconomic level of the introduction the
Danish Mortgage Model
3
Table of Contents
Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
1. PROJECT BACKGROUND AND OBJECTIVES
The Danish Mortgage Model1 has existed for more than • Identify changes in legislative and operative
200 years and has undergone only few minor changes procedures to close the gaps that have been
throughout the years. The model is still a viable, identified for the Danish Mortgage Model to work
strong solution to provide funds for housing through in the UAE
continuous issuance of mortgage bonds in the same • Suggest alternative structures and ownership of a
quantity and nature as the underlying mortgages. Mortgage Service Provider (MSP) utility in the UAE
During the 200 years of existence no single investor has • Estimate an initial budget for the project
ever had a loss due to default of the mortgages, and development
the model has survived several crises though the years, • Be the foundation for raising commitment and
including the current one, which started in autumn capital
2008. - to carry the project through an actual more in-
depth analysis
Absalon has in 2007 made an implementation of a - to form the basis for an actual decision to
Mortgage Model based on the Danish Model in Mexico2 implement the project and to bring the project
and are currently investigating other countries for into daily operations
possibilities of implementation. For more information
please visit www.absalonproject.com. The implementation of the project is expected to be in
the form of a centralized Shared Service Facility named
During the initial study, the mortgage models used in a Mortgage Service Provider (MSP), that will administer
models in Singapore and Hong Kong3 has been briefly all services and regulations for the mortgage model
examined. The immediate conclusion is that the models to work, and provide the needed interfaces to the
from these areas are not likely to be useful as inspiration distributors of the mortgages, the Mortgage Credit
for UAE. Intermediaries (MCI) and connections to other partners
in the model such as regulators, Stock Exchange and
The project in UAE is hereafter referred to as the UAE Central Securities Depository (CSD).
Mortgage Securitization Project. This initial study is
financed by the partners respectively.
1 Appendix 2
2 Appendix 3
3 Appendix 4
1
1.3 Development of the project idea A draft report dated December 20, 2010 was then
DIFC and VP got introduced to each other in autumn issued and sent to key stake holders for their response
2009, as DIFC had learned about the Danish Mortgage to the findings and conclusions. Some comments
Model and a Mortgage Securitization Project VP had were received until end of February and has been
undertaken in Mexico, in a company named Absalon, taken into account in this final version. Besides the
a partnership between affiliates of VP and Soros Fund remarks already in the SWOT analysis and issues list
Management. the comments generally was concentrated around the
following areas:
VP was invited to participate in a Housing Finance
Seminar in November 2009 at the DIFC, organised by • A suggestion to let a law firm identify the gaps
Dr. Nasser Saidi from DIFC. and issues for the Mortgage Model to work in
UAE
DIFC and VP (on behalf of Absalon Project) then • Lack of clear description of functions and roles of
agreed to pursue the business idea to introduce the key stake holders if the model is implemented
Danish Mortgage Model to finance private dwellings • Concerns regarding domestic liquidity to invest in
in the UAE. the mortgage bonds and/or a doubt whether the
bonds will attract foreign capital to the UAE.
To meet these objectives, a series of meetings was • And finally if the model is open for all banks to
organized by DIFC in February and November 2010 become part of the project or it was limited to
with representatives from possible future participants in local bank
the model from Dubai, Abu Dhabi and representatives
from federal UAE level. During these meetings, the gap
that exists between the current situation in the UAE
and the prerequisites for the Danish Mortgage Model
to operate successfully in the UAE were identified.
2 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
2. INTRODUCTION TO THE DANISH MORTGAGE MODEL
2.1 Basic Principles of the Danish Borrower has two prepayment options
Mortgage Model The borrower is at any time entitled to make a full or
The model will offer mortgages to owners of private partial prepayment of the mortgage by the cheaper of
homes – residential mortgages. The mortgages are two options:
characterized by the following main principles known
in the Danish Mortgage Model: • Buying the bonds corresponding to the mortgage
in the market at market price and delivering
Principle of Balance them to the MCI, who will then cancel both the
The mortgages are financed through the issuance bonds and the mortgage.
of mortgages bonds directly into the secondary • Prepaying the mortgage at par value. The MCI
market. The amount of mortgages and the amount will call the bonds at par to maintain the Principle
of bonds in circulation used to fund those mortgages of Balance.
should always match each other. This means that
bonds are only issued when they are needed to The prepayment options protect the borrower’s ability
securitize a mortgage (tap issuance on a daily to sell the property and prepay the mortgage both in
basis), and bonds are redeemed by calling at par, case of increasing and decreasing interest level.
whenever the borrowers make principal payments
or prepayments. Separation of credit risk and interest risk
An important consequence of using these principles
Pooling of mortgages with similar characteristics is a complete separation of credit risk and interest
To ensure large and liquid mortgage bond series, risk. Credit risk is maintained within the MCI, and
mortgages with same characteristics regarding an important part of implementation of the model
maturity, interest rate, amortisation profile and is setting up rules and procedures for the MCI to
risk profile are pooled together, and securitized by ensure high quality of the mortgages and sufficient
issuance of mortgage bonds with characteristics capitalization of the issuer to stand up against losses
corresponding to the mortgages. Series are open on the mortgages. It is very important for the model
for issuance in 3 years. that the investors can have complete confidence that
the mortgage bonds do not contain any credit risk.
Mortgages are serviced by the issuer of the
mortgages On the other hand, all interest risk is transferred to the
The Mortgage Credit Intermediaries (MCI) which investors, so the MCI has no risk in this area.
originated the mortgage will also service the mortgage
throughout the lifetime of the mortgage until maturity. Normally a Danish Mortgage is denominated in local
In the situation that a mortgage defaults, the MCI currency to avoid any currency risk. The model though
guarantees to the investors that bonds corresponding can handle all currencies.
to defaulted mortgages will be taken out of circulation.
So the MCI is encouraged to perform a proper credit Loan types
scoring of the borrower and appraisal of the property The basic idea is to offer the borrowers long term
to ensure only to grant mortgages to borrowers who mortgages. In Denmark mortgages are normally with
they believe are likely to be able to pay the obligations 30 years’ maturity and in the UAE probably 15-20
of the mortgage. years or longer. However currently it is not likely
that investors in the UAE will accept bonds with that
3
long maturity, so the solution will probably be long • Stock Exchange
term loans with refinancing every 5 or 10 years. • Market Maker(s)
• Underwriter
This need to be further analyzed with the market • Trustee
during the implementation of the model. It is
important to notice that this will differentiate the The tasks of these participants are described below:
implemented model from the traditional Danish
Mortgage Model. MCI
The MCI will be the sales channel of the mortgages
The normal products in the Danish Mortgage Model with the following responsibilities:
are bond loans with level payments or interest only • Marketing (supported by the Mortgage Service
payments. A solution with initially very small principal Provider)
payments, which will be increased exponentially over • Counselling of the borrowers
time (L-factor loan) is also a possibility (this loan type • Handling of loan applications (supported by
was developed for the Mexican market). IT systems provided by the Mortgage Service
Provider)
• Appraisal of the properties
2.2 Participants – roles and • Collection of all necessary documentation
responsibilities • Credit score of the borrowers (supported by
The customers of the Mortgage Service Provider IT systems provided by the Mortgage Service
(MSP) will be financial institutions which want to Provider)
offer competitive home financing to their clients by • Registration of property deeds and mortgage
joining the MSP and become a MCI according to the deeds
model described.
Further on the MCI will take on responsibility for
When entering this co-operation, the MCI will sign a defaulted mortgages, meaning that if a mortgage is
contract with the Mortgage Service Provider, defining overdue, and the borrower is not expected to be able to
the conditions of the partnership. fulfil his obligations, the MCI is committed to move the
mortgage to its own books by prepaying the mortgage
It is not analyzed in details yet how the legal structure and removing the bonds from circulation.
of the MSP and the MCIs should be in the UAE. In the
following, a model close to the model implemented Potential MCIs are specialized mortgage banks like
in Mexico is assumed, but the legal framework for Tamweel and Amlak but also commercial banks in
the UAE could make it necessary for this to change, the UAE, which want to enter into or expand their
when the legislation and regulation are analyzed participation in the mortgage market.
more into depth.
1st layer trust
The model described involves a number of different In order to separate the risk of the issuer of the
participants: mortgages and bonds from other risks of the MCI, the
• MCI MCI will have to create a trust (capital centre), which has
• 1st layer trusts the mortgages as asset with the property as collateral.
• 2nd layer trusts Procedures in the trust will be established to ensure that
• Mortgage Service Provider sufficient capital is available in the trust to ensure that
• CSD (Centralized Securities Depository) the mortgage bonds always are rated by international
4 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
rating agencies to the same level as sovereign debt. The If new bond series needs to be opened because of
model can be illustrated by the figure 1. below. changed coupons, different maturity or other changes
in characteristics of the bond are needed, the MCI will
The trust should be capitalized by the MCI, which have to establish a new sub trust to maintain only one
will put in sufficient equity to ensure the rating of the set of characteristics in all bonds issued by each sub
bonds. It should be considered to allow that some of trust. However, these sub trusts will have joint liability
the capital is provided by issuing mezzanine- or junior towards all claims, and the MCI will only receive their
bonds, which the MCI can sell at the market to diminish spread, if all obligations in all sub trusts for which MCI
the capital requirements from the MCI. is beneficiary are met.
Instalments from the borrowers are paid to the trust, This can be illustrated by the figure 2. on page 6. In
which pays interest and redemption to investors and the figure it is assumed that sub trust 1B has many
also a spread which pays other obligations in connection defaulting mortgages, so this sub trust needs to
with the issuance of the bonds. Part of the spread paid receive liquidity from the other sub trusts for which
by the borrower will be given to the MCI as payment for MCI1 is beneficiary.
the work performed and the risk involved for the MCI.
However, the MCI will only receive this payment when
all other obligations to the trust are fulfilled, including
possible need for additional capital.
5
Figure 2. Separation of credit and interest risk
6 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
2nd layer trust • Support the MCIs with marketing activities
We expect that the MCIs, which will be joining the • Support the MCIs with IT systems (counselling and
model, will require separation of the credit risk from handling of loan applications)
the mortgages of other MCIs. So in principle, all MCIs • Administer the trusts on behalf of the trustee,
joining the model should have their own bond series. among other things with
On the other hand, it is essential for the model to have - Final approval of mortgages
great liquidity in the bonds, so to ensure big bond - Issuance of bonds to fund mortgages
series, the bonds issued to fund the mortgages of one - Payment collection from borrowers
MCI are not sent to the market as public bonds. Instead - Assisting borrowers with prepayments
the bonds are issued as private bonds, which are sent - Solvency calculation
to a new trust. This 2nd layer trust will then issue the -Distribution of payments (waterfall process)
public bonds in a one to one proportion, and these - Accounting
public bonds are then sold in the market. This can be
illustrated in fig 3.2 on page 6. The Mortgage Service Provider will receive its income
from three different types of fees:
The model ensures that the quality of the mortgages 1. Access fee from MCIs: One time payments for
and the capitalization of all the 1st layer trust are such entering the model plus an annual fee
that all credit risk will be maintained within the 1st layer 2. Securitization fee: A percentage of the amount
trust, and the private bonds issued by all 1st layer trusts securitized
are locally AAA rated by international rating agencies. 3. Administration fee: A percentage of the
outstanding mortgage debt (part of the spread
All private bonds transferred to the 2nd layer trust will all paid by the borrowers)
have same coupon, maturity and other characteristics,
and the same characteristics will apply for the public The size of these fees will be decided during the
bonds. This means that the 2nd layer trust will be able establishment of the company after further analysis of
to issue AAA rated public bonds without any capital. If the size of the market.
several coupons or maturities are needed, new 2nd layer
trusts will be created to handle these. The MSP is a new entity in UAE and is expected to be
established as a shared service facility, owned by market
Mortgage Service Provider participants and possibly also with participation from
The Mortgage Service Provider will perform the government. The MSP should be the project owner.
following tasks:
• Clarify all legal aspects of establishing the model, CSD (Centralized Securities Depository)
including clarifications with the Ministry of It is important that an efficient CSD exists in the market.
Finance, the Central Bank of UAE, the Securities & The Danish model requires special features which
Commodities Authority, and other authorities not necessarily are present in all units taking care of
• Enter all agreements with participating parties: registration of ownership, clearing and settlement of
- MCIs securities in the UAE today:
- Trustees • Possibility for tap issuance on a regularly basis,
- Market Makers either on a daily basis directly to the secondary
- Stock Exchange market or to the primary market through frequent
- Securities Depository auctions
• Prepare prospectuses and get approvals for the • Possibility to cancel bonds which have been
bonds delivered to the MCI for prepayments
7
• Frequent redemption by calling bonds at par “somebody” will guarantee to sell the required amount
proportionally between all investors of bonds at a certain price on the date where the
prepayment will take place.
A model with single investor accounts at the CSD is
preferable. This will make the redemption to the To perform these tasks, a Market Maker will be needed.
individual investors most efficient. The Market Maker is a financial institution which always
has a certain stock of the relevant bond series. The
In the UAE the CSD functionality is managed by the Market Maker will quote a price on a daily basis on the
Stock Exchanges. stock exchange, and he always accepts to buy at this
price minus a certain margin, and to sell at this price
Stock Exchange plus the same margin.
The bonds should be listed and traded at the stock
exchange at UAE level. At the moment, two stock Underwriter
exchanges exist in the UAE, ADX (Abu Dhabi Securities The task of the Underwriter is normally to sign the
Exchange) in Abu Dhabi, and DFM (Dubai Financial prospectus and to organize and guarantee the sale of
Market) in Dubai. These are supervised by ESM (Emirates the securities at a predefined minimum price.
Securities Market), which is part of SCA (Securities &
Commodity Authorities). As the bonds according the Danish Mortgage Model are
issued at the same rate as the loans are appropriated
A third stock exchange exists in DIFC, NASDAQ Dubai, and therefore sold using tap issuance (sold a little by
which operates under surveillance of DFSA (Dubai little), the fact that the borrower will need to accept
Financial Service Authorities). that bonds are sold at market price, and finally as a
Market Maker is obligated to provide a realistic market
Market Maker price, the role of the Underwriter is less important than
A prerequisite for the model to work is a liquid market in a traditional securitizing model (and should as a
where it is always possible to sell the bonds issued at consequence be substantial cheaper).
a price which reflects the interest level of the market,
and where it is possible to buy bonds to be used for The role of the Underwriter will be handled by a broker,
prepayments at a fair price. typically a bank.
8 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
3. PRODUCTS AND MARKETING
9
• There is not a well proven practice for forced sale Registration of ownership
if mortgages default. The first forced sales have It is essential that the registration of the ownership to
though been performed in Dubai. land and the associated house or apartment is done in
• There is no culture for making credit scoring of a transparent and indisputable manner so there is no
borrowers in the UAE. doubt about the ownership. For the suggested model
to work it is furthermore essential that the mortgage
In the following these obstacles are discussed in relation is registered on the property as it works as collateral
to the proposed model. for the mortgage. There is no federal mortgage law
in place.
Appraisal of the property
It is essential for the model that the property can be In Dubai there is 3 different legal status of land:
appraised at a realistic price. If the appraisal is not Freehold, Leasehold and Granted land. In Freehold land
realistic and there is not a correct value of the property, it’s possible for all to buy the land and build on it and
the collateral might be worth less than expected to register all rights to that land. On Leasehold Land it’s
cover for the mortgage. possible for all to build a property and have all rights
to that building, but the land is only leased (from
Dubai Land Department has a unit that appraises government). On Grated Land only Emiratis can build,
property for taxation and other issues and that unit and they only get the right to use the building, they
is expected to be able to evaluate the property at can’t sell it.
realistic prices.
As a very important prerequisite in the Danish
However in Dubai there is a current supply of property Mortgage Model is that the house serves as collateral
of 350,000 units that not has been sold to the market if the loan defaults. For that reason houses on Granted
yet, a figure which is expected to increase with 50,000 land can’t qualify for Danish Style Mortgages without
units this year5. In contrast in Abu Dhabi there is still some specific arrangement is put in place to replace
a need for construction of new dwellings, as demand the house as collateral. For the Freehold and Leasehold
exceeds supply. Land the model works.
For this reason, it is very difficult to set a price on a During the visit in November we met with
house or an apartment at the moment. In certain areas, representatives from Dubai Land Department to
prices have dropped up to 70% since the crisis started learn about their services. It seems like in Dubai it is
in 2008, while in other areas the prices have only gone possible to get an official evaluation of the property
down with 5-10%. and to register ownership to that property in the Land
Department. We were told that in Abu Dhabi this
During the visit in November we got the information service was offered by the developers, and were not
from both Tamweel and Amlak that the housing market implemented as a centralized, governmental service.
was moving again and that Tamweel had started up Afterwards we have learned that there are initiatives
issueing mortgages again. on their way to implement a federal solution “….to
organize ownership and registration of real estate
The real prices on property are where buyers and sellers across the country”6.
can meet and agree on transactions.
10 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
Property rights for expatriates in the UAE and is not the case, the person might need a mortgage.
visa rules However, properties on Granted Land cannot be sold,
80-85% of all inhabitants in the UAE are expatriates, but should be delivered back to the government, so
many of them working in the UAE according to a it is not possible to use the property as collateral for
residence visa or permit. Normally such visa is granted a mortgage.
for 3 years, and should be sponsored by an employer.
When the visa expires or is cancelled (e.g. if the person Another problem is that no expropriation legislation
looses his job), and if it is not renewed, the expatriate exists for Granted Land in the UAE. Practice is to
only has 30 days to leave the country (this period is compensate the “owner” of the property, but he has
considered being increased to 90 days, but that has not no legal right to compensation.
been changed yet).
If the model should work on Granted Land there should
Also it is not possible to get a visa to retire to the UAE be a kind of sovereign guarantee that the mortgage will
neither if you have worked in the UAE up to retirement always be kept current.
nor if you for some reason would like to retire in UAE.
Forced sale
Both the short notice by which your visa can be In the UAE no mortgage legislation exists at federal
terminated and the lack of possibility to be a resident level. In Dubai a mortgage law has been passed but
in the UAE upon retirement makes it a very uncertain only a few forced sales have been carried through.
decision to own a property in the UAE. It also seems To minimize loss for the MCI, it is important that
like most developments have been sold to professional defaulting mortgages can be terminated in a fast and
investors and therefore many apartments and houses efficient way.
have not yet been sold to the secondary market (to an
owner that actually occupies the property). Special consideration will need to be taken, if the
mortgages should be ljara based to make the lending
Another problem in relation to mortgages and arrangement Sharia compliant.
expatriates is evaluation of the value of the house
compared to the mortgage. In case the expatriate Credit scoring of the borrower
loses his job and/or visa, and the value of the house is There is no income tax in the UAE, so no authority
evaluated to be less that the mortgage, the expatriate requires information and documentation about
has no incentive to keep the loan current, as he is about income. For this reason there is no culture for preparing
to leave the country. a household budget, and credit scoring of the borrower
can be a problem.
Generally it takes much longer time to sell a property
and finalize all the paper work, and this very limited There has recently been established a company in Dubai
period expatriates are given to get out of the country that delivers credit scoring of individuals.
is estimated to have a negative impact on expatriates’
willingness to buy a house. 3.3 Investors for the mortgage bonds
The UAE has at the moment no federal government
Property on Granted land bond market, as the federal government until now has
Emiratis are often given a piece of land to build a house not needed liquidity. A consequence of that is that no
(Granted Land). Often they are also given a loan, in reference interest (yield curve) exists in the market. So
which case they don’t need a mortgage. But if this pricing of other types of bonds will be difficult.
11
However, a Public Debt Management Unit has recently Potential investors in the mortgage bonds could be:
been established under the Ministry of Finance and the • Institutional investors (though few and small)
Central Bank of UAE7, and the first federal government • Family owned enterprises
bond issuance is expected by end of 2010 or beginning • Private people in the UAE
of 2011 . It seems like this issuance has been postponed • Foreign investors
1 year so it will not happen until earliest end 20118. • Governmental institutions
We believe that a federal government bond market will To attract foreign investors it is critical that the current
be a prerequisite for a liquid mortgage bond market, policy of having a close link between AED and USD is
but in the absence of a federal government bond maintained, so that the investors will regard currency
market, the pricing of the bonds will have to be decided risk to be minor.
in comparison to the individual emirates government
bond markets. 3.4 Pricing analysis
The model ensures a very transparent pricing for the
There is at the present no huge demand for mortgage borrowers. The interest to be paid by the borrowers will
bonds in the UAE. There are, besides the lack of a consist of two elements:
government bond market, several reasons for that: • Cost of funding, i.e. the coupon paid to investors.
• There are only a few and small institutional • Spread, which consists of:
investors (insurance companies and pension - Insurance premiums (if relevant)
savings funds). - Fee to MCI, covering origination cost, guarantee
• Private investors have up till now had a preference fee and profit
for short term investment with a high profit. - Administration fee to the Mortgage Service
• There is in the UAE a tradition for negotiating Provider
terms of investments. Danish Style Mortgage
Bonds have fixed and non negotiable terms. Note that the bonds normally will be sold at a discount,
giving a real interest rate a little higher than the coupon
Further on, the present real estate crisis in Dubai has rate plus spread.
made international investors very cautious. We have
though experience some interest among some of The costs will, apart from the discount on the bond
the banks of investing in these kinds of long term price, be known in advance, so the borrower will know
investments. the payments to be paid in the future. The spread is
expected to be lower than the current, due to efficient
It is crucial for the model that a liquid market exits. The procedures, higher volume and more competition. (In
Danish Model is dependent on the ability to sell bonds Denmark the total spread on mortgages to private
in the market whenever a tap issuance is made to fund dwellings is around 0.5-0.6%. In the UAE it is expected
a mortgage, and on the ability for the borrower to be to be higher than that due to lower volume, at least in
able to buy bonds in the market to make a prepayment. the beginning).
Both transactions should be at fair prices reflecting the
current interest level in the market.
7 Press release from UAE Ministry of Finance referenced in article in Thaindian News September 7, 2009
8 Article in The National January 24, 2010
12 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
3.5 Competitors
The mortgage market today is relatively small. The two
main players in the current market in Dubai are Amlak
and Tamweel. Those two have both expressed interest
in joining the model because they experience now
difficulties in providing sufficient funding.
13
4. COMPANY STRUCTURE AND IMPLEMENTATION
It is the intention to establish a Mortgage Service Provider 4.1 Mortgage Service Provider
company to handle all centralized IT procedures as well The MSP will as such operate as a Shared Service Facility
as business processes in relation to the implementation with the objective to make the services needed to
of the UAE Mortgage Securitization Project. administer the IT- and business procedures to support
the UAE Mortgage Model available to the MCI’s as
As the prerequisites for the model to work is not efficient and cost effective as possible9. All legal and
currently present at a federal level, it is suggested to most practical aspects in relation to the implementation
implement the model so that it in any case will work of the UAE Mortgage Model will be handled by the MSP,
at a UAE level, but the ability to issue mortgages in an and terms and conditions related to those areas will
emirate will be implemented in a one-by-one order in be allocated to the MCI’s in the relevant Participation
the sequence that an emirate have the prerequisites in Agreements.
place. The individual credit scoring will make it possible
to issue mortgages in the same trusts across different This structure will ensure that all generic procedures
emirates, to ensure large mortgage bond pools to are managed in a centralized manner at the MSP
support a liquid market. level and that all interaction with the borrowers and
individual services to the borrowers will be handled in a
So the suggested step-by-step implementation will decentralized manner by the participating MCIs. With
just stimulate the emirates to get the prerequisites in this structure there is no need to introduce more MSPs
place to join the model and get started, rather than the in the UAE, as the services that the suggested MSP will
project needs to wait until all emirates are ready, or a deliver are neutral in their nature to the participating
joint federal legislation is in place. MCI’s, and the competition to attract customers for the
9 See chapter 2.2 for roles and responsibilities for key stake holders
14 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
individual MCIs are related to their ability to market the funding and governance of the MSP is given and
their services to the customers compared to other also that the needed changes in business practices and/
MCIs. The basic price of funding and products offered or legal matters more easily can be done.
are the same, but different service offerings could be
developed by the individual MCIs. This alternative will ensure that there is no doubt about
who is the project owner and therefore many decisions
It is important to notice that it will be the IT- and in relation to the foundation of the company and the
business procedures of the MSP that will be rated by the implementation of all the systems and procedures
international rating agencies. Therefore by definition can be done very efficient in this model. Also it is the
the mortgage bonds that will be issued by the MSP impression that many companies in the UAE has this
as a consequence of an approved loan application will ownership structure, so it’s a commonly used approach
be rated as sovereign debt locally, which is the current to enforce activities that government would like to
objective for the rating. The handling of mortgage introduce to the community.
bonds from issuance to maturity inclusive payment of
instalments to investors and giving market information 4.3 Implementation – alternative 2:
to investors and regulators will be done by the MSP. Market Owned Entity
The MSP could also be established as a market owned
All companies that comply with the terms and utility, where local financial institutions jointly could own
conditions to act as a MCI can be a member of the MSP the Shared Service Facility. Financing of the MSP is not
and utilize the services of the MSP. The MCIs can join regarded as a problem, but foreign investors could be
the model without the need to modify their systems. considered as founding members to bring knowledge
In a later stage they could chose to make system-to- regarding mortgage financing to the board of the
system connections between their own IT systems and company. Also relevant government related entities
parts of the functionality from the MSP systems. on the UAE level could have an ownership in the MSP
without having a dominant position.
The Mortgage Service Provider will receive its income
from three different types of fees: In this alternative there is an initial phase where the
1. Membership fee from MCIs: One time payment project has to be presented to interested parties and the
plus an annual fee founding of the company needs to take place before
2. Securitization fee: A percentage of the amount the funding of the project can be committed.
securitized
3. Administration fee: A percentage of the This approach introduces some financial and governance
outstanding mortgage debt (part of the spread issues to overcome before the company actually can
paid by the borrowers) be founded. A project owner needs to be identified to
The size of these fees will decided during the finance and manage the needed activities listed below:
establishment of the company after further analysis of 1. A more in-depth analysis needs to be performed
the size of the market and the cost of establishing and regarding the introduction of the project in the
operating the MSP. UAE to prepare a business case to present for
possible investors.
4.2 Implementation – alternative 1: 2. Identify possible founding members of the MSP
Government Related Entity and develop investment plans and shareholder
If the MSP is established as a Government Related agreements to them
Entity (GRE), this will kick start the introduction of the
Mortgage Model in the UAE, as it is then assumed that
15
5. FINANCIAL OUTLOOK
This Initial Feasibility Study has not been focused Based on the experiences from Mexico and under
on preparing a financial analysis of the costs of the prerequisite that the model can be implemented
introducing the Danish Mortgage Model in the UAE, as described in this study including the sharia
but rather focused on the prerequisites for the model compliance, it is expected that the implementation
to work and the benefits to the UAE of introducing costs for the project including the setup of the MSP
the model. and the finance of the initial operational losses will
be in the area of 12-15 million USD.
The development of the housing market in the UAE
and the outlook for further development indicates A more in-depth analysis as part of the suggested
that there will be a good opportunity to introduce project to create an implementation plan will prepare
the model in the UAE. a better projection of the costs to establish the
project as well as the income. The project to create
The amount that is currently being mortgaged in a detailed implementation plan is expected to cost
Dubai during the current situation is worth 250 maximum 250.000 USD.
million USD monthly10 (30% of all sales in Dubai)
and this amount is estimated to be 25% of the level
before the crises started.
16 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
6. DEVELOPMENTAL PERSPECTIVES
The UAE is not unfamiliar with the development of The mortgage market will become more competitive,
mortgage products and services. During the last 5-10 loan terms will be more flexible for the borrowers,
years the mortgage business has developed and both the cost structure will be transparent and the loans
commercial banks and more specialized mortgage are expected to be cheaper which will open the doors
banks have provided mortgages. Tamweel and Amlak to more people to take on mortgages and own their
in Dubai and Abu Dhabi Finance in Abu Dhabi are own houses.
examples of such specialized mortgage banks. The
problem that has arisen as a consequence of the Further on the introduction of the model would ease
current crises is that the mortgages are financed the current situation where access to funds is limited.
through the balance sheets of the involved banks, Therefore many investors in housing today are stuck
which are now stressed due to the crises. with their investments and are unable to sell due
to the fact that potential buyers have no access to
The study has assumed that that a model following affordable mortgage financing.
the principles in the Danish Mortgage Model should
be implemented in the UAE but other alternatives It is though necessary that government supports the
could be considered. As part of the study the model and is willing to invest in the mortgage bonds,
mortgage models in Singapore and Hong Kong11 have at least in an initial phase, to launch the model and
been briefly examined. It is our opinion that these assist in creating a liquid mortgage bond market in
solutions will not bring the same benefits to the UAE the UAE.
as the Danish Mortgage Model. The Singapore model
is based primarily on subsidies from government and
the Hong Kong model is equivalent to the US model,
where the problems in that model recently have been
disclosed by the so called “subprime crise” within
the real estate market in the US.
11 Appendix 4
12 Appendix 2
17
7. SWOT ANALYSIS AND ISSUES
Strengths Weaknesses
• Introduce a mortgage model that is financed • No debt capital market established in the UAE,
through the capital market meaning there is no yield curve for government
• The UAE real estate market will be less dependant bonds to set the guideline principles for pricing of
on access to bank liquidity the mortgage bonds
• Cheaper funding for borrowers of private houses • No federal mortgage law supports taking over the
house as a collateral if the borrower defaults
• More flexible funding for borrowers with
transparent prepayment options at par and at • Low demand for long term investments in bonds
market price due to current limited need for savings in pension
funds and insurance companies
• Banks can free some capital by issuing Danish
Style Mortgages which allows for other business • Strata legislation is not fully implemented
opportunities with the same amount of equity • Land Department functionality is not fully
implemented
Opportunities Threats
• There is a need for mortgage financing now and in • High number of expatriates compared to Emiratis
the future (85/15%)
• According to several sources independently the • Expatriates has to leave the UAE with short notice
level of need for mortgage financing is around if they loose the job/work permit
25-30% of all sales of new units. • Expatriates can only acquire a house/apartment in
• Future need for mortgages is expected to be Freehold and Leasehold Land
higher due to more focus on middle class and also • Emiratis get land (Granted land) from government
due to a growing secondary housing market to build their house which can not be transferred
• The current (low) level of mortgages amounts to to others (not possible to take as collateral if
around 250 million USD per month according to financed through the mortgage model)
two sources
• The study has indicated that it will be possible to
use the Danish Model as basis for Sharia compliant
lending.
• There are plans in place both in Dubai and Abu
Dhabi to continue the construction of private
homes to drive growth
18 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
7.2 Issues and gaps
The study has identified some major issues and gaps
that need to be addressed for the project to succeed
in the UAE.
Capital There needs to be established a capital market in the UAE, where government will issue
Market
government bonds to act as benchmark for the mortgage bonds.
A government bond market is a prerequisite for the model to work properly. Initiatives are
on their way in the UAE. First issuances expected in late 2010 or early 2011. New status on
November 2010 is that the issuance is 1 year delayed.
Stock There needs to be a market place for the trading of the mortgage bonds.
Exchange
As the mortgage bonds are suggested to be issued in the local currency (AED), and the
majority of investors in the bonds are expected to be domestic, it should be investigated
further how the bonds could be listed at an UAE level, either at DFM and/or ADX.
Central There will be a need for a function at the UAE level for the registration of ownership to the
Securities Government Bonds and the clearing and settlement after trading.
Depository
(CSD) It is preferable that the mortgage bonds also are registered at this CSD to make tight
connections to the central bank for clearing purposes.
If a federal solution will not be in place from the beginning of the project, the CSD
functionality should be utilized at local emirate level.
Registration The Danish Mortgage Model is built on the prerequisite that the house/apartment is registered
of as collateral for the mortgage until the mortgage is fully redeemed.
ownership
To ensure the integrity of the mortgage model there shall be no question regarding ownership
to the property. This is essential for the markets evaluation of the quality of the collateral.
No federal function exists today. Dubai Land Department manages this in Dubai. In Abu Dhabi
this functionality is managed by the developers.
Mortgage The Danish Mortgage Model is built on the prerequisite that the house/apartment is registered
law as collateral for the mortgage until the mortgage is fully redeemed and that the mortgage
can be financed by issuance of mortgage bonds. If the borrower is not able to fulfil the
commitments to the mortgage, the MCI can through legal steps get access to the house and
sell it in a forced sale to cover for the defaulted mortgage.
It should be possible to take the collateral into possession and make a forced sale.
Solutions around bankruptcy and forced sales should be developed to cope with sharia
compliance.
19
Market The model requires some financial institutions to act as Market Makers to ensure having a
Maker liquid bond market with actual and fair buying and selling prices.
Some of the major players in the financial market should be urged to act as market makers.
We have received positive feedback from many banks and the following banks were
mentioned to us as potential market makers:
• Emirates NBD
• Abu Dhabi Commercial bank
• National Bank of Abu Dhabi
• First Gulf Bank
• Mashreq Bank
• Dubai Islamic bank
• Abu Dhabi Islamic Bank
Credit The model requires a realistic evaluation of the borrowers’ financial ability to fulfil the
Scoring obligations towards the mortgage.
Giving that more and more transactions need to be financed through mortgages in the future,
the need for the introduction of a viable model for credit scoring of the individual borrowers
increases. The process is furthermore complicated by the fact that expatriates can be asked to
leave the UAE with a short notice if they loose their job or by other ways loose their work permit.
Appraisal of The properties need to be appraised by strict procedures to determine a realistic value, as the
property mortgages are backed by the value of the collateral (the property).
In an economy where the housing sector is driven by development plans for growth in the area
there is a tendency that the natural demand for housing is less than the supply. When a crises
occur this turns into a problem, as there is too little “domestic” demand and there is a huge
oversupply of housing. How can a realistic evaluation process be established in the UAE?
Investors Mortgage bonds are long term, stable investments. We learned that short term investments
were the preferred investment form in the UAE currently.
There is not a tradition for long term investments in the UAE in debt instruments. Basically this
might be due to the fact that there is only limited demand for pension funds, life insurances
and similar kinds of services that requires long term investments.
Investors should be trained in this new investment possibility as well as government though
different institutions should be urged to invest in the mortgage bonds. Maybe the mortgage
bonds should have shorter maturity than what is the normal 30 years fixed rate mortgage
bond in Denmark.
Training of the investors should make them realize that a very liquid market makes long term
bonds suitable also for shorter term investments.
20 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
8. CONCLUSION AND NEXT STEPS
21
Absalon and DIFC have financed this initial step. The
project to create an implementation plan is estimated
to cost around 250.000 USD. A project sponsor is
needed to finance the work of the project team
to make the detailed implementation plan. So the
immediate next steps are:
• Identify sponsor to finance the next steps
• Identify members of the project team
• Identify governance of the project including
budget and timetables
22 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
APPENDICES
Appendix 1: Organizations and companies that participated in the Initial feasibility Study
23
Appendix 1: Organizations that participated in the Initial
Feasibility Study
24 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
Appendix 2: Mortgage Model in Denmark
The Danish Mortgage Model has existed for more than • International Monetary Fund (IMF): (2007)
200 years and has undergone only few minor changes A technical Note on the Danish Mortgage Market -
throughout the years. The model is still a viable, A comparative Analysis
strong solution to provide funds for housing through
continuous issuance of mortgage bonds in the same It’s important to notice that during the financial crises
quantity and nature as the underlying mortgages. the Danish Mortgage Credit institutions have been able
to continue to issue new mortgage bonds in the market
The Danish Mortgage Model is supported by legislation on a daily basis and that the ratings of the Mortgage
and market practices. Credit Institutions have not been changed during the
current crises.
During the 200 years of existence no single investor
has ever had a loss due to default of the mortgages,
and the model has survived several crises though the
years, including the current one, which started in
autumn 2008.
• Moody’s: (2002)
“Moody’s believes that Danish mortgage bonds
are very strong and very low-risk financial
instruments”.
25
Appendix 3: Implementation of the Danish Mortgage Model
in Mexico
26 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
Model : Danish Mortgage Model
the equity in his home. If interest rate in the market at a manageable transaction charge in
market goes up, price of property tends to fall. order to enable prepaying the mortgage. Ideally
But with the option of prepaying the mortgage by this is done by having a market maker system,
buying bonds at market price, it will be possible where one or several players guarantee to buy and
to sell the home at a lower price and still repay sell bonds with a specific margin to the official
the mortgage by the sales price, and even leave a price of the stock exchange – and such an official
remaining amount to the seller. price should exist.
• The security depository should have sufficient
The model works best if certain conditions are met by precision to handle interest payments on small
the market: denominations of bonds.
• It should be possible to tap issue bonds every time • New bonds should be able to be issued to the
a new mortgage is disbursed, either by selling the market makers at the last trading price for bonds
bonds directly in the secondary market (as done in in the same series.
Denmark) or by having frequent auctions. • Loans should be able to be refinanced without the
• It should be possible to redeem bonds by calling borrower having to pay for the registry of complete
a certain proportion of the outstanding bonds title work related to ownership of the property.
at par price. The redemption should be split
equally between all the investors by performing a As a result, the model gives:
mathematical drawing that randomly selects the • A very transparent system for the borrower,
bonds to be redeemed. leaving credit and interest rate risks with people
• It should be possible to cancel bonds which have who understand them, and ensuring him a fair
been used to prepay mortgages. interest rate
• The bond market should be liquid and pricing of • Unique prepayment options, which are protecting
the bonds should be fair, ensuring market interest the borrowers equity
rates to the borrowers. Further on, the borrowers • Bonds with no credit risk to the investors - during
should be able to make a fixed price agreement more than 200 years of history, no investor has
with a transparent price, and the borrower should ever experienced a loss on Danish mortgage bonds
be able to buy a small amount of bonds in the
27
Totalkredit – a Danish Mortgage Credit Institution leaving the client contact and most of the administrative
In 1990, when the large banks in Denmark were working work to established units already in contact with
on establishing “financial supermarkets”, more than potential clients makes the model very suitable to be
100 Danish local and regional banks decided to establish implemented in other countries.
a jointly owned MCI to enable them to offer mortgages
to their clients. Until that time the mortgages had only A Danish mortgage seen from the borrower’s
been sold through sales offices of the MCI’s. Also the perspective
MCI’s were turned into limited liability companies from From the borrowers point of view the Danish Mortgage
being owned by the members (borrowers). Model has the following characteristics:
• The mortgage is (normally) granted as a bond
The idea behind the decision was that the local loan. This means that the cash paid to the
banks had the close contact with the client and often borrower will be less than the principal amount
performed the counselling of the client if he wanted to of bonds issued in those cases where the bonds
buy a house, an apartment or a summer cottage. For are trading at a small discount, and equal to the
this reason, it was an obvious idea to enable the bank principal amount of bonds issued in those cases
to offer the client a mortgage instead of sending him to where the bonds are trading at par. (The bonds are
one of the established MCIs. callable at par, so a mortgage will never be funded
by bonds traded with a premium).
So Totalkredit was established as a small, centralized • The price of the bonds will vary over time before
MCI, which left all direct client contact to the banks. issuing the bonds, implicating that the actual cash
To be able to do this, Totalkredit developed IT systems, amount to the borrower can change compared to
which enabled the banks to perform counselling of the the amount of the loan offer.
borrower, and to do the administrative work of making • The interest rate of the mortgage will be the
the loan offer and having the mortgage deed signed coupon rate of the bond, plus a (fixed) margin to
and registered at the Land Registration. Totalkredit’s job cover servicing and 1st loss risk.
was then reduced to take care of the issuance of bonds • A borrower, who wants to avoid uncertainty
and collecting the payments from the borrowers. about the cash amount to be received from
the mortgage can elect to sign a fixed price
The banks were paid a fee to perform the administrative agreement, i.e. to take advantage of the fact that
work, and, in addition, they issued a first loss guarantee, the new bonds are identical to bonds already
for which they received a guarantee fee. So they had an trading in the market and strike an agreement
incentive to make business, but only with borrowers, with an investor (normally a market maker),
who they believed, could pay the instalments. stating that the investor will buy the bonds and
pay a certain price for the bonds, when they
The concept showed up to be very successful. are issued and sent to the market. In that way
Totalkredit took market shares from the old established the borrower knows his cash amount from the
MCIs. In 2003 Totalkredit was acquired by Nykredit, mortgage, but he will have to pay a small service
one of the biggest MCIs in the Danish market. Nykredit fee to get that certainty and cover market losses
had lost market to Totalkredit, and decided to buy if any in the event he decides not to borrow after
the competitor. However Totalkredit continued as a fixing the price..
separate brand and maintained the original business
concept under Nykredit’s ownership. In Denmark, where the mortgage market is very
mature, a number of other products are offered to the
The concept of creating a small, centralized MCI and borrowers, for example:
28 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
• Variable interest rate mortgages (funded in can choose interest only (if his credit score is satisfactory),
variable interest rate bonds) giving a monthly payment of 3,741 DKK during the first
• Variable interest rate mortgages with a cap (upper 10 years.
limit for the interest rate)
• Adjustable rate mortgages (funded in short Protection of the borrower’s equity
term balloon payment bonds and with frequent It has been mentioned earlier that because of the
refinancing) prepayment option, the Danish Mortgage Model has
an ability to protect the borrower’s equity. This can be
The mortgages are given as level payment loans or as illustrated using the facts in the above example.
a loan with up to ten years interest only, followed by a
(shorter) period during which the fixed loan payment is
increased and capital amortized. If the borrower in the example was able to pay the
down payment on the house without having to borrow
Example of a mortgage to a Danish borrower anything except the mortgage, his situation could be
A person buys a house at a price of 1,000,000 DKK. illustrated by:
Normally in Denmark he will be able to get a mortgage
of 80% loan to value, provided that his credit score
is satisfactory. So he will be entitled to a mortgage of
800,000 DKK.
The borrower then has an option to make a fixed price The loan to value at the time of buying the house is
agreement, ensuring him to get the 800,000 DKK, or 81.6% when looking at the mortgage and 80% when
he can choose to gamble on the change on price until looking at the bonds. Because of the prepayment
the bonds are issued and sold, and the loan is disbursed. option the real loan to value is only 80%, leaving 20%
There are of course some costs connected in making as equity.
the fixed price agreement.
Three years later, the debt has been reduced to 778,315
The borrower will pay an interest rate of 5%, equal DKK because of principal payments every month. If, in
to the coupon rate of the bond, plus a fee to cover the meantime, the interest level in the community has
origination, servicing, and credit protection. In Denmark raised dramatically, e.g. 300 bp, this could result in a
this spread on mortgages in private homes is normally decrease of house price of maybe 25%, meaning that
around 0.5%, giving a total interest rate in the example the value of the above property is now only 750,000
of 5.5%. DKK. So in a traditional mortgage system, the LTV
would have risen above 100, and the borrower would
The monthly payment will be calculated as a level be technically insolvent.
payment during the 30 years maturity, giving a monthly
payment of 4,730 DKK. As an alternative, the borrower
29
But the increase of interest level means that the bonds If, in the example, the 8% bonds are traded at a price
used to fund the mortgage will now be traded at a of 97, the borrower will be offered a new mortgage of
lower price in the market, e.g. 80 per cent. The result 622,652 / 0.97 = 641,909. Then the picture will be:
would then be:
The borrower will be able to prepay his debt at a cost If the maturity of the mortgage and the loan type are
of 622,652 by buying up bonds equal in amount to the not changed, and the borrower uses the new loan
bonds he still has the obligation to pay in the market entirely to refinance the old one, a new appraisal of the
and delivering them to the MCI. So instead of a loan of property is not required, and the borrower is entitled to
over 100% of the value of the property his real LTV in the loan, even though the loan to value will be above
the example is 83.0%, leaving an equity of 17.0%. the upper limit of 80%. (In fact the borrower is entitled
to have the cost of the refinancing financed by the new
So the borrower’s equity has been protected through mortgage as well).
this crisis. However, it should be noted that this
protection only works, if a liquid and transparent bond If the interest rate in the market later decreases again,
market exists, enabling the borrower to actually buy the borrower can make the opposite refinancing. This
bonds in the market at a fair price. time the borrower can prepay the mortgage at par price,
financing the prepayment by getting a new mortgage
Refinancing with a lower interest rate. Normally this will mean a bit
In order to give the borrower the full advantage of the higher debt, but the decreased interest rate means that
prepayment option, it should be possible to refinance the monthly payments decrease substantially.
the mortgage without the cost of registering a
mortgage deed in the property again (the charge If, in the above example, the crisis is over another
already paid should be allowed to be transferred to three years later, the borrower at that time will have
the new deed). In the above example, the borrower an outstanding debt of 619,822 DKK. He will be able
should be able to prepay the mortgage as mentioned, to prepay this loan by calling at par, and he will be
and then to finance the prepayment by getting a new able to get a new mortgage at a lower interest rate.
mortgage, for example financed with 8% bonds. The If a 5% bond is now traded at a price of 98 again,
interest rate is higher, but the debt will be substantial he will be able to get a new mortgage of 619,822
lower, ending up with approximately the same / 0.98 = 632,471. By doing this, the borrower will
monthly payment. increase his debt a bit, but he will get a substantial
lower monthly payment.
30 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
If the value of the property after the crisis has gone up Implementation in Mexico
to 1,100,000 DKK, his situation is now: Separating the originator and the issuer of bonds
During the implementation of the Danish Mortgage
Model in Mexico, it turned out that in Mexico the MCI
itself is often financially fragile. So to make the bonds
safe, they are issued by a trust instead of the originator
itself. So the below model was implemented.
31
The servicing of the mortgage (borrower contact, Prepayment by delivering bonds is done by the borrower
collection, handling of prepayments etc.) is handled by buying public bonds and delivering these to the 2nd level
the originator on behalf of the trust (but the money is trust. The trust cancels the bonds and sends back the
paid directly by the borrower to the trust). corresponding amount of private bonds to the 1st level
trust, who cancel both the bonds and the mortgage.
Two layer trust structure
Totalkredit was founded by a number of regional banks, As part of the model, a credit score system has been
who joined together to form only one MCI. To be able established with frequent scores of all borrowers within
to do this, the banks had to accept joint liability towards an originator. Every time a credit score is performed,
the engagements of this MCI. a new figure for required equity within the trust is
recalculated, and the originator needs to fulfil the new
In Mexico this model turned out to be impossible requirements. In this way, the credit risk is kept within
to implement. Each strong bank or Sofol (issuer of the first level trust, ensuring that the private bonds
mortgages in Mexico) wanted to form its own MCI issued by this trust can maintain their AAA rating. Early
to avoid joint liability with other banks or Sofols. in the life of a performing loan, capital will be released
Another reason for demanding separated bond issuers when the revaluation validates payments.
was a demand for separating the mezzanine bonds
“belonging” to the different issuers. In the Mexican model, each originator needs to form a
sub trust for each bond series. If a new bond series needs
That is not very consistent with the Danish Mortgage to be opened, e.g. because a new coupon interest rate
Model, which requires great liquidity in the bonds to is needed, the originator will have to create a new 1st
create transparency and to enable the borrower to level sub trust. In order to help keeping the credit risk
make prepayments by delivering bonds. For this reason, within the sub trusts belonging to a certain originator,
a two layer trust structure was defined. a capital centre structure has been formed. In order
for excess profits to be distributed to the originator, all
Each originator forms a first level (sub-) trust for each series in the trust must have adequate capital.
bond series. The trust issues private mortgage bonds,
and it is set up as a requirement, that these bonds can
be locally AAA rated by some selected international
rating agencies. This is obtained by defining different
requirements for equity and mezzanine bonds,
depending on the risk of the originator’s portfolio of
mortgages.
32 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
Model : 1st Level
33
Model : Structure
The above structure implicates that if one sub trust originator s to use the systems directly (as was the case
defaults (sub trust 1B in the example), excess liquidity with the banks joining the Totalkredit cooperation).
from other sub trusts associated with the same originator
will be used to cover the deficit in this sub trust before Other differences between Mexican and Danish
any spread is paid out to the originator. market
Denmark has a very efficient payment system, meaning
In order to administer the many trusts in an effective that the payments can be transferred from borrower to
way, a mortgage service provider, HiTo (Hipotecaria investor overnight. In Mexico neither payment system
Total or Totalkredit in Spanish) was established. So nor payment habits makes this possible, so it was
when a bank or Sofol wants to set up a trust using necessary to ask the originator to make deposits in the
the Danish Mortgage Model, they sign a contract with trust to cover next payment to investors.
HiTo, who takes care of all legal and administrative
work to establish and administer the model. HiTo Also the Danish foreclosure system is very efficient,
offers web based IT systems to be used directly by the while in Mexico forced sale can take several years
originator, or alternatively HiTo offers an interface, since the culture considers it a harmful step which one
enabling the originator’s own system to interact with should avoid. Both these factors increase the cost for
HiTo’s IT systems. the borrower as well as the capital demand in the issuing
trust (again increasing the cost for the borrower).
In Mexico, most originator s prefer the solution using
their own system to interact with HiTo’s system through Another aspect is the demand for preparing all
the interface, but the process of making the changes to documentation before accepting the mortgage. In
their systems has turned out to be very time consuming. Denmark, Totalkredit grants the banks six months after
So the fastest way to get started will be to force the the disbursement of the loan to finish all documentation.
34 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
If the bank fails to comply with that demand, the bank Conclusions
will have to take over the mortgage. The implementation of the Danish Mortgage Model
in Mexico showed that it is possible to implement a
In Mexico, HiTo decided to demand that all model that is true to the main principles of the Danish
documentation is present and accepted before the Mortgage Model in other countries. On the other hand,
mortgage is accepted. This makes the process less risky it showed that it is not possible to move the system
for the originator, but also more time consuming. directly from Denmark to another country as it is.
35
Appendix 4: Mortgage Model in Singapore and Hong Kong
Sources: Sources:
http://www.economywatch.com/mortgage/singapore. http://www.economywatch.com/mortgage/hong-
html kong.html
http://www.singstat.gov.sg/stats/keyind.html http://www.housingauthority.gov.hk/hdw/content/
document/en/aboutus/resources/statistics/HIF2009.
pdf
http://www.hkmc.com.hk/eng/index.html
36 Initial Feasibility Study: Mortgage Securitization Project In The United Arab Emirates (UAE)
Dubai International Financial Centre (DIFC)
The Gate, Level 14
P.O.Box 74777, Dubai, UAE
Tel: +971 4 363 2222
Fax: +971 4 362 2333
Email: info@difc.ae
Web: www.difc.ae
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