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MORTGAGE BONDS : BEST USAGE AND BEST PRACTICES. HOUSING FINANCE IN EMERGING MARKETS: POLICY AND REGULATORY CHALLENGES THE WORLD BANK, MARCH 10 – 13, 2003 Olivier Hassler The World Bank Financial Sector Operations and Policy Department . MORTGAGE BONDS.
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MORTGAGE BONDS : BEST USAGE AND BEST PRACTICES HOUSING FINANCE IN EMERGING MARKETS: POLICY AND REGULATORY CHALLENGES THE WORLD BANK, MARCH 10 – 13, 2003 Olivier Hassler The World Bank Financial Sector Operations and Policy Department
MORTGAGE BONDS • DEFINITION AND FUNCTIONS • THE FOUR COMPONENTS OF A MB SYSTEM • BEST USAGE / BEST PRACTICES
MORTGAGE BONDS : DEFINITION AN INSTRUMENT DESIGNED • TO RAISE LONG TERM FUNDS… • WITHOUT ASSETS SALE • WITHOUT EXTERNAL CREDIT ENHANCEMENT CHARATERISTICS • LIABILITY OF INDIVIDUAL LENDERS(ON BALANCE-SHEET) … • WITH A SAFETY NET: • A PLEDGE… • ON PRIME QUALITY MORTAGE LOANS • THAT INVOLVES SPECIFIC REGULATION AND SUPERVISION ( QUALITY NORMS FOR DECENTRALIZED ISSUERS AND BANKRUPTCY PROTECTION)
MORTGAGE BOND MARKETS • EUROPE: EURO-ZONE, EASTERN EUROPE, NORDIC COUNTRIES • LATIN AMERICA: CHILE, PERU, COLOMBIA… • OLD INSTRUMENT IN A FEW COUNTRIES (CHILE, DK, FR, GER..). A RECENT INNOVATION IN MANY MARKETS • EURO-ZONE: 300 Bln $ (GERMANY : 230 Bln $) • OTHER EUROPEAN MKETS: 250 Bln $ (DK : 150Bln $) • RELATIVE WEIGHT: / MORTGAGELOANS/ GDP DK 97 % 100 % CHILE 72 % 12 % GER 19 % 12 % (2001 figures . European Mortgage Federation for European countries)
THE BENEFITS OF MBs • IMPROVE AFFORDABILITY: • BRING SECURITY. HENCE: - HIGHER RATING (BOND GRADE CAN BE > ISSUER’SGRADE : 1-3 NOTCHES TYPICALLY) - LONGERMATURITY • FOSTER LIQUIDITY SIMPLE, STANDARDIZED INSTRUMENT • a) + b) = LOWER COST OF FUNDS SPREADS (EUROPE) : +/- 5-10 BP OVER SWAP YIELD CURVE • PROMOTE LOW INTERMEDIATION COST - DK : +/- 50 BP - CHILE : 100 – 150 BP (VS 300 BP 1988-1993)
THE BENEFITS OF MBs,continued • LEVER FOR THE DEVELOPMENT OF A BOND MARKET • INSTITUTIONAL INVESTORS COMPARTMENT NEEDS DIVERSIFICATION OF VEHICLES TO GROW • ALTERNATIVE TO GOVERNMENT PAPER Ex CHILE MBs SHARES IN INSTITUTIONAL PORTFOLIOS: - PENSION FUNDS = 16% - INSURANCE COMPANIES = 24% • ASSET-LIABILITY MANAGEMENT TOOL • DOES NOT REQUIRE SELLING BEST ASSETS,thus lowering global performance ratios • DECENTRALIZED INSTRUMENT (name recognition) • BUT A CHALLENGE: relative rigidity towards interest rate strategies
THE FOUR COMPONENTS OF MB • QUALITY OF PLEDGED PORTFOLIOS • COLLATERALIZATION MECHANISM • PROTECTION AGAINST LENDER/SERVICER ‘S INSOLVENCY • FINANCIAL MATCHING
QUALITY OF THE COLLATERAL • LENDING CRITERIA • LIEN: FIRST MORTGAGE SOMETIMES PUBLIC GUARANTEE (DK, FR) • PURPOSE: RESIDENTIAL + COMMERCIAL WITH RESTRICTIONS • LTV: TYPICALLY RESIDENTIAL< = 80% COMMERCIAL < = 60% • VALUATION RULE: TYPICALLY = “PERMANENT” VALUE • DEBT-TO-INCOME = ONLY CHILE
QUALITY OF THE COLLATERAL continued • EXISTING PORTFOLIO • EXPEDIENT FORECLOSURES Mortgage rights efficiency = critical Specific regime, at least originally: CHI, POL. • REPLACEMENT OF LOANS IF FALL OF PROPERTY VALUES: CHILE • IF OPEN-ENDED COVER POOL: NPL AVERAGING EFFECT • SPECIFIC SUPERVISION TYPICALLY : • BONDS /LOANS REGISTER • SPECIAL AUDITOR / TRUSTEE (FR ,GER,POL, RUS, SLK) OR SUPERVISOR (CZ) : for checking the compliance of quality standards and cover requirements
COLLATERALIZATION PRINCIPLES • COVER PRINCIPLE Bonds to be backed at any time by an at least equivalent amount of eligible loans in the same currency Issues : - Nominal amount or fair value? - Overcollateralization? • INSOLVENCY INSULATION • The assets cover is excluded from the general bankruptcy estate (ringfencing) • MB holders have a priority claim on the cover • Bankruptcy does not trigger acceleration of MB repayment
COLLATERALIZATION STRUCTURE TWO PRELIMINARY ISSUES : • MB ISSUER = SPECIALIZED OR DIVERSIFIED INSTITUTION? • Most frequent case: business legally restricted to mortgage lending and ancillary activities for safety reason (DK, FIN, FR, GER, HUN, POL..). • Diversified issuer: LATIN AMERICA, CZ, LATV ,SLK, SP • THE BONDS = Pass-through securities backed by segregated pools of loans (CHI, DK), or fungible debt secured by a whole, dynamic portfolio ?
COLLATERALIZATION STRUCTURE: SPECIALIZED PATTERN DIVERSIFIED FINANCIAL INSTITUTION Priority rank of MB holders of little use if no other creditors Little room for overcollateralization (New DK system: 4%) Some lending diversification oftenallowed, but can be dangerous (correlated risks) Trend: Mortgage banks = specialized subsidiaries of diversified groups. A way of ringfencing the assets cover Issue: remoteness from parent’s bankruptcy But otherwise institutional support
COLLATERALIZATION STRUCTURE:PASS - THROUGH SERIES • No financial risk for the issuer • Customer: technical constraints • Investor: perfect financial cover, but closed pools. Strong reliance on the issuer’s guarantee
COLLATERALIZATION STRUCTURE: DIVERSIFIED INSTITUTION PATTERN • Global cover • Opened pool. Issues against seasoned loans • Substitute collateral necessary (within limits: typically 20% of the portfolio) • Possible present value coverage • (alternatively): Overcollateralization possible (ex. BUL, LAT : 10%) Flexible and secured model
OPTIONS IN SEEKING INSOLVENCY PROTECTION • CONTINUATION of PORTFOLIO If taking over cash-flows without selling: best protection of the bonds. Little overcollateralization or other enhancement devices needed. Prerequisite: ability of primary market to ensure taking over . Conditions: • Legal/operational • Back-up servicer/ lender • LIQUIDATION OF PORTFOLIO May occur if no assignment or breach of covenants/ requirements. The severity of loss will then depend on: • Fair value cover • Sufficient collateralization (major issue for former US MBs) • Priority claim on non-eligible assets if shortfall • Extent of privilege on cover pool (Before taxes, wages ?)
INTEREST RATE RISK The simplicity of MBs and their market can lead to maturity and cash-flow mismatches, and the impossibility to externalize prepayment risks. A significant interest rate risk may stay at the lender’s level. • The way of mitigating /managing interest rate risk depends on MARKET CHARACTERISTICS • Primary market:Acceptance of - Prepayment partial exclusion - Prepayment penalties at their economic value - Taking over market risk on loan disbursements (CHI, DK bond loans) • Capital market: Acceptance of embedded call option • Availability of derivatives • In the absence of such conditions, MB(fixed rate)preferably be part of a funding mix. Other components help cushion mismatches and uncertainties
INTEREST RATE RISK, continued • THREE TYPES OF REGULATORY ANSWERS • NO PROVISION: Global Nominal cover No guaranteed matching • STRICT SYMMETRY: loan/loan nominal pass-through (CHI, DK) Constraints for the borrowers, funding of seasoned loans excluded • GLOBAL ALM REQUIREMENTS: RECENT TREND • An easy solution: banning borrower prepayments for a certain period: GER, POL • Net present value coverage: GER, IRE • Global limits on financial imbalances: DK(new cover system) • Inclusion of swaps in the cover principle: FR, FIN,GER,IRE
BEST USAGE / BEST PRACTICES • MBs VS MBS • Less legal complexity (incl. tax, accounting, prudential rules) • Different issuing strategy: more liquidity, less investor’s customization • MBs do not require a “market” for credit risk • A frequent impediment for actual securitization in an emerging market (lack of insurers, investors, data…) • MBs: credit risk clearly located. Monitoring and supervision easier • A converging trend: • New MB frameworks = structured finance patterns, close to bankruptcy remoteness, • On-balance sheet portfolio pass-through possible COLOMBIA = interesting example
BEST USAGE / BEST PRACTICES • LOAN PREPAYMENTS ARE THE MAJOR ISSUE TO ADDRESS • Callable bonds might not be • Accepted • Consistent with borrowers near-free options • Efficient : option priced on the capital market independently of actual loan prepayment rates • An argument in favor of a flexible institutional framework compatible with diversified sources of funds
BEST USAGE / BEST PRACTICES LESSONS FOM SLOW TAKE-OFFS • LACK OF CONFIDENCE IN REAL ESTATE LOANS AS COLLATERAL • Strong creditor rights required for all mortgage-related securities • Mortgage registration process can also be a concern • LINKAGE MBs -SPECIALIZED INSTITUTIONS • May be too strong a constraint in a newmarket • Redundant (no other creditors), unless specialized arm of a group (a ringfencing method) • Inducement to rent-seeking Trend towards a relaxation of business restrictions (POL) and the use of overcollateralization (LAT) • FINANCIAL MISMATCHES • Interest rate risk stays with lender: MB regulation should include financial balance obligations (fair value cover…) • A good opportunity to bring in Asset/Liability prudential rules
BEST USAGE / BEST PRACTICES LESSONS FOM SLOW TAKE-OFFS • CAPITAL MARKET ACCEPTANCE • The label is not universally familiar, …but the structure may be. • Capital market rules should reflect the enhanced security: - Investors: adjustment of investment guidelines ( ex.: EU relaxed risks limits art. 22(4) of the UCITS Directive) - Central Bank: eligibility to repos - Payment systems : eligible collateral • Tax privileges are tempting incentives, but - Distort market - Counterproductive in the long run