Non-performing loans restructured

Non-performing loans with Bank of Cyprus restructuredTHREE major Bank of Cyprus clients have restructured their non-performing loan obligations, with two more very close to clinching restructuring deals, likely to be finalised early next week, sources inside the bank have said.

The three locked-up deals involve the D. Zavos Group, Pafilia Property Developers and Tsokkos Hotels and Resorts. The Tsokkos deal was the last to have been finalised, signed on Thursday.

All five agreements – including the two to be completed before Christmas – would restructure outstanding loans close to a total €1 billion.

The names of the three clients that have successfully restructured their obligations with the BoC had made headlines last year when a confidential list of the Bank of Cyprus’ top-30 borrowers with non-performing loans was leaked to the press.

According to the list, which represented a snapshot of outstanding loans in June 2013, the Zavos Group had €134 million in unserviced exposures, Tsokkos had €172 million and Pafilia had €90 million.

Since then, the bank noted, clients have made repayments to some of their obligations but because one or more of their loans may have expired their entire portfolio was classed as non-performing.

But the successful restructurings will not see a reduction in the lender’s total NPLs for at least 12 months because the rules stipulate that in order for restructured loans to be considered serviced the new arrangements must have been met consistently for at least a year, Restructuring and Recoveries boss Nick Smith told the Cyprus Mail earlier this week.

Instead, the reduction will be recorded in terms of loans in arrears over 90 days, as the new restructured loans will be classed as non-performing in the ‘less than 90 days’ category.

“Even though the official non-performing exposure levels will not change for about a year, those who today dismiss the progress made will no longer be justified in doing so,” Smith said.

The restructuring deals involve the reorganisation of borrowers’ operations, constant monitoring and triggering mechanisms, and the break-up of obligations into serviceable and ‘bridge’ facilities.

The first facility will be a long-term loan to be repaid through operational profitability over 15 or 20 years, whereas the ‘bridge’ facility, a short-term deal spanning four or five years, will require only repayment of interest and modest capital repayment targets per annum.

If the terms of either facility are not met as scheduled, instruments such as floating charges and share pledges will be activated, transferring control of assets or a stake in the business, and asset disposals may be triggered.

The bank considers the deals to be ‘win-win’ arrangements, with companies returning to viability while the bank secures its own interests.

As part of the restructuring deals, borrowers will also be required to keep a ‘rainy day’ fund for emergency needs.

In other restructuring cases, still under negotiation, the borrower has offered to put up additional collateral, which will reduce the bank’s provisions for the loan in question, further improving its balance-sheet.

The philosophy behind the mutually agreed restructuring arrangements, bank officials said, revolves around the bank’s motto that “we are in the banking business, not the winding-up business”.

It is in both parties’ interest, the bank believes, to have a healthy organisation that is able to repay its obligations through operational profitability, rather than assume a predatory stance against delinquent clients. This attitude was touched on by Smith in his interview to the Mail.

“Yes, the [tougher foreclosure] law helped a lot, but I think the attitude of the bank has also helped,” he said. “We have seen an improvement in the way we are able to interact with borrowers.”

The breakthrough in coming to agreements with large borrowers over their unserviced exposures has taken so long to make for a number of reasons, bank officials said.

“Clients needed some time to absorb the fact that urgent and drastic action was required, and take ownership of their obligations,” one official said.

“There had also been a pervasive sense among the general public that the ‘big boys’ are about to be let off the hook again, which only made things more difficult. It was also a matter of finding the right solutions, inserting the right triggers, and devising appropriate mechanisms – not so much so that the bank can control the client’s business, but more so that it can make sure it would be informed of performance and remain in the loop at any point in time.”

Top 10 most read articles of 2015

top_10_storiesCYPRUS Property News attracted more than a million visitors since the start of the year and here is our list of the top 10 news articles and stories that have attracted the most interest from you, our readers during 2015.

In reverse order:

At number 10: Troika turns up the heat on Title Deeds – Money talked when the troika of Cyprus’ international lenders said that they would not release a tranche of bailout loan until Cyprus enacted legislation to protect those home buyers who had paid for their properties but had not received Title Deeds.

At number 9: Hidden mortgage bill passed – News that MPs had passed a bill to sort out the mess created by the failure to provide Title Deeds to people who had fulfilled their contractual obligations to their developer, but who could not get their Title Deeds due to their developer’s debts.

At number 8: President abandons home buyers – News that Cyprus president Nicos Anastasiades rejected a bill banning banks from repossessing homes that their purchasers had paid for because it created a general and permanent shield, not for vulnerable groups, but a number of sellers and land developers. (This was subsequently overtaken by the passing into law of the ‘hidden mortgage’ bill.)

At number 7: ECJ ruling protects consumers with Swiss franc loans – A report from a lawyer in whose opinion those who received loans in Swiss francs from banks were protected from exchange rate fluctuations following a ruling from the European Court of Justice (ECJ).

At number 6: Reduced property transfer fees – News that a bill had been passed that reduced Property Transfer Fees for transfers that take place by 31st December 2016. (Property Transfer Fees are the Cyprus equivalent of the UK’s Stamp Duty Land Tax.)

At number 5: Paying Immovable Property Tax 2014 – An article explaining how property buyers without Title Deeds should register with the tax authorities in order to pay their Immovable Property Tax liabilities. (This article featured at number 10 in our top 10 list last year).

At number 4: Title Deeds a complete and utter mess – An article from early in the year when MPs voted though amendments preventing banks from repossessing homes that people have paid for, although home buyers would still be unable to secure their Title Deeds until their developer’s debts had been repaid.

At number 3: Immovable Property Tax 2015 – Details of proposed bills to reform Cyprus tax framework and assess Immovable Property Tax based on the 2013 property valuations. However, these bills failed and we expect to see a revised Immovable Property Tax system introduced in 2016.

At number 2: Cyprus property valuations now online – Another article that we published last year explaining how home buyers could find the taxable value of their property following its revaluation by the Department of Lands and Surveys.

At number 1: Apply for your Title Deeds now – Details of how home buyers unable to get the Title Deeds to the property they purchased due to developers’ debts should apply to the Land Registry to secure those deeds; application fee €10/purchaser.

I’m pleased to say that after many years of inaction that Cyprus (with a little help from the troika) introduced a number of significant property-related reforms over the past twelve months; in particular the ‘hidden mortgage’/trapped buyer bill’ which has resulted in many thousands of people applying for the Title Deed to the property they purchased – and also the reduction in Property Transfer Fees for transfers that take place by 31st December 2016.

There remains much work to be done and let’s hope that Cyprus doesn’t rest on its laurels but continues to work towards providing a safe country in which to purchase property with effective laws to protect buyers’ interests – and unencumbered Title Deeds available for transfer on delivery of a property.

May I take this opportunity to thank you for your support and wish you all a very Merry Christmas and health, happiness and success in 2016.

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Central Bank must do more to solve NPL problem

Central Bank of Cyprus must do moreOn November 24th the Central Bank of Cyprus published data regarding NPLs. Reference date is 30th September 2015. The Delfi Partners Analytics team has analysed non-performing exposure data of the Cypriot banking sector, as published by the Central Bank of Cyprus (CBC). Findings are important for industry professionals, bankers and other political stakeholders.

The Cypriot banking sector’s NPL’s (total exposures) amounted to be €27.3 bn in September 2015 (47.8% of the total amount of loans), compared to €27.4 bn in August 2015. Despite efforts made by the State in terms of legislation, aiming for NPL reduction, either via restructuring or via other tools that would facilitate arrangements, little progress has been observed in the banks’ balance sheets. However, it appears that the upward trend in NPLs observed over the last years has finally come to an end, although the resulting NPL figure is now alarmingly high.

According to the CBC, NPL’s dropped slightly in September 2015, by €50 mn compared to August 2015. Household exposures did not follow the overall trend, however, as total NPLs amounted to €12.8 bn from €12.7 bn in August.

Restructuring measures were taken for €5.7 bn in September compared to €5.8 bn in August 2015. Accumulated impairment losses amounted to €4.3 bn, accounting for 33.6% of total household NPLs. For businesses, the total NPLs amounted to €13.8 bn or 57% of total loans €24.2bn. Accumulated impairment losses for NPLs reported on the banking system balance sheets amounted to €9 bn or 33% of total NPLs.

Loans restructured by the end of September 2015 amounted to €13.9bn, of which €10.4bn million are still classified as non-performing. The root cause of this is two-fold:

  1. According European Banking Authority’s (EBA) definition, when a non-performing loan is restructured, it is no longer considered as performing, but remains classified as non-performing for a period not shorter than 12 months, even if the loan is serviced without delay and in accordance with the new repayment schedule.
  2. In addition, the use of the aforementioned definition, explains the difference observed between the amount of exposures with arrears of over 90 days (running on 30th September, 2015 to €22.1 bn), and the amount of non-performing exposures, which amounted at that date to €27.3 bn.

Restructuring & Workout

Commenting on the loans restructuring progress, the CBC stated that the directive on management of delays was adopted in order to facilitate borrowers to service loans through equity from banks, minimize divestments amount and ensure business sustainability to support the island’s economy. At the start of 2015, the CBC revised the Directive to facilitate and speed up the restructuring progress, by setting time limits to both banks and borrowers in the data delivery and compilation of restructuring proposals. Furthermore, a clarification was provided to banks stating that the information they should require from customers should be limited to what absolutely necessary to assess repayment ability of the borrower. Our position remains that the information needed and the whole process is needlessly complicated and needs to streamlined and simplified (especially considering the loan assessment framework progress from an oversimplified loan review process in 2007 contributing to NPL formation to an overly complicated and time consuming process hindering NPL workout in 2015).

Sufficient information

The CBC Directive provides a framework for managing arrears – it is up to each bank to examine each borrower’s situation and offer a restructuring solution to borrowers who are cooperative and provide full details of their income, making it easier to judge their repayment ability. This approach is essential to design a suitable restructuring solution (i.e. considering repayment ability rather than just tangible collateral). It is also advisable that banks also examine collateral’s liquidity prior to mortgaging assets; while some assets might have a higher theoretical valuation, not all assets are equal as far as time required for disposal to the open market is concerned (limited exit strategies).

Therefore, the borrowers who wish to restructure their loans are encouraged to ensure that they provide sufficient information on their income, especially SMEs, which often neglect to prepare financial statements, complicating and delaying the loan assessment process.

According to CBC analysis, the progress of restructurings is slowly picking up pace. For instance, the amount of loans restructured during the first quarter of 2015 amounted to €0.9 bn, during the second quarter of 2015 to €1bn, while the third quarter of 2015 the volume of loans restructured increase further to €1.3bn.

Large volume of loans in arrears

Reviewing the CBC analysis, it appears that the assessment of restructuring progress ought to take into account the large volume of loans in arrears, which should be considered for restructuring. It is reported that during the third quarter of 2015, there were 13,924 applications for restructuring, of which about 7,672 cases or 55% of restructurings where actually agreed, while 5,284 cases or 38% were transferred for consideration in the next month and 968 cases or 7% were rejected either by the bank or the borrower. Banks are trying to utilise new tools to reduce NPEs; however, the process is still very slow and overly-complicated. Banks also need to shift more staff to these workout departments and specialised training needs to take place so that staff is amply equipped to understand the new NPE realities and dynamics.

Finally, the CBC must push for a greater volume and quality of loan restructurings in addition to halting the creation of new non-performing exposures, for which it has implemented a framework of objectives assessed through four indicators, announced and posted on the CBC website (September 2015). The implementation of these objectives will be monitored by the CBC, which will review these objectives quarterly. Banks are obliged to provide proper and ample justification for any deviations from the four goals.

Dr G Mountis
Analytics
Delfi Partners & Company

Further reading

Central Bank of Cyprus Bulletin

Immovable Property Tax collected €84.48 million

1

Immovable Property TaxTHE GOVERNMENT had collected €84.48 million from the immovable property tax (IPT) 2015 by December 3, which accounts for some 82.25% of the total amount owed.

The total discount granted to tax-payers who paid the tax by December 1 – benefiting from a discount of 20% and 17.5% according to the relevant law – was up to €20.29 million. The percentage of individual taxpayers who have paid their tax was 89.55%, while the responding percentage for legal persons was 70.49%.

A total of 77% of taxpayers who belong to higher tax brackets have paid. According to the records of the tax department, 272,003 tax payments were imposed.

The amount which remains to be collected is €22,804,614, which corresponds to 17.9% of the total amount due of €127.39 million.

– Cyprus News Agency

Bank of Cyprus NPLs at tipping point

Bank of Cyprus NPLs at tipping pointBANK of Cyprus’ head of restructurings and recoveries said that the lender is at a “tipping point” in reducing bad loans after the pace of restructurings picked up in the second quarter and is considering reducing its exposure in larger loans through syndication.

The bank saw for the first time in the second quarter a quarterly drop in 90-days-past-due (90 plus) loans by over €50 million, while the pace picked up in July to September and is further expected to do so in the remaining months of 2015 and in 2016, Nick Smith, a former KPMG and Royal Bank of Scotland executive, said in an interview on Friday. He predicted more “announce-able developments in the next four weeks.

“In the second quarter there was a positive movement in Cypriot 90 plus but quite modest,” said Smith, a British national who joined Cyprus’ largest lender in August, in his first interview after his appointment.

He succeeded Euan Hamilton, the executive who oversaw the creation “from scratch” of a specialised restructuring and recoveries division at the bank after taking over in late 2013.

“That was an important signal that for the first time we were seeing a reduction in that number.” he said. “I think we came into the third quarter and we started building some pace with some big deals; there were three big deals in the third quarter and we did some great work in the mid-market area of the business in particular, so we delivered about a €200m reduction in round numbers of Cypriot 90 plus reduction.”

“Even though the official non-performing exposure levels will not change for about a year, those who today dismiss the progress made, will no longer be justified in doing so,” Smith said.

Smith said that the drop in the bank’s mammoth delinquent loan portfolio resulted from a combination of factors, including the adoption of controversial legislation which aims at speeding up foreclosure procedures as well as a successful learning process at the bank.

“Yes, the law helped a lot, but I think the attitude of the bank has also helped,” he said. “We have seen an improvement in the way we are able to interact with borrowers.”

Bank of Cyprus, which generated an after tax loss of €261 million in 2014 mainly on increased provisions related to its operations in Russia, saw its non-performing loans drop to €14.2 billion or 62 per cent of its gross loans in September from almost €15 billion or 63 per cent in December. The drop was also a result of disposing of Uniastrom, its loss making Russian unit. The bank’s 90 plus-days-past-due loans fell from almost €12.7 billion or 53 per cent in December to €12 billion or 52 per cent in September, when the bank announced an after tax profit of €73 million.

Risk syndication

Smith added that following the adoption of the law that allows banks to sell loans to third parties which – together with the foreclosure law – was part of Cyprus’ €10 billion bailout terms, the bank is considering selling some of its larger exposures “in order to diversify risk”.

“That’s what we are doing with our major borrowers in particular, agreeing conditions under which we can syndicate our exposure and it’s important for us as a bank,” Smith said, adding that it was a practice applied by lenders in Europe.

“It’s not healthy for a bank to have very large exposures to single names. It’s much more healthy for banks like Bank of Cyprus to own the customer relationship and deal with the day-to-day customer issues but then syndicate that debt down to a pool of lenders in order to diversify risk.”

Whether the bank does proceed to sell loans to third parties is “dependent on the appetite of international investors” which in turn other factors determine. These include the Cypriot economy’s outlook, investors’ trust and faith in the Cypriot political and legal system, including the foreclosure and insolvency legislative framework, “and importantly the price they are willing to pay because we are not in the game of seeking to offload loans at any price,” he said.

“It’s damaging for our balance sheet and to be honest, we have structured deals in such a way that they are sustained,” he added. “They are supportable by the cash flows of the businesses we are lending to and we will get deleveraged over time. Either option is appropriate for us”.

As for himself, Smith said that he has a mixed faith in the Cypriot political system. “I’ve seen good things happen that have helped me do my job,” he said. “Some of the things they are doing about tax, transfer fees are hugely helpful to both attracting international investors and me in executing restructurings. The foreclosure law did take quite a long time to come in and as we sit today it’s been frustrated by processes that should have been ironed out from the start”.

Quality restructurings

The Bank of Cyprus executive reiterated that while the lender is not intending to foreclose on principal residences, it is not guaranteeing that it won’t do so if borrowers fail to cooperate.

“From my perspective, it comes down to cooperation, and if people are being open and honest and are showing us what they are being paid or what they are not being paid, they are being honest with household expenses and share how they need to live and survive, then we are not going to start foreclosing those people,” he said. “If people are misbehaving or giving us no information, then I am never going to say never to those and you wouldn’t expect me to.

“The current strategy of non-engagement is a flawed strategy for borrowers, because while we can wait and have patience, we ultimately need to make a decision on all of the borrowers and it’s far better to make that decision on an informed basis with good information than it is to make that decision on an uninformed basis applying guesswork,” the British banker said.

Even when borrowers do engage with the bank to find a solution to their non-performing loan, only half of the job is done. “When you do a restructuring, it’s not magic,” Smith said. “It fixes the balance sheet, but you still have a borrower who’s got to generate cash, to generate profits and that’s what gets us repaid also. And therefore these things always require some time to test their robustness.”

For the time being, the restructuring deals the bank has made with its customers “are performing pretty well” while the bank has encountered an increasing desire among non-paying borrowers, including “big guys and little guys” to cooperate.

Smith said that while the restructuring of the facilities the bank’s top 30 borrowers, which account for more than one third of its non-performing portfolio and therefore are treated with priority by the bank, is making progress, the procedure is complex and time consuming. Even in the UK, large restructurings may often take up to 24 months and are not completed until actually implemented, he said.

“I break down the discussions we have had in two areas,” he said. “One is reaching a commercial agreement on how you restructure facilities, and the second is how you document that commercial agreement in a much more robust way than has ever been done before in this market. We found the first part of that was reasonably easy to get to. The second part has been harder.

“You have to be careful when you are setting pace because you can do things quickly but you can do things wrong,” Smith said. “And if you do things quickly and wrong you end up having to do them four, five times”.

Cyprus back at number 10

Cyprus property at number 10CYPRUS leaped four places to number ten in the November 2015 edition of the ‘Top of the Props’ published by the property portal TheMoveChannel.com, accounting for 2.29% of on-line searches on the property portal.

According to the portal, USA remains the most popular real estate market, accounting for nearly one in ten (9.50%) of all enquiries, followed in second place by France, which accounted for 6.59% of all enquiries.

This is only the second time Cyprus has been in the Top 10 since December 2013, 23 months ago and real estate enquiries have returned to levels last seen in 2013.

Commenting on Cyprus’ return to the top 10, Director of TheMoveChannel.com Dan Johnson notes: “Cyprus has had a difficult time in the years since the financial crash, with any potential rebound hampered by the banking crisis and title deed issues.

Throughout 2014, the island lingered outside TheMoveChannel.com’s Top 10, suggesting the promise of overseas interest in its low-priced real estate, but Cyprus fell even further amid the uncertainty surrounding Greece’s economy: in May 2015, the country tumbled to a record low of 26th in the Top of the Props chart, with just 0.27 per cent of enquiries made on TheMoveChannel.com.

“Now, though, as sentiment surrounding the European economy improves, bolstered by the weak single currency, Cyprus has surprised everyone by bouncing back into the Top 10, with its highest level of enquiries in 34 months. Is it a flash in the pan, or can it continue the long, slow climb back from the brink in 2016?”

The full Top 40 destinations on TheMoveChannel.com in November 2015 can be seen below.

Rank Country Share (%age) Change
1 USA 9.5 No change
2 Spain 6.59 No change
3 Portugal 5.34 Up 1
4 Turkey 4.8 Up 3
5 Brazil 3.53 Down 2
6 France 3.15 Down 1
7 Italy 3.12 Up 2
8 Canada 2.87 Down 2
9 UAE 2.41 Down 1
10 Cyprus 2.29 Up 12
11 Bahamas 1.61 Up 28
12 Thailand 1.36 Down 1
13 Uganda 0.85 No change
14 Cape Verde 0.83 Up 2
15 Australia 0.83 Down 3
16 Bulgaria 0.7 Down 1
17 Greece 0.7 Down 3
18 Belize 0.67 No change
19 India 0.6 No change
20 Romania 0.58 Up 7
21 Croatia 0.52 Up 5
22 Philippines 0.5 Down 5
23 Egypt 0.47 Up 7
24 Germany 0.41 Down 6
25 Barbados 0.4 Down 12
26 Slovakia 0.34 Up 22
27 Malta 0.3 Up 5
28 Morocco 0.28 No change
29 Fiji 0.25 Down 4
30 New Zealand 0.18 Up 1
31 Poland 0.18 Down 7
32 Austria 0.18 Up 1
33 Hungary 0.17 Down 10
34 Ireland 0.15 Up 3
35 South Africa 0.15 Down 15
36 Dominican Republic 0.14 No change
37 Slovenia 0.09 Up 5
38 Qatar 0.08 No change
39 Panama 0.08 Down 5
40 Cayman Islands 0.07 Down 30

About Lead Galaxy and TheMoveChannel.com

Founded in 1999, TheMoveChannel.com is the leading independent website for international property, with more than 800,000 listings in over 100 countries around the world, marketed on behalf of agents, developers and private owners.

TheMoveChannel.com is one of more than a dozen international property sites operated under the Lead Galaxy brand. Lead Galaxy provides online marketing solutions to thousands of property companies worldwide, focusing on portal listings, email marketing, qualified leads, paid search and social media advertising.

The business is headquartered at 24 Jack’s Place, Corbet Place, Shoreditch, London, E1 6NN.