The recent property boom and bust cycle

property bom bustTHE financial stability of the Cypriot banking system is highly correlated to the real estate sector as the lending criteria that the banks applied reinforced the real estate crisis.

The large credit expansion of the years 2006-2008, especially to the real estate sector, led to a real estate “bubble”. As a result, the real estate prices collapsed, causing a large increase in the non-performing loans (NPL) that were collateralised by real estate.

To date, loan origination remains at extremely low levels and consequently the ability of buyers to buy property is low and the property prices remain depressed. This is what I had described as the “cyclical” effect of the lending criteria and policies employed by the Cypriot banks during the boom.

Many times, particularly during the inexorable rise in property prices in the period 2004-2008, the banks in Cyprus “underestimated” the credit risks implicit in mortgage loans. This could be attributed to various reasons, such as the lack of sophisticated systems of risk assessment and the lack of reliable data and information. The main reason, however, is that the continuous increase in property prices created a false sense of security in Cypriot banks and led to further credit expansion.

This behaviour was one of the main reasons that kept property prices ever increasing, and led to the subsequent deterioration of the loan portfolios of domestic banks. Currently, the sharp decline in property prices and the depreciation of mortgaged properties increases the credit risk and the bank capital requirements even further. The shortage in the supply of credit by the banks, reduces the demand in properties, commercial investments etc., inevitably reinforcing the downward trend of real estate prices.

The Central Bank of Cyprus (CBC) and the banks themselves have to consider the consequences of the property prices decline and the restructuring of their portfolios and adapt their policies accordingly. In order to do this, collection of data for all mortgaged properties, as well as data analysis using statistical/ econometric models and cartographic tools are needed. Using such tools, they can, for example, calculate the geographical concentration of properties/mortgages, the risk assessment to the sale/ divestment of specific properties in specific areas, etc.

The purchase of properties has become more vulnerable to the fluctuations of the prices because of the banking system influence. Theoretically, the decision of granting a loan must be based on long- term projections regarding the future value of the financed property until the repayment of the loan. Also, the repayment ability of the borrower has to be assessed and seriously considered. The lack of adequate information on the evaluation of the prevailing market trends and the possible future prices, however, prevents a correct evaluation. The funding decisions as a result, are primarily based on the prices of similar properties during that period.

The experience from international markets indicates that property prices are subject to considerable fluctuations, which may or may not coincide with the “economic cycles”. Under certain circumstances, these fluctuations may be reinforced and become much more intense due to the credit policy applied by credit institutions, when this policy is of cyclical nature. In any case, monitoring the evolvement of property prices should be of direct interest to the monetary and supervisory authorities. As the recent experience from the domestic financial crisis points out, the sharp decline of property prices may have a significant impact on the banking sector and thus on the real economy of the country.

It is not a big surprise that both the authorities and the banks are reviewing their credit rating systems and their methods of monitoring mortgages/ properties so as to better manage their portfolios.

Dr. George Mountis
Director, Business Development
Emergo Wealth

Let’s have coffee, reminisce and moan

kafenion coffee shopCYPRIOTS are increasingly finding themselves frustrated, marginalised and excluded from the decision making process of how their economy is run. With government policy dictated by the MoU, banks in the hands of overseas investors and the economy tangled in a state of deleveraging, Cyprus companies risk getting drowned in the storm waves.

July has been a particularly exciting month; the Troika carried out its quarterly review of the government’s progress on implementing the agreed Memorandum of Understanding (MoU), Bank of Cyprus secured €1.0bn of capital by issuing more shares, the Federal Bank of the Middle East (FBME) was accused of money laundering and its operations were taken over by the Central Bank of Cyprus, and the foreclosure process inched a step closer to being enacted. If a paragraph worth of ‘excitement’ isn’t enough, I don’t know what is.

At the end of all of this excitement Cyprus finds itself in an ‘interesting’ position.

The Troika had to crack the whip in order to get to an agreement with the government as to how the real estate foreclosure process will work (the law will go to Parliament in the next couple of days, where populist MPs will speak with vigour against the Troika and then vote for the law to pass – beggars can’t be choosers). Cyprus is no more the ‘Golden Child’.

Bank of Cyprus has gone from being a Cypriot-owned bank at the end of 2012, to it being a Russian-owned bank in March 2013 (due to the ‘haircut’ and the conversion of deposits to capital, 60% of shareholders of Bank of Cyprus were Russian nationals/companies). After the latest share issuance, it is now going to be a US controlled bank due to that the majority of the capital has come from US hedge funds. Thus, the two largest banks are now US controlled (US hedge fund Third Point owns 30% of Hellenic Bank) whilst the COOPs are 99% owned by the Cyprus Government (and will need to be sold at some point, probably to an overseas investor).

FBME was accused of money laundering by the US Treasury and its operations were swiftly taken over by the Cyprus Central Bank. The announcement was timed a couple of days before Bank of Cyprus’ share issuance,(which rattled investors, who offered somewhat lower prices). This development potentially comes at a great time for either Hellenic Bank or Bank of Cyprus, who could acquire FBME’s assets and strengthen their own asset base. If I were a conspiracy theorist I would say that by timing the announcement when it did, the US treasury secured a lower price for the hedge funds and simultaneously secured a way for them to bolster their investment by acquiring the FBME’s assets.

The above developments have caused many Cypriots (including the uber-populist Archbishop) to accuse the government of “selling them out”. As dramatic as the above reads I still find the delivery of a similar line in “On the Waterfront” far more convincing; Terry (Marlon Brando) reminds Charley that if it had not been for the fixing of the fight, “I coulda had class. I coulda been a contender. I coulda been somebody, instead of a bum, which is what I am, let’s face it. It was you, Charley”. Blaming everyone else for our own problems is a national sport.

So, where do we stand in the real estate market? The trough in terms of investor and buyer interest was in March, when there was heightened uncertainty around the economy and the banking sector. Prices still need to drop by an additional 10-15%, but this is almost irrelevant; the only way to get renewed market activity is to lower the unemployment rate and financial institutions to provide some debt for mortgages and investors. Neither of the above is likely to happen in the next couple of years as financial institutions are focused only on deleveraging. This means that transaction activity will remain at subdued levels, with buyers being overseas investors who don’t require debt finance (or are able to secure it from overseas) and cash buyers.

The question therefore is where do the opportunities lay? Is it targeting overseas investors looking to invest in the hotel industry? Specialising in the oil and gas sector and climbing on that bandwagon? Providing advisory services to foreign nationals looking at Cyprus’ nationalisation or visa program?

Cyprus is at the end of a creative destruction cycle and it’s time for businesses and individuals to reinvent themselves, looking at the opportunities that lay ahead rather than driving by looking at the rear-view mirror, reminiscing about how things were.

Pavlos Loizou
Managing Partner
Leaf Research
www.leafresearch.com

Foreclosure bill protects primary residences

home foreclosureTHE CABINET approved on Wednesday the amendments to the bill that were considered after pressure from all stakeholders, including political parties, property developers and home-owners, who wanted certain safeguards to be introduced, despite the Troika’s insistence of harsher measures to ensure than banks could recover assets or auction properties to pay down non-performing loans.

The primary home (ie. the owner is proven to be living there permanently) has been safeguarded only when the owner can prove lack of income or any other asset, thus ensuring low-income families do not lose the roof over their heads.

The new bill says that lenders can auction or sell mortgaged properties without the involvement of state services, even though the two parties may also resort to the Land Surveys Department, that so far had the exclusive right to sell or auction.

The bill’s provisions include:

  • The sale will begin 90 days after the last due payment (up from the present 30 days), during which time the property owner may seek to restructure the debt or ask for mediation, or even resort to the courts over credit facility disputes, during which time the foreclosure process is suspended. After the 90 days, the lender must notify the owner to settle the outstanding amount or foreclose, with a further 30 days allowed to dispute the action. If the property owner does not conform, the lender will notify of a date of auction, at least 30 days advance of that date, when the owner may once again dispute the final action in court if the terms of the mortgage have been violated, the owner was not notified properly, the notice was issued prior to the expiration of the due date of last payment, or if there is any other outstanding court case.
  • The lender must give ten days’ notice to appoint a property valuer to assess the sale price of the mortgaged property and then appoint a second valuer. The two, and independent of each other, must then deliver their valuation to the property owner and lender within 30 days. If the difference between the two does not exceed 25%, then the sale value is determined by the average of the two. If the difference exceeds 25% then, within five days, the lender must ask the Technical Chamber ETEK to appoint a third valuer who, within a further 30 days, must submit his own assessment. The sale price will be the average of the two median prices of the three valuations.
  • The initial sale is conducted by the lender only by auction which determines the reserve price as 80% of the property’s value and no less. If there is no interest, the lender may try again for up to three months by auction or direct sale, with the reserve price remaining at no less than 80% of the property’s value. If the property remains unsold, only then can the reserve price drop to 50% of the fair value for a period of nine months. The cycle may be repeated, but retaining a reserve price of no less than 50% of the fair value.
  • The lender may buy the mortgaged property only after 12 months from the start of foreclosure.
  • The whole process may be repeated every year until the property is sold.
  • If the mortgaged property is the primary home, then the new bill will be applicable after January 1, 2015, when the credibility (credit ratings) law comes into force, which also provides for the protection of the primary home and a quick resolve of outstanding debts only in the case when the owner is proven not to have any income or other assets.

Editors comments

Sparks are set to fly when the bill is discussed at a plenary session of parliament and put to a vote. Opposition parties are against the bill even though the release of next tranche of the island’s bailout is dependent on legislation being passed.

AKEL wants the bill to protect small business premises as well as primary residences and EDEK has dismissed the bill outright. DIKO warned that it will not support the bill if it considers the protection provided to primary residences to be inadequate.

Title Deed fiasco haunts IPT collection

Title Deed idiotTHE INLAND Revenue Department (IRD) has no mechanism to implement a clause in the immovable property tax (IPT) law which aimed to address the question of who should pay tax on properties sold without title deeds because it is unable to apportion blame for non-issuance, daily Politis reported on Monday.

On July 10, the House voted an amendment to the IPT law that removed the tax obligation on sold properties from developers and placing it on buyers, with the deed of sale serving as sufficient proof of ownership transfer in the absence of title deeds. According to the law, the only evidence a developer needs is a list of properties sold as at the start of each year to the IRD, along with a deed of sale for each. Without these, the developer remains liable for any IPT payable.

A subsequent sub-clause in the legislation stipulated that the above do not apply where the legal owner – the developer – is deemed responsible for the non-issuance of title deeds, as in the case of properties sold while encumbered with a mortgage already taken out on it. According to this provision, such developers remain liable for any IPT due.

The problem, Politis said, is that neither the IRD, nor the Land Registry – responsible for issuing title deeds – has a blame-apportioning mechanism for delays in issuing title deeds. Additionally, the law does not specify criteria that determine who bears responsibility in this context.

It is understood that failure to implement this provision will result in thousands of cases brought before the courts as both the homeowners and the developers who sold the properties refusing to pay the tax.

The amending bill had been voted into law near-unanimously – the Greens’ Giorgos Perdikis being the sole dissenter – as a compromise, levying IPT on properties based on 1980 values after opposition parties rejected a government bill that applied a much lower tax levy on 2013 values.

As the old law had placed the tax burden on property owners – with title deeds as the sole criterion for determining ownership – protection to developers from undue IPT payable was deemed necessary by deputies when they were told by Land Registry officials that some 40,000 title deeds had been issued but not collected by buyers who could not afford the transfer fees.

Property developers are now faced with an August 25 deadline for the submission of an exemption application to the IRD, in which they must list all the properties they sold but technically still own.

Meanwhile, the IRD said that, while it is unable to assign responsibility for the non-issuance of title deeds, it will follow its original schedule of mailing IPT-due notices to property owners.

Editors comment

Graffiti scrawled on a wall of the gents toilet in the House of Representatives:

“is there any intelligent life in the House of Representatives?”

Someone scrawled the answer:

“yes, but I am only visiting!”

Cyprus property valuations now online

property-valuesAS PART of Cyprus’ bailout agreement with the troika, Cyprus completed the revaluation of some half a million properties in June. Although it was planned that Immovable Property Tax for 2014 would be levied based on the up-to-date values, the draft bill was wrecked.

This article has been superseded by ‘Online Property Valuations Revisited

However, the revised property valuations are now available on-line at the Department of Lands and Surveys website. To find the up-to-date valuation for your property you will need to have either (i) its Title Deed or (ii) information about its location provided by your developer/vendor.

Proceed as follows:

  • Visit the home page of the Department of Lands and Surveys website.
  • Click on the “Navigate to a Parcel” link in the body of the page.(You may be presented with a ‘Terms of Use‘ page. If so, read the terms of use, select the checkbox “I agree with the above Terms of Use” to accept the terms and press the “Continue” button.)
  • Click on the Greek or English flag depending on your language preference and you will be taken to the Parcel Search page.
  • Follow the numbered steps shown in the red circles:

1. Click on Select area and hover your mouse over the District in which the property is located and select the Municipality/Village and the Quarter (if any) from the fly-out menu.

2. Click on the Advanced tab and use the drop-down menus to select the Sheet, Plan, Block and Parcel. (Refer to this diagram to see where to find the relevant fields on your Title Deed.)

(Note, if you have an ‘old’ white Title Deed, some of these fields may be in Roman numerals – convert there to Arabic numerals. E.g. XIII converts to 13.)

  • Once you have completed the five fields under the Advanced tab, click the OK button. The selected parcel should appear on the screen.
  • Finally, on the right-hand side of the screen click Valuation and the 2013 Registration value should be displayed.

Note. the website uses Microsoft Silverlight and on your first visit you may be prompted to install it and restart your web browser.

Note. The geographic data of the Department of Lands and Surveys, compared to the information provided on the maps and/or the satellite images provided by “Google Earth” and “Google Map”, are possibly different, due to different geographic projections. A maximum deviation of about 5 meters has been observed. This issue is being followed up closely in collaboration with the company and will hopefully be resolved soon.

Further reading

Further instructions may be found in the Parcel Search Application Instructions (published by the Cyprus Department of Lands and Surveys)

Immovable Property Tax Announcement

TAX DEPARTMENT
IMMOVABLE PROPERTY TAX DIVISION
ANNOUNCEMENT

THE Tax Department wishes to announce that the immovable property tax for the year 2014 is due for payment until the 30th of November this year.

All companies, organizations and individuals, either residing in Cyprus or abroad, who had immovable property registered in their name in Cyprus as at 1.1.2014, are subject to Immovable Property Tax, if the total value of their property on 1.1.1980 is valued over €12,500.

In case you don’t receive a tax assessment during August or if you so receive, but not all of your immovable property is included therein, then you are obliged to file a declaration (?.?. 303 2014) and pay the correct amount of tax. For objections you can fill in the form ?.?. 15??? 2014.

In case where the property of a deceased person has not yet been transferred to the legal heirs, the legal heirs have an obligation to pay the correct amount of tax to the Tax Department; by incorporating the value of the share of the property inherited to their declaration.

Any objections can be raised by 30.9.2014, by visiting personally or through your agent, the I.P.T division of the District Office at which your file is kept, bringing with you the tax assessment or if you reside abroad, by submitting it through the following web pages and stating in a clear form the exact reasons of your objection.

Nicosia  – [email protected]
Limassol – [email protected]
Larnaca – [email protected]
Paphos – [email protected]
Famagusta – [email protected]

The declaration form (?????? ?.?. 303 2014) is available on the web page http://www.mof.gov.cy/ird. Payment can be made by presenting the tax assessment at the Tax Collection Department of your district office or through the website www.jccsmart.com, and any of the Local Banks. Taxpayers, wishing to pay on-line through the website www.jccsmart.com, should insert the JCC reference number which is printed on the Immovable Property Tax assessment received and pay the tax due using their credit card details.

Taxpayers wishing to pay through any of the COOPs and any of the aforementioned Local Banks, should have with them the Immovable Property Tax assessment, their Identity Card and the amount of tax in cash or credit card.

The Department would like to bring to your attention that, if the I.P.T. is fully paid by 31.10.2014, a discount of 15% on the tax payable will be allowed. Any I.P.T. paid after 30.11.2014 will bear a 10% penalty plus interest and any other administrative charges imposed by the law.

For any further information, please refer to the Immovable Property Tax Division at the District Office of the Tax Department where your tax file is kept or visit our web page http://www.mof.gov.cy/ird.

Please find below useful telephone numbers of the Immovable Property Tax Division per District Office:

Nicosia – 22807488, 22807277
Limassol – 25803700, 25803746, 25803878
Larnaca- 24803658, 24803655
Famagusta/Paralimni – 23811458
Paphos – 26804342, 26804337

The Tax Department is looking forward to your co-operation and your prompt response in order to avoid unnecessary delays.

Notes

For guidance on completing ?.?. 303 2014 please refer to the translated form 303 (with example).

translated form 303 (with example)Read more at: https://news.cyprus-property-buyers.com/2013/10/18/money-off-your-immovable-property-tax-bill/id=0014973
Copyright © Cyprus Property News
translated form 303 (with example)Read more at: https://news.cyprus-property-buyers.com/2013/10/18/money-off-your-immovable-property-tax-bill/id=0014973
Copyright © Cyprus Property News