Law Summary
Authority to Issue Financial Obligations
- The Commission may issue bonds, debentures, securities, and notes with the President’s approval, after consulting the Monetary Board.
- Issuance aggregate limit is tied to the total principal obligations insured plus the authorized Home Financing Fund.
- Obligations bear interest up to 7% per annum and are redeemable at the Commission’s option.
- Obligations are secured by the Commission’s assets including securities held under this Act.
- These financial instruments are tax-exempt except for estate, inheritance, and gift taxes.
- The Government of the Philippines guarantees full and unconditional payment of principal and interest.
- Bonds are registered at the holder’s request under prescribed regulations.
Insurance for Property Improvement Loans
- The Commission insures qualified lending institutions against losses from property improvement loans.
- Two loan classes exist:
- Loans up to ₱10,000 for repair, alteration, or improvement of existing structures, repayable over up to 10 years.
- Loans up to ₱20,000 for alteration, repair, improvement, or conversion of multi-family dwellings, repayable over up to 20 years.
Mortgage Insurance Eligibility Criteria
- Mortgages eligible for insurance must:
- Have principal obligations not exceeding ₱30,000 per family unit and 95% of appraised value for single-family residences.
- Mortgagors must be owners and occupants and have paid at least 5% of the appraised value in cash or equivalent.
- Alternatively, smaller mortgages up to ₱9,500 covering the appraised value are eligible without the 5% cash payment requirement.
- Maturity must be satisfactory but not exceed 40 years.
Interest Rate on Insured Loans
- Insured loans bear interest not exceeding 10% per annum exclusive of insurance premium charges.
Procedures on Mortgagee Default
- Upon default, mortgagee conveys property rights and assigns claims to the Commission.
- The mortgagee’s obligation to pay insurance premiums ceases.
- Commission may pay in cash or issue debentures equivalent to the mortgage balance.
- The outstanding balance includes unpaid principal, applicable fees, taxes, liens, and insurance premiums.
Debentures Issued to Mortgagees
- Debentures are executed in the Home Financing Commission's name and signed by the Chairman-General Manager.
- They are negotiable, tax-exempt, secured, and fully guaranteed by the Government.
- Interest rate on debentures does not exceed the principal obligation’s interest rate.
- Interest is payable semi-annually.
- Maturity is 10 years from issuance or shorter if linked to mortgage maturity.
- Debentures may be used to pay insurance premiums.
Mortgage Definition
- "Mortgage" means a first mortgage on fee simple real estate or leases of not less than 40 years.
- Mortgages secure advances or unpaid purchase price of real estate with associated credit instruments.
- Includes trust mortgages and deeds of trust securing notes or bonds.
Authorized Financial Institutions and Secondary Market
- A wide range of institutions are authorized to invest funds in loans and credit under this Act.
- All loans within the Commission’s ceiling made by government financing institutions must be insured by the Commission.
- Participating mortgagee institutions must comply with Commission-approved terms.
- Investments are guaranteed as to principal and interest by the Commission and the Government.
- The Development Bank, GSIS, and SSS are authorized to constitute a secondary mortgage market.
- They may purchase, service, and sell insured mortgages.
- They may issue bonds and obligations secured by insured mortgages, subject to Monetary Board approval.
- Such obligations are negotiable, tax-exempt, and guaranteed by the Government.
- Interest income on insured mortgages is tax-exempt.
Appropriations and Effectivity
- ₱5 million is appropriated from the National Treasury to augment the Commission’s original funds.
- The Act takes effect upon approval.