Law Summary
Coverage
- Applies to all delinquent housing loan borrowers with accounts at least three months in arrears, except Window 1 accounts.
Implementation Period
- Program begins January 1, 2012.
- Penalty condonation available only until June 30, 2012.
- Applications after June 30, 2012 eligible only for loan restructuring.
- Delinquent borrowers who fail to apply shall be subject to foreclosure or CTS cancellation within 30 days of notice.
Processing of Applications
- Only complete applications are processed.
- Eligibility based on capacity to pay: monthly amortization not exceeding 40% of family’s Net Disposable Income (NDI).
- Family income from relatives within specified civil degree counted; these relatives become co-borrowers jointly and severally liable.
- Legal heirs’ capacity to pay requirement waived; non-member legal heirs must register and pay contributions.
- Inactive borrowers must reactivate membership and update contributions.
- Borrowers must update Real Estate Tax and pay one-year insurance premium.
- CTS accounts meeting eligibility converted to Real Estate Mortgage (REM) upon approval; borrower pays conversion expenses.
- Loan restructuring allowed only once per borrower.
Down Payment Requirements
- Category A: 10% down payment of total arrearages for borrowers still within billing or pre-foreclosure stages, certain installment buyers, legal heirs after insurance and value application, surrendered accounts (dacion en pago), and specific program accounts.
- Category B: 20% down payment from borrowers issued a Notice of Foreclosure with 30-day application period; includes multiple restructured accounts, abandoned units, or units occupied by third parties.
- Category C: Borrowers exceeding 40%-NDI limit have loan amount adjusted, and must pay difference as down payment.
- Dividends from Total Accumulated Value (TAV) can be used for past due payments or down payment.
Penalty Condonation
- All penalties condoned upon approval if application filed by June 30, 2012.
Restructured Loan Amount Composition
- Interest-bearing principal includes outstanding principal and principal arrearages, insurance premiums, real estate tax advanced by Fund, unpaid fees.
- Non-interest bearing portion includes unpaid interest, uncondoned penalties, foreclosure and other expenses.
- Foreclosure expenses added if foreclosure is in process before COS registration: filing fees, publicity, sheriff, notarial, attorney’s fees where applicable.
- Cut-off date for computation is date of loan restructuring approval.
Interest Rate on Restructured Loan
- Maintained at rate prior to restructuring.
- Accounts with two-interest rate structures converted to single interest structure at original non-prompt interest rate.
- Special weighted average interest rates apply for certain loan amounts and multiple restructured loans.
- Loans over P400,000 repriced every three years with specific limits on rate increases and borrower notice requirements.
Loan Term
- Payable within 30 years but not exceeding difference between borrower’s present age and age 70.
- For tacked loans, age of youngest co-borrower applies.
- Monthly amortization must not exceed 40% of family’s NDI.
Loan Security
- Same collateral securing original loan secures restructured loan.
Membership Contributions
- Borrower, installment buyer or legal heir must pay mandatory and upgraded membership contributions per original loan guidelines.
- Arrearages in membership contributions must be updated or have a payment plan prior to loan restructuring approval.
Loan Payment Terms
- Equal monthly installments covering principal, interest, insurance premiums, and obligations.
- First payment due one month after restructuring approval.
- Salary deduction as preferred payment method, with alternatives including post-dated checks, over-the-counter payments, accredited agents, auto-debit, or other systems.
- Payments due on first working day after non-working days or holidays.
- Payment application priority from membership contributions to principal.
- Excess payments applied to cover deficiencies or principal balances.
- Both membership contributions paid with loan payments if self-employed or unemployed.
- Penalty for delayed payments at 1/20 of 1% per day delay.
Prepayment
- Allowed in full or part without penalty.
- Excess payments treated as future amortization or applied to principal at borrower’s request.
Default and Effects
- Default occurs after three consecutive missed payments or membership contributions.
- Condoned penalties restored and become due along with outstanding balance and penalties.
- Unpaid amounts continue accruing penalties and interest.
- Member’s and co-borrowers’ TAV applied to outstanding loan before foreclosure.
- If TAVs insufficient, Fund proceeds with foreclosure.
- Option to assign mortgaged property via dacion en pago to settle obligation.
Insurance Requirements
- MRI/SRI coverage mandatory for principal borrower based on restructured loan amount.
- External insurance required if loan exceeds P2 million or borrower’s age over 60.
- Fire and allied perils insurance premiums based on original loan.
- First-year insurance premiums paid upon loan restructuring approval.
Loan Documentation
- Health Statement required for borrowers over 60 or loans over P2M, subject to insurance underwriting.
- Execution of Restructuring Agreement and new Promissory Note consolidating original and restructured loans.
- Co-borrowers must sign and consent.
- Original Loan and Mortgage Agreement integrate by reference.
- Deed of Revocation executed for CTS accounts with Notice of Cancellation within 30-day period.
- Consolidation of loan ledgers and facilitation of title transfer and mortgage registration by the Fund; any excess costs borne by borrower.
Amendments
- Senior Management Committee may amend guidelines to further program objectives consistent with Fund’s mandate.
Repealing Clause
- Previous inconsistent circulars, memoranda, rules, or issuances are repealed, amended, or modified accordingly.
Effectivity
- Guidelines effective January 2, 2012.