Title
Socialized Low-Cost Housing Loan Restructuring
Law
Republic Act No. 9507
Decision Date
Oct 13, 2008
The Socialized and Low-Cost Housing Loan Restructuring and Condonation Program establishes a mechanism for borrowers with delinquent housing loans to restructure their payments and condone penalties, aiming to provide affordable housing solutions for underprivileged citizens.
A

Declaration of State Policy

  • The State commits to continuously pursue urban land reform and affordable decent housing for underprivileged and homeless citizens.
  • Establishes a loan restructuring and condonation program considering borrower creditworthiness, credit discipline, and lender financial viability.

Coverage of the Restructuring Program

  • Applies to socialized and low-cost housing loans within HUDCC-set loan ceilings.
  • Involves government financial institutions (GFIs) including GSIS, SSS, Pag-IBIG Fund, NHMFC, SHFC, HGC, and NHA.
  • Covers loans with at least three months of unpaid amortization as of Act effectivity, regardless of prior restructuring.
  • Maximum original principal loan amount covered is P2,500,000, with annual adjustments by HUDCC.
  • No processing fee or downpayment required for loan restructuring application.
  • Penalties, surcharges, and a reasonable portion of accrued interest are condoned upon restructuring approval.
  • Remaining accrued interest treated as non-interest-bearing principal, repayable equally during the restructured loan term.
  • Interest rates capped at original loan rate or 12%, whichever is lower.
  • GFIs may condone penalties paid to funders due to Act implementation.
  • Borrowers may use accumulated membership contributions to update payments.
  • Loan terms may be extended up to age 70 of borrower.
  • Foreclosure allowed after three consecutive missed payments under restructured loan.
  • Borrowers’ legal heirs may assume loan payments in cases of permanent incapacity or death, subject to eligibility and full MRI application.
  • Restructuring available only once, except for force majeure circumstances.
  • Program is distinct from existing restructuring programs; borrowers may choose their preferred program.

Authority to Continue Program

  • Governing boards of involved GFIs and agencies may continue restructuring and condonation beyond the initial 18-month period.

Exclusions from Coverage

  • Loans with no payment since takeout; abandoned properties over one year; units occupied by third parties not authorized; foreclosed or cancelled accounts; and certain Pag-IBIG contract-to-sell accounts with buy-back guarantees are excluded.

Remedies Against Delinquent Accounts

  • GFIs may foreclose on excluded or non-compliant accounts without newspaper publication.
  • Auction notices must be posted in at least three public places and notice given to borrowers.
  • Foreclosure applies if borrowers default after availing of restructuring benefits.

Incentives for Prompt Payment

  • Borrowers who pay monthly amortizations on time are eligible for incentives, including interest discounts set by GFIs and housing agencies.

Implementing Rules and Regulations

  • An interagency committee led by HUDCC and composed of all GFIs and agencies is tasked to promulgate implementing rules within 60 days.

Congressional Oversight Committee

  • Composed of members from Senate and House committees on housing and urban development, appointed based on proportional party representation.
  • The committee reviews and approves implementing rules, after which it ceases to exist.
  • GFIs and agencies must submit annual reports to relevant legislative committees on program availment.

Repealing Clause

  • Inconsistent laws, notably Republic Act No. 8501 (Housing Loan Condonation Act of 1998), and related orders are repealed or modified.

Separability Clause

  • Invalidity of any provision does not affect the validity of the remaining provisions.

Effectivity Clause

  • The Act takes effect 15 days after publication in the Official Gazette or two national newspapers.

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