bank alfalah the caring bank 1 bank alfalah limited home finance risks involved in home finance...
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Bank Alfalah
The Caring Bank
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Bank Alfalah LimitedHome Finance
Risks involved in Home Finance
Documentation
Bank Alfalah
The Caring BankRisk in documentation
Risks
Whether the bank has created legally enforceable security or not?
Security can be transferable and mortgage.
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Bank Alfalah
The Caring Bank
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Documentation
Facility Offer Letter (FOL)
Finance Agreement
Memorandum of Deposit of Title Deeds
Other Agreements / Undertaking (if advised by Legal Counsel)
Title documents along with ancillary documents
Bank Alfalah
The Caring Bank
Essential Elements of a Valid Contractual Agreement
Offer and Acceptance
Legal objective
Consideration
Mutual agreement / consent on terms and conditions
Legal competency
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Bank Alfalah
The Caring BankFacility Offer Letter
Reference of application for finance
Amount sanction
Facility / product Type
Security
Pricing
Terms and conditions
Acceptance
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Bank Alfalah
The Caring Bank
The duly executed document describes in detail the following
Agreement between bank and customer (s)
Consideration
Undertakings
Declarations
Terms & conditions
Breach of which gives right to them to go to the Court for remedy (ies)
Home Finance Agreement
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Bank Alfalah
The Caring Bank
Memorandum of Deposit of Title Deeds(MODTD)
The Document serves as an instrument to create Equitable Mortgage by the customer (s) with the
Bank.
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Bank Alfalah
The Caring BankMain Contents of the MODTD
Confirmation of depositing the title deed (s) with the Bank
Intentions of the customer to create equitable mortgage
Giving reason of the mortgage as to secure the financial obligations under the finance agreement
List of title document (s)
Specification of the property
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Bank Alfalah
The Caring Bank
Other Agreements / Undertaking (if advised by Legal Counsel)
Agreement to Create mortgage
Undertaking to provide the documents (Purchase cases)
Lady mortgagor iqrar nama
Mortgage deed
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Bank Alfalah
The Caring Bank
Main Features of a Duly Executed Document and risk
Stamp duty For Punjab / Baluchistan / KPK – Rs.100/= Sindh - depend on the amount of finance
Properly filled
Signature of customer (s) on all pages of Finance agreement and MODTD (as per CNIC or bank a/c)
Left Thumb Impressions for male and right Thumb Impression for female customer (s)
Complete witnesses (as per Qanoon-e-Shahadat)
Signing of finance agreement (on behalf of the Bank) by an authorized person of the bank
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Bank Alfalah
The Caring BankMortgage
Transfer of an interest
In specific immovable property
Purpose of securing the payment of mortgage money or performance of an obligation
Which may give rise to financial liability
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Bank Alfalah
The Caring BankMortgage (Cont.)
Mortgagor The property deposited by the owner is called transferor or
mortgagor
MortgageeThe property deposited in favor transferee (Bank) by the transferor is called a mortgagee
Mortgage MoneyThe principal money and mark-up of which payment is secured for the time being is called the mortgage money
Mortgage DeedThe instrument by which the transfer of mortgage is affected is called mortgage deed.
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Bank Alfalah
The Caring Bank
SBP REGULATIONS FOR HOUSING FINANCE
REGULATION R-18
The house financed by the bank/DFI shall be mortgaged in bank’s/DFI’s favour by way of equitable or registered mortgage.
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Bank Alfalah
The Caring BankEquitable Mortgage
A mortgage by deposit of title deed (s) is called equitable mortgage.
A title deed of a property is generally the document by which the property is acquired.
If a document other than a title deed is deposited no valid mortgage can be created.
Difference between a document of title and documents which are evidence of a title.
A Sale Deed in favor of the owner is a title deed A copy of Jamabandi/Fard (an entry in Jamabandi) may be an
evidence of title but it is not a document of title.
The title document to be deposited should be an original one.
No equitable mortgage can be created by deposit of copy of the title document.
Instrument – Memorandum of Deposit of Title Deeds (MODTD)
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Bank Alfalah
The Caring BankRegistered / legal Mortgage
Instrument – Mortgage Deed
The mortgagor binds himself personally to pay the mortgage money
Physical possession of property with the mortgagor
No power of sale out of court (only through court decree)
Effected through a registered document (even if the consideration is below Rs.100/-)
If the person does not have title deeds but he is owner of the property, he must create a mortgage by a registered instrument
Concessional rate of stamp duty and registration fee for home loan mortgages Maximum Rs.1,500/- stamp duty Maximum Rs.1,500/- registration fee
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Bank Alfalah
The Caring BankOther Kinds of Mortgages
Simple Mortgage:
The essentials of a simple mortgage are as:- The mortgagor undertakes personal liability.
No physical possession of the property is delivered to the mortgagee.
No power of sale out of the property given to the mortgagee, but a decree for the sale of mortgaged property must be obtained by the mortgagee.
It must be affected by a registered document even if the consideration is below Rs. 100.
In simple mortgage two remedies are open to mortgagee; A suit for a money decree. A suit for the sale of the mortgaged property.
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Bank Alfalah
The Caring BankOther Kinds of Mortgages (Cont.)
English Mortgage
The mortgagor binds himself to repay the mortgage money on certain date.
The property mortgaged is transferred absolutely to the mortgagee and is followed by delivery of possession.
Such absolute transfer is made subject to this condition that the mortgagee upon repayment of the mortgage money on the fixed date will re-convey the property to the mortgagor.
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Bank Alfalah
The Caring BankOther Kinds of Mortgages (Cont.)
Usufructuary mortgage Delivery of possession of the mortgaged property to the
mortgagee.
The mortgagee is to retain the possession until repayment of the money and to receive rents and profits.
The mortgage is redeemed when the amount due is personally paid or is discharged by rents and profits received.
No foreclosure and not allowed to sale
When the mortgage is for Rs. 100 /- or upwards , the instrument must be registered . If the mortgage is for below Rs. 100 /- the instrument may not be registered and the mortgage may be created by delivery of the property .
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Bank Alfalah
The Caring BankOther relevant concepts
Token Registered Mortgage
A combination of equitable and registered mortgage is called Token Registered Mortgage.
LienA right given to another (bank) by the owner of property (mortgagor) to secure a debt. A lien is an encumbrance on one person's property to secure a debt.
Transfer Deeds and Transfer of Allotment Letters
Where the mortgagor holds original “transfer deed” regarding the land, he may create a mortgage by mere “deposit” of the title deed with the mortgagee bank. And if he does not hold transfer deed, but he has the allotment rights of the property, he must create a mortgage by a registered instrument i.e. “registered mortgage deed”.
Local Commission for registered documents execution
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Bank Alfalah
The Caring BankProperty documents contents
Documents required in different areas and authorities with respect to nature of product
Transfer process & risks involve in different areas / authorities (in Home / Plot purchase cases)
Procedure of retrieval of title documents and permission to mortgage
Mortgage and Lien creation / intimation process in different areas and authorities
Agreement to sell required only in Home / Plot purchase cases
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Bank Alfalah
The Caring Bank
Properties having record of Revenue
Certified copy of oral mutation in favour of Customer.
Fresh Fard for loan duly countersigned by concerned Tehsildar. (In case of Home construction/renovation case)
Fresh Fard for sale duly countersigned by concerned Tehsildar. (In case of Home / plot purchase case)
Aks Shajra / Naqsha Mouqa
Approved Building Plan from the Town Planner.
Non Encumbrance Certificate from Sub Registrar
Sale deed to be executed favoring our customer (s) in case of home / plot purchase cases
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Bank Alfalah
The Caring Bank
Properties having Registered Sale Deeds/Gift Deeds / Transfer deeds etc
Original title document in favor of customer
Certified copy of title document from Sub Registrar
Original title documents of previous owner as a chain document
Certified copy of mutation in favour of customer
Fresh Fard for loan / sale duly countersigned by concerned Tehsildar
Non Encumbrance Certificate from Sub Registrar
Aks Shajra / Naqsha Mouqa
Approved Building Plan from the Town Planner
Fresh PT-1 along with Clearance Certificate (In case of excise and taxation property)
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Bank Alfalah
The Caring Bank
Properties having allotment letters of LDA/CDA/GDA.
Original transfer letter in favor of customer
All original transfer letters of previous owners as a chain documents
Original allotment letter in favor of first allottee as a chain document
Original Possession letter issued by the authority
Clearance certificate
NOC/Permission to mortgage from authority
Completion Certificates or extension in building period
Approved building plan from the authority.
LDA Placement letter (in case of dual record of LDA and Excise & Taxation)
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Bank Alfalah
The Caring BankProperties having allotment letters of DHA
Original transfer letter in favor of customer
Site Plan
No Demand Certificate (NDC) apply receipt
Approved building plan from the authority
Tax Clearance certificate from Cantonment Board.
NOC/Permission to mortgage from authority.
Completion Certificate
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Bank Alfalah
The Caring Bank
Properties having allotment letters of Cooperative Housing Societies etc.
Original transfer of allotment letter in favor of customer
All original transfer letters of previous owners as a chain documents (if Society has not cancelled the same in the record)
Original Possession letter issued by the Society
Approved building plan from the competent authority
Clearance certificate regarding the dues of Society
NOC/Permission to mortgage from Society
Copy of bye laws of the society
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Bank Alfalah
The Caring Bank
Lease Holds Rights (Property falls under the jurisdiction of Cantonment Board).
Original sale deed of lease hold rights in favor of customer
Certified copy of sale deed of lease hold rights
Original lease deed made between Government of Pakistan and lessee
Mutation letter along with original GLR (General Land Record)
Approved Building Plan from Cantonment Board
Completion Certificate
Permission to mortgage
Tax Clearance Certificate from Cantonment Board
NOC for sale from GHQ and/or MEO (if required)
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Bank Alfalah
The Caring Bank
Documents required under Army Officer’s Housing Scheme
Original allotment letter issued by Directorate of Army Officer’s Housing Scheme, GHQ Rawalpindi in favor of customer
Clearance Certificate for dues / NOC for sale from the authority
NOC/Permission to mortgage from the authority
Approved Building Plan from authority.
Completion Certificate.
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Bank Alfalah
The Caring Bank
Property documents required in Privately developed Housing Schemes
Transfer / allotment letter of privately developed housing societies is not a title document and should not be accepted as security
The developers who executed / will execute sale deed favoring our customer (s) can be accepted as security
In case the developer is a private limited company then search report analysis is required
Other documents are some about same as required in sale deed / revenue properties
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Bank Alfalah
The Caring BankDocuments required in BTF cases
Attested copies of documents / list of documents held by the bank.
Certified copy of title document from Sub Registrar
Approved Building Plan
No Objection Certificate regarding the outstanding liability
Redemption deed (in case of registered mortgage)
Cancellation of GPA (in case of GPA)
Fresh Fard for loan duly countersigned by concerned Tehsildar
NOC / permission to mortgages
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Bank Alfalah
The Caring Bank
Issues of Enforcement under the Banking law
Gift deed in purchase transaction
Property acquired/awarded by the Operation of Law
Property purchased through registered General Power of Attorney
Minor’s PropertyUnder the Guardian and Wards Act minor’s property cannot
be transferred without the permission of Guardian Court.
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Bank Alfalah
The Caring Bank
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End of Presentation
Thanks
MUHAMMAD WAQAR ASLAM
Manager Credit Administration – Mortgages
Bank Alfalah LimitedCredit Administration Centre
LDA Plaza Branch Lahore