WO2006125275A1 - Method and processing arrangement for providing various financing options - Google Patents
Method and processing arrangement for providing various financing options Download PDFInfo
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- WO2006125275A1 WO2006125275A1 PCT/AU2006/000707 AU2006000707W WO2006125275A1 WO 2006125275 A1 WO2006125275 A1 WO 2006125275A1 AU 2006000707 W AU2006000707 W AU 2006000707W WO 2006125275 A1 WO2006125275 A1 WO 2006125275A1
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- G—PHYSICS
- G06—COMPUTING; CALCULATING OR COUNTING
- G06Q—INFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
- G06Q40/00—Finance; Insurance; Tax strategies; Processing of corporate or income taxes
- G06Q40/02—Banking, e.g. interest calculation or account maintenance
Definitions
- the present invention relates to financial instruments, and specifically, to loan/debt instruments.
- the present invention relates to a process, apparatus and system for determining a repayment amount on a financial vehicle.
- the present invention also relates to a processing arrangement comprising a software arrangement which, when executed on the processing arrangement, configures the processing arrangement to determine a repayment amount on a financial vehicle.
- mortgage markets may function in a sub-optimal manner.
- firms can use both debt and equity to finance investments
- households purchasing real property such as the owner occupied home, second home, or an investment property
- pure debt finance in the form of fixed or variable rate mortgages.
- ordinary consumers are not provided with various options that may be available to large business entities.
- debt can be securitized, and the availability of additional mortgage product investment options may provide an additional vehicle for investment options for various asset holders, enabling the asset holders to diversify away from high risks involved in options such as equities, and to obtain the same expected returns at far lower risk.
- markets in housing equity will develop at some point in the future.
- SAM shared appreciation mortgage
- SAMs SAMs by the Bank of Scotland in the United Kingdom.
- the SAMs offered by the Bank of Scotland were based on an L% in 3L% of appreciation out rule.
- the Bank of Scotland offered borrowers up to 25% of the value of their home up front in exchange for up to 75% of the value of the borrower's home at point of termination of a mortgage for the home, regardless of when such termination occurred.
- a three-to-one ratio between the amount borrowed and the share of appreciation owed applied even for loans for smaller amounts. For example, a 10% loan required payment of 30% of appreciation. This loan was open-ended and had no fixed termination date.
- Example Al a borrower takes out a $100,000 shared appreciation mortgage against a home that is valued at $500,000 using the SAM of the Bank of Scotland SAM terms.
- the $100,000 shared appreciation mortgage is a 20% up-front loan requiring the borrower to pay the Bank of Scotland 60% of the appreciation at the point of termination.
- the loan repayment is $130,000, corresponding to a 30% p. a. real cost of capital to the borrower.
- Example A2 In Example A2, not only is the cost of capital with the loan of this form fairly high in view of swift termination, but the cost of the capital is extensively influenced by inflation. For example, in a variant of Example Al, there is 10% inflation in the first year and the same 10% increase in the price of the underlying home (or property). In such a case, the value of the home at the end of the year is $605,000 instead of $500,000, and the amount due the lender at the point of termination of the mortgage is $163,000 instead of $130,000 (as in example Al). In Example 2, the real cost of capital to the borrower of the SAM is roughly 50%, and the borrower has been charged in real terms merely for the fact that there was an underlying increase in inflation. The reason for this additional increase in the amount due is that the SAM treats appreciation and depreciation in an asymmetric fashion.
- Example A3 is a scenario substantially the same as that of Example Al, the only change being the holding period of the loan.
- the price of the underlying home (or property) increases at a constant 10% p. a. over a 10 year holding period, with a terminal price of approximately $1,300,000 at the end of year 10. If the borrower terminates the mortgage at the 10-year point, the loan repayment would be approximately $580,000.
- the cost of capital to the borrower is revealed as approximately 19.2% p.a., which while still high, is far lower than the 30% p.a. cost of capital in the case of termination only after one year of this identical price trajectory.
- the rate of return on this same loan with a 10% p.a.
- One of the objects of the present invention is to provide various techniques, models and instruments that overcome or at least ameliorate one or more of the deficiencies of the conventional techniques, models and instruments.
- exemplary embodiments/ of the present invention are provided to address and overcome various deficiencies associated with the conventional mortgage and other lending products.
- Described herein are techniques and models for repayment or prepayment of loan or investment products associated with the equity of a financed property.
- the described models may or may not accept losses based on the value of the property at the time of prepayment.
- a process for determining a repayment amount on a loan comprising the steps of: (a) checking whether the repayment amount is to be determined for a prepayment at a prepayment time that is earlier than the associated time for repayment; and, if so,
- a storage medium which provides thereon a software arrangement that, when executed on a processing arrangement, configures the processing arrangement to perform a process for determining a repayment amount on a loan, the loan being dependent on an initial value of a property and a repayment being required at an associated time for repayment, said process comprising the steps of: (a) checking whether the repayment amount is to be determined for a prepayment at a prepayment time that is earlier than the associated time for repayment; and, if so,
- a processing arrangement comprising a software arrangement which, when executed on the processing arrangement, configures the processing arrangement to determine a repayment amount on a loan, the loan being dependent on an initial value of a property and a repayment being required at an associated time for repayment, said processing arrangement when configured by the software arrangement comprising:
- an apparatus for determining a repayment amount on a loan, the loan being dependent on an initial value of a property and a repayment being required at an associated time for repayment said apparatus comprising:
- a process for determining a repayment amount on a loan that is dependent on an initial value of a property, the loan having an associated time for repayment comprising the steps of:
- a storage medium which provides thereon a software arrangement that, when executed on a processing arrangement, configures the processing arrangement to perform a process for determining a repayment amount on a loan that is dependent on an initial value of a property, said process comprising the steps of: (a) receiving input data comprising (i) the initial value of the property, (ii) a term for repayment of the loan, (iii) a first time for which the repayment amount is to be determined and (iv) a current value of the property at the first time;
- a processing arrangement comprising a software arrangement which, when executed on the processing arrangement, configures the processing arrangement to determine a repayment amount on a loan that is dependent on an initial value of a property, said processing arrangement when configured by the software arrangement comprising:
- (b) means for comparing the current value of the property and the initial value of the property to determine whether there is a value-based loss or a value-based gain;
- (c) means for checking whether the first time is earlier than the term for repayment and, for early repayment:
- (d)(ii) means for determining the repayment amount dependent on the current value of the property if there is a value-based gain.
- an apparatus for determining a repayment amount on a loan that is dependent on an initial value of a property comprising:
- (c) means for checking whether the first time is earlier than the term for repayment and, for early repayment:
- (d)(ii) means for determining the repayment amount dependent on the current value of the property if there is a value-based gain.
- a storage medium which provides thereon a software arrangement that, when executed on a processing arrangement, configures the processing arrangement to perform a process for determining a repayment amount on a loan that is dependent on an initial value of a property, the loan having an associated time for repayment, said process comprising the steps of:
- a processing arrangement comprising a software arrangement which, when executed on the processing arrangement, configures the processing arrangement to determine a repayment amount on a loan that is dependent on an initial value of a property, the loan having an associated time for repayment, said processing arrangement when configured by the software arrangement comprising: (a) means for determining the repayment amount dependent on a first current value of the property at the associated time if the repayment amount is determined for the associated time,; and
- (b) means for determining the repayment amount independent of a second current value of the property at the prepayment time if the second current value is less than the initial value and if the repayment amount is determined for a prepayment time that is earlier than the associated time for repayment,.
- an apparatus for determining a repayment amount on a loan that is dependent on an initial value of a property, the loan having an associated time for repayment comprising:
- a storage medium which provides thereon a software arrangement that, when executed on a processing arrangement, configures the processing arrangement to perform a process for determining a repayment amount on a financial vehicle which is at least one of a loan or an investment for an asset, said repayment amount being dependent on an initial value of the asset, said process comprising the steps of:
- a processing arrangement comprising a software arrangement which, when executed on the processing arrangement, configures the processing arrangement to determine a repayment amount on a financial vehicle which is at least one of a loan or an investment for an asset, said repayment amount being dependent on an initial value of the asset, said processing arrangement when configured by the software arrangement comprising:
- (b) means for comparing the current value of the asset and the initial value of the asset to determine whether there is a value-based loss or a value-based gain;
- (c) means for checking whether the first time is earlier than the term for repayment; and, if so:
- (d)(i) means for determining the repayment amount independent of the current value of the asset if there is a value-based loss; and (d)(ii) means for determining the repayment amount dependent on the current value of the asset if there is a value-based gain.
- (b) means for comparing the current value of the asset and the initial value of the asset to determine whether there is a value-based loss or a value-based gain;
- (c) means for checking whether the first time is earlier than the term for repayment; and, if so: (d)(i) means for dete ⁇ nining the repayment amount independent of the current value of the asset if there is a value-based loss; and
- (d)(ii) means for determining the repayment amount dependent on the current value of the asset if there is a value-based gain.
- a process for determining a repayment value on a financial vehicle which is at least one of a loan or an investment for an asset, using a processing arrangement, the process comprising the steps of: a) obtaining first data indicative of a time when the financial vehicle remains unpaid; b) obtaining second data indicative of a value of the asset, the value being associated with at least one of a sale price of the asset or a valuation of the asset; and c) determining the repayment value based on the first data and the second data, wherein the repayment value is dependent on a proportion of the second data, the proportion varying as a function of time.
- a storage medium which provides thereon a software arrangement that, when executed on a processing arrangement, configures the processing arrangement to determine a repayment value on a financial vehicle which is at least one of a loan or an investment for an asset, the process comprising the steps of: a) obtaining first data indicative of a time when the financial vehicle remains unpaid; b) obtaining second data indicative of a value of the asset, the value being associated with at least one of a sale price of the asset or a valuation of the asset; and c) determining the repayment value based on the first data and the second data, wherein the repayment value is dependent on a proportion of the second data, the proportion varying as a function of time.
- a software arrangement which, when executed on a processing arrangement, configures the processing arrangement to determine a repayment value on a financial vehicle which is at least one of a loan or an investment for an asset
- the software arrangement comprising: a) a first set of instructions capable of configuring the processing arrangement to obtain first data indicative of a time when the financial vehicle remains unpaid; b) a second set of instructions capable of configuring the processing arrangement to obtain second data indicative of a value of the asset, the value being associated with at least one of a sale price of the asset or a valuation of the asset; and c) a third set of instructions capable of configuring the processing arrangement to determine the repayment value based on the first data and the second data, wherein the repayment value is dependent on a proportion of the second data, the proportion varying as a function of time.
- an apparatus for determining a repayment value on a financial vehicle which is at least one of a loan or an investment for an asset, using a processing arrangement, the apparatus comprising: a) means for obtaining first data indicative of a time when the financial vehicle remains unpaid; b) means for obtaining second data indicative of a value of the asset, the value being associated with at least one of a sale price of the asset or a valuation of the asset; and c) means for deteraiining the repayment value based on the first data and the second data, wherein the repayment value is dependent on a proportion of the second data, the proportion varying as a function of time.
- a process for providing an ability to determine a repayment value on a financial vehicle which is at least one of a loan or an investment for an asset using a processing arrangement, comprising: a) obtaining first data associated with at least one of an actual time or an estimated time when the financial vehicle remains unpaid; b) obtaining second data associated with at least one of a sale price of the asset or a valuation of the asset at the time the financial vehicle at a later point in time; and c) determining the repayment value based on, at least in part, the first data and the second data.
- a process for providing a model to determine a repayment value on a financial vehicle which is at least one of a loan or an investment for an asset using a processing arrangement, comprising: a) providing a first variable associated with at least one of an actual time or an estimated time when the financial vehicle remains unpaid; b) providing a second variable associated with at least one of a sale price of the asset or a valuation of the asset at a later point in time; and c) providing the model which is based on, at least in part, the first variable and the second variable.
- a process for providing an ability to establish a model for a financial vehicle which is at least one of a loan and an investment for an asset using a processing arrangement, comprising: a) obtaining first data associated with substantially unmodifiable terms of the loan provided by a borrower of the financial vehicle; b) obtaining second data associated with at least one of a sale price of the asset or a valuation of the asset at a later point in time; and c) establishing the model based on, at least in part, the first data and the second data.
- a storage medium which provides thereon a software arrangement, wherein, when executed on a processing arrangement, the software arrangement is capable of configuring the processing arrangement to determine a repayment value on a financial vehicle which is at least one of a loan or an investment for an asset, using the steps comprising: a) obtaining first data associated with at least one of an actual time or an estimated time when the financial vehicle remains unpaid; b) obtaining second data associated with at least one of a sale price of the asset or a valuation of the asset at a later point in time; and c) determining the repayment value based on, at least in part, the first data and the second data.
- a storage medium which provides thereon a software arrangement, wherein, when executed on a processing arrangement, the software arrangement is capable of configuring the processing arrangement to establish a model to determine a repayment value on a financial vehicle which is at least one of a loan and an investment for an asset, using the steps comprising: a) providing a first variable associated with at least one of an actual time or an estimated time when the loan remains unpaid; b) providing a second variable associated with at least one of a sale price of the asset or a valuation of the asset at a later point in time; and c) providing the model which is based on, at least in part, the first variable and the second variable.
- a storage medium which provides thereon a software arrangement, wherein, when executed on a processing arrangement, the software arrangement is capable of configuring the processing arrangement to establish a model for a financial vehicle which is at least one of a loan and an investment for an asset, comprising: a) obtaining first data associated with substantially unmodifiable terms of the loan provided by a borrower of the financial vehicle; b) obtaining second data associated with at least one of a sale price of the asset or a valuation of the asset at a later point in time; and c) establishing the model based on, at least in part, the first data and the second data.
- a software arrangement which, when executed on a processing arrangement, is capable of configuring the processing arrangement to determine a repayment value on a financial vehicle which is at least one of a loan or an investment for an asset
- the software arrangement comprising: a) a first set of instructions which is capable of configuring the processing arrangement to obtain first data associated with at least one of an actual time or an estimated time when the financial vehicle remains unpaid; b) a second set of instructions which is capable of configuring the processing arrangement to obtain second data associated with at least one of a sale price of the asset or a valuation of the asset at a later point in time; and c) a third set of instructions which is capable of configuring the processing arrangement to determine the repayment value based on, at least in part, the first data and the second data.
- a software arrangement which, when executed on a processing arrangement, is capable of configuring the processing arrangement to provide a model to determine a repayment value on a financial vehicle which is at least one of a loan and an investment for an asset, using the steps comprising: a) a first set of instructions which is capable of configuring the processing arrangement to provide a first variable associated with at least one of an actual time or an estimated time when the loan remains unpaid; b) a second set of instructions which is capable of configuring the processing arrangement to provide a second variable associated with at least one of a sale price of the asset or a valuation of the asset at a later point in time; and c) a third set of instructions which is capable of configuring the processing arrangement to provide the model which is based on, at least in part, the first variable and the second variable.
- a software arrangement which, when executed on a processing arrangement, is capable of configuring the processing arrangement to provide a model to establish a model for a financial vehicle which is at least one of a loan and an investment for an asset, comprising: a) a first set of instructions which is capable of configuring the processing arrangement to obtain first data associated with substantially unmodifiable terms of the loan provided by a borrower of the financial vehicle; b) a second set of instructions which is capable of configuring the processing arrangement to obtain second data associated with at least one of a sale price of the asset or a valuation of the asset at a later point in time; and a third set of instructions which is capable of configuring the processing arrangement to establish the model based on, at least in part, the first data and the second data.
- Figure 1 is an exemplary block diagram of a system that enables an implementation of a lending application and process
- Figure 2 is a flow diagram of an exemplary arrangement of an equity-shared loan origination process
- Figure 3 is an exemplary arrangement of a process for enabling a borrower to self- select a loan that is most desirable thereto according to types of available equity-shared loans;
- Figure 4 is an exemplary arrangement of a process for determining an amount due for the equity-shared loans
- Figure 5 is an exemplary loan-to-value ("LTV") graph showing future periods of the equity-shared loan/mortgage using the methods, processes, software arrangements, techniques and models described herein;
- Figure 6 is a flow diagram of an exemplary arrangement of a process for determining a payoff in a terminal LTV
- Figure 7 is a flow diagram showing an exemplary arrangement of a process for providing a valuation assessed to any given property at a point of prepayment
- Figure 8 is a flow diagram of a process for calculating a repayment amount in the event of a prepayment.
- the term "loan” is defined to mean the advance of monies to an asset owner or the investment of monies in the asset owned or to be acquired by the asset owner and includes any advance or investment of monies, whether in the nature of debt or equity and whether repayment is secured or unsecured.
- the term "equity-shared loan” or “shared- equity mortgage” is defined to mean any such "loan", when the advance or the investment occurs in connection with a shared-equity mortgage.
- LTV pricing model that is based on a dynamic loan-to-value (“LTV”) formula.
- the LTV formula is configured to accelerate a future large scale development of a market in shared-equity mortgages.
- the pricing model In order for the market in shared-equity mortgages to develop, it is preferable to provide a pricing model which is less effected by variances of a national economy (e.g., in the form of inflation) and borrower decisions (e.g., in the form of the date of mortgage termination).
- the pricing model should be perceived as being fair, in the sense that the cost of capital should reflect the period for which money was in fact borrowed, while allowing sharing of financial risks and rewards of property ownership between lender and borrower. Further, the pricing model should be relatively simple to understand for all market participants.
- One arrangement described herein addresses such needs by providing a system, process, storage medium and software arrangement which bases debt of the borrower at any point in time on a model which allows for a dynamic accrual of the lender's interest as measured by a share in the price of the underlying property.
- the exemplary dynamic loan-to-value (“LTV”) pricing model which overcomes the deficiencies and problems associated with the conventional shared-equity mortgage (SAM) models whose rate of return is profoundly affected by inflation and turnover times.
- the exemplary dynamic LTV pricing model for a loan can be based on a particular pricing technique.
- the dynamic LTV pricing model for a loan may be based on a shared equity rate, R, which can be used to define a current rate of growth over time in outstanding LTV on the loan.
- the exemplary dynamic LTV pricing model uses the shared equity rate, R, which can be important in determining the cost of funds to the borrower, and return on capital to the lender at a time the loan is terminated.
- the exemplary shared equity rate, R can be used in a model to charge a periodic rent (or usage of funds), for example, that can allow interest to be charged in terms of housing or property units.
- This rate R can be a "pure housing/property" version of an interest rate, and also can be flexible and adaptable to changes in market conditions, consumer interest, and investor interest.
- the shared equity rate, R may be described in various other ways including a "shared appreciation rate", a “rental replacement rate”, an “equity appreciation rate”, or an “equity shared loan rate”.
- the appropriate term used to describe the rate R describes the various factors or formula by reference to which the rate R is calculated or determined.
- the rental replacement rate can be calculated or determined by reference to the generally accepted charge for rental on leased properties as a percentage of property value.
- a shared appreciation rate may be calculated or determined by reference to other factors, including inflationary growth, cost of capital, or changes in consumer price or similar indices, in each case whether historic or expected.
- the rate R may be expressed either as a single percentage figure, agreed on or before entry of the shared-equity mortgage, or as a formula which operates as a term of the shared-equity mortgage.
- the rental replacement rate, R may be an additional price, since change of the rate, R, over time and according to circumstances acts similarly to change of the rate of interest on standard mortgages.
- the shared equity rate, R is different from conventional rates of interest, since mortgages determined using R can be utilized in terms other than monetary terms (e.g., in terms of housing value units).
- monetary terms e.g., in terms of housing value units.
- a central coordinator of the overall equity- shared lending process can be referred to as a contract pool manager 30.
- the contract pool manager 30 enters into various mortgage contract distribution relationships with contract originators 20.
- the contract originators 20 then enter into contracts with asset owners 50 so as to lend funds or invest monies or securities in exchange for an equity interest in an underlying asset owned by one or more of the asset owners 50 as described below.
- the contract pool manager 30 arranges for funds to be provided to the contract originators 20 in order to fund the contracts. These funds are drawn from a warehouse facility 10, which may be funded in several ways.
- the contract pool manager 30 takes the contracts, and pools the contracts into a structured vehicle or vehicles 40 (i.e., a "special purpose vehicle" as discussed below ).
- Interests in the structured vehicles 40 can be held by, or sold or assigned to, investors 60 as described below. Where an arrangement represents a single pool or vehicle it is envisaged that a plurality of pools may exist.
- the nature of the equity interest in the underlying asset may be of various forms, including an ownership interest or right as a tenant in common in the property, a contractual right or choses in action or other personal right against the asset owner 50 or a security interest (whether in the nature of mortgage, encumbrance, lien, charge or caveatable interest), or any equivalent right recognized under the relevant legal system.
- the term equity interest is intended to encompass the equitable interest recognized by common law jurisdictions and property interest recognized by civil law jurisdictions.
- the equity interest may be an option to require the asset owner 50 to purchase the interest of the investor 60 at a price determined under the shared-equity mortgage, either at a specified future date or by notice after a specified event.
- the structured vehicle or special purpose vehicle 40 may have various forms, as appropriate to the legal or taxation structures of the appropriate jurisdiction, including a company in which investors 60 have shares, convertible notes or debentures, a partnership in which investors 60 have general or limited partnership interests or a trust in which investors 60 have general or specific interests in the underlying assets or to the capital or income derived from those assets.
- the structured vehicle 40 may be in the form of a securitization trust commonly used for the pooling of residential mortgages (with necessary amendments to describe the shared-equity mortgage in substitution for the residential mortgage) where all, or substantially all, of the receipts received on the discharge of the mortgage or the payment of interest are accounted and distributed to investors 60 in that trust.
- the structured vehicle or special purpose vehicle 40 may purely be constituted by funds invested by investors 60 (as described below) or can be leveraged by additional funds lent by financial institutions, whether on a secured or unsecured basis, with a return calculated as an interest rate on monies lent.
- the structured vehicle 40 may be a company listed on a securities exchange, where investors 60 acquire shares and the company has significant debt borrowings to increase its overall investment into the underlying assets.
- Investors 60 in the structured vehicle or special purpose vehicle 40 may include wholesale or institutional investors such as superannuation or pension funds or retail or personal investors. Investors 60 can acquire a pure equity interest or some preferred interest, which gives them a fixed or calculated yield in preference to other investors 60. By way of example, investors 60 may participate in different structured vehicles 40, where the investors 60 are grouped by reference to their legal or taxation status and the structured vehicles 40 may have different legal or tax characteristics, chosen to allow the efficient entry into the underlying pool of assets.
- the contract pool manager 30 can utilize a processing arrangement which may include a determiner in the form of a computer 80, a database 70, and an apparatus which receives and/or stores external information 90 thereon (i.e., a storage device which can store thereon title information for the asset), hi the system 100, the database 70 is separate from the processing arrangement 80. However, the database 70 may be configured within the processing arrangement 80.
- the database 70 may be implemented using a hard drive, RAID, RAM, ROM, CD-ROM drive(s), memory stick(s), floppy disk(s), tape(s), etc.
- the processing arrangement 80 may communicate to and from a communications network (not shown) via a connection (not shown) in order for the processing arrangement 80 to access the external information 90, where the external information may be located on a remote server (not shown) connected to the communications network.
- the communications network may be a wide- area network (WAN), such as the Internet or a private WAN.
- WAN wide- area network
- the connection is a telephone line
- a traditional "dial-up" modem (not shown) may be used by the processing arrangement 80.
- the modem may be a broadband modem.
- a wireless modem may also be used for wireless connection to such a communications network.
- FIG. 2 shows a flow diagram of an exemplary arrangement of the equity-shared loan origination process 200.
- the process 200 comprises steps 120, 130, 140 and 150, which in the example are performed by the asset owner 50.
- the process 200 also comprises steps 250, 260, 270 and 280, which in the example are performed by the contract pool manager 30.
- the process 200 may be implemented using the system 100 including the database 70 and the processing arrangement 80.
- a loan application 160 is submitted by the asset owner 50 (in step 120). Details of the loan application 160 are stored in the database 70.
- the asset owner 50 secures a complying valuation 170 of an asset (e.g., a property such as a home) owned by the asset owner 50. Details of the valuation 170 can also be placed (or stored) in the database 70.
- the contract pool manager 240 reviews data in step 250, and generates an offer or a rejection 220 for the loan in step 260. This offer or rejection 220 is recorded in the database 70. The offer or rejection 220 is also provided to the asset owner 50, for example, via the processing arrangement 80 and database 70. If there was an offer generated by the contract pool manager 240, the asset owner
- loan documentation 230 is generated by the contract pool manager 30 in step 270. This loan documentation 230 is recorded in the database 70 and is reviewed by all parties, for example, using the processing arrangement 80. If the transaction is finalized, then the asset owner 50 completes the transaction in step 150, and the contract pool manager 240 completes the transaction in step 280.
- Figure 4 shows an exemplary arrangement of a process 400 for determining the amount due for the equity-shared loans.
- the process 400 comprises steps 410 and 420.
- the process 400 again may be implemented using the database 70 and the processing arrangement (or computer) 80.
- the process 400 begins in step 410, where the contract pool manager 30 reviews data using the processing arrangement (e.g., a determiner) 80, and accesses both the external information 90 and the database 70 on a per-need basis or automatically to determine the amount due on the loan.
- the database 70 can store various records, such as, loan terms 430, a valuation model and results 440, loan records 450, other valuation information or valuations for other loan products or for other borrowers 460, other borrower data 490, other asset data 500, loan documentation 510, loan application 520, etc.
- This exemplary process 400 can be performed by one or more other processing arrangements (not shown) arranged together or separately with the processing arrangement 80.
- processing arrangements may be provided in communication with other data bases or storage arrangements, where the databases and storage arrangements may be implemented using hard drives, RAIDs, RAMs, ROMs, CD-ROM drives, memory sticks, floppy disks, tapes, etc.), and/or are connected to the communications network (e.g., Internet, intranet, cable modem, telephone, etc.). Indeed the data received and generated using the processing arrangement(s) can be transmitted internally and/or externally to other systems and arrangements, as should be understood by those having ordinary skill in the art.
- the communications network e.g., Internet, intranet, cable modem, telephone, etc.
- Figure 5 is a graph 600 showing an exemplary dynamic LTV pricing model over future periods of the equity-shared mortgage using the methods, processes, software arrangements, techniques and models in accordance with the arrangements described herein.
- the LTV on the loan grows at the contractually specified rate (e.g., the shared equity rate, R) according to the exemplary arrangement of the dynamic LTV pricing model.
- the initial LTV on the loan utilizing the exemplary model, L(O) can be defined in percentage terms as the ratio of the loan size to the property value, M(O)/ V(O).
- a ratio of M(O)/ V(O) equal to 0.25 corresponds to a 25% LTV.
- the dynamic LTV pricing model can specify the terminal LTV, L(T), on the mortgage at any time at which the mortgage may be terminated.
- the pricing of the dynamic LTV pricing model is preferably based on the accrual at a contractually specified shared equity rate.
- the equity-shared mortgage is issued initially at a 20% LTV, and having a cap at an LTV of 49%.
- a shared equity rate e.g., a rate growth of the dynamic LTV of 3.75% per year, it takes approximately 6 years for the LTV to grow to 25%, approximately 11 years to reach 30%, approximately 18.5 years to reach 40%, and approximately 24 years to reach the maximum 49%.
- One exemplary arrangement of the dynamic LTV pricing model can be considered, in which the share of the property value due to the lender grows over time at a constant exponential rate (e.g., 4% per year over a fixed twenty year loan life).
- time in the exemplary dynamic LTV pricing model can be taken into consideration based on years which are fractional, and possibly rounded to two decimal places.
- Another exemplary arrangement of the dynamic LTV model can be considered, in which the share of the property value due to the lender grows over time at a constant rate (e.g, 4% per year over a fixed twenty year loan life) that accrues at fixed discrete intervals of time rather than continuously over time.
- a constant rate e.g, 4% per year over a fixed twenty year loan life
- Example II A variant of the above Example I can be illustrated in which there is 10% inflation in the first year as well as the same 10% increase in the value of the property. In this case, the value of the property at the end of the year is $605,000, instead of $500,000.
- the amount due to the lender at point of termination of the loan is approximately $125,800, instead of $114,400. It should be noted that the approximately
- Example V Again, the same scenario as Example EI is provided, but the loan terminates after five years at a point at which the property value has fallen by 20%, i.e., to $400,000.
- the amount due to the lender is approximately 24.4% of $400,000, which is approximately $97,600. Accordingly, the amount due at termination of the mortgage is below that at initiation. Indeed, according to an exemplary scenario that utilizes the described arrangements, the interest rate does not always have to be positive, since the interest rate is factored off the price of property (or housing), which cannot be guaranteed to increase.
- the exemplary arrangement of the dynamic LTV pricing model can apply without changing simple settings, there are certain cases in which growth over time in the share due to the lender may be considered as excessive unless a bound or limit is placed on its growth. It may be beneficial for the asset owner to maintain a significant interest in the final sale price of the property (e.g., home). This additional feature allows the monitoring and compliance costs to be reduced, since the incentives of the lender and borrower are so strongly aligned to increase the value of the property. For this exemplary reason, the exemplary dynamic LTV pricing model may also include the use of a limit on the proportion due to the lender.
- an upper bound or limit may be placed on the initial LTV that can depend on the term of the loan and the usage of funds value or the shared equity rate to ensure that the limit does not lead to a major diminution in the returns to the lender.
- the upper bound can be specified as 49% of the loan amount.
- the exemplary dynamic LTV pricing model in such case provides that there is a constant rate of growth in the LTV on the loan that is capped as soon as the LTV would otherwise overstep the upper limit of 49%.
- Complementary bounds on the initial LTVs can be set to confirm that the 49% upper bound is overstepped only toward the very end of the loan's termination date.
- a dynamic LTV pricing model which uses a formula L u (0)(H,M,R V ,u) can be used to specify the upper bound or limit on the initial LTV on the exemplary arrangement of the loan with a preferred habitat H, the maximum term M, that depends also on the usage of funds or shared equity rate vector R v , and an unpredictability compensation fee or break fee, u.
- This fee may be calculated in various ways, including as an interest charge or levy.
- the interest charge or levy may be calculated as a percentage of the amount prepaid or by reference to the increase in the shared equity rate applied to the amount prepaid or as a fixed amount specified in the shared-equity mortgage.
- Figure 3 shows an exemplary arrangement of a process 300 according to the arrangements described herein for enabling the borrower to self-select a loan that is most desirable thereto according to the types of available equity-shared loans.
- the process 300 may be implemented using the database 70 and processing arrangement 80.
- the process 300 comprises steps 310, 320 and 330.
- the asset owner 50 reviews available loan types 340 (e.g., in step 310).
- the available loan types 340 and their terms are recorded in the database 70.
- the loan type 340 and associated terms are generated, e.g., using the external information 90, and the loan type 340 and associated terms are provided to the asset owner 50.
- the asset owner 50 can determine whether to apply for the presented loans (in step 320) based on the presented and/or available loan types 340 and their terms. The asset owner 50 may decline to submit anything further (in step 350), or select a particular type of a loan in step 330, based on the information obtained or provided in the application therefore 160. This information can be recorded in the database 70, and can be used by the processing arrangement 80 (e.g., in conjunction with external information 90 as needed), throughout the remaining processes and in the future.
- various exemplary arrangements can utilize a concept of a preferred habitat, H, which may be shorter than the maximum term of the loan, M.
- a preferred habitat H
- M the maximum term of the loan
- R shared equity rate
- the borrower who takes out a loan with the preferred habitat H that is shorter than the maximum term M may have an option to roll the amount of the loan over until the end of term.
- the exercise of this option can effectuate an "unpredictability compensation fee" u > 0 (that may be established in the context of the exemplary dynamic LTV pricing model) on the amount that was rolled over.
- Charging an unpredictability compensation fee is not the only method of providing incentives to repay a portion of the loan earlier than the final term of the loan, M.
- Another method of providing such incentives is by insisting that the loan is paid down to no higher than a target LTV at the end of the preferred habitat, H.
- a simple rule may be to assure that the LTV at the end of the preferred habitat be reduced via prepayment to no higher than the initial LTV when the loan was initiated. More intricate rules may involve different thresholds, such as no higher than x% above (or below) the LTV when the loan was initiated.
- Example I A loan may have a 5 year preferred habitat term that includes an automatic option to extend to a 10 year maximum term upon payment of the unpredictability compensation fee.
- the termination LTV likely grows exponentially at the rate R(SJO), which is the use of funds rate or the shared equity rate for the specific loan, with preferred habitat of 5 years and maximum term of 10 years.
- R(SJO) the rate of funds rate or the shared equity rate for the specific loan
- R(IOJO) the shared equity rate for the product with preferred habitat of 10 years and maximum term of 10 years.
- the first term with respect to the exponent i.e., 0.2
- the second term provided at the exponent i.e., 0.05
- the final term with respect to the exponent corresponds to 5 years of the usage of funds or shared equity rate charged at R(IOJO). Therefore, the overall repayment on the loan can be determined to be approximately 33% of $1,125,000, which is approximately $374,000.
- the usage of funds rate or the shared equity rate can allow the shared-equity loan provider to provide incentives for a rapid termination using an LTV penalty.
- the loans can become due at the moment (or time period) that the maximum term M is reached.
- a short settlement period is preferred in order for the funds to be repaid. For example, this may be the case when the property passes to an estate at the time that the maximum term of a corresponding loan is reached, and there is a preference for a period of 12 months to arrive at the settlement of the loan.
- Such extensions can trigger an unpredictability compensation charge, in addition to continuing to draw various charges according to a pre-defined usage of funds or shared equity rate.
- the usage of funds rate or the shared equity rate can continue at the rate at which the shared equity rate was last charged until the point of the termination of the loan.
- step 610 for the given preferred habitat and a maximum term (H 1 M), the loan utilizing the exemplary dynamic LTV pricing model determines the LTV at the maximum term as set forth herein above.
- step 620 the unpredictability compensation fee is charged (step 620), and LTV growth in the period between the end of maximum term and actual termination is determined according to the shared equity rate in use at maximum term (step 630).
- step 640 the 49% upper bound on the LTV is waived after termination of the loan (step 640).
- the flexibility provided by the usage of funds/shared equity rate can enable the lenders that provide shared equity loan products to offer the borrowers various beneficial options. For example, it is possible to allow the borrowers who do not have need immediately for all of the funds that they have the right to borrow to retain an unused balance, on which they would not be charged the shared equity rate.
- the exemplary dynamic LTV pricing model described above for the final LTV can be used to characterize the prepayment due on the actual drawn part of the mortgage. It is then possible to add back in the un-drawn portion of the loan to obtain the overall terminal LTV.
- an additional withdrawal is obtained (e.g., borrowed).
- the incremental LTV can be determined using the initial property value. It is also possible to iterate the above exemplary procedure when there are multiple uses of the multi-draw capability.
- the LTV on the 10% portion of the loan withdrawn terminates at 1Oe 0 ' 2 —12.2. Adding back to the undrawn portion of the loan produces the overall terminal LTV of 22.2.
- the dynamic LTV pricing model there are various strap-on charges that may have to be placed on shared equity mortgages during the life of the loan (e.g. paying for the property insurance due to a failure of the borrower to pay for such insurance). It is possible to impose strap-on charges which would likely have various implications for the dynamic LTV pricing model.
- the final payoff on the value-based portion of the loan can be globally capped at 49% of the value of the property.
- the strap-on charges may lie completely outside this upper bound/limit, and can result in the loan terms (including the upper bound/limit) being breached.
- the strap-on charge in dollar amount S(t) is made at time t.
- This and all subsequent such payments can be treated as adding a new component to the share of the property according to the valuation that is assigned to the property at that time using the procedures used to determine the value in the cases of scheduled prepayments (e.g., but without the adjustment based on the need to recover the initial value in the case of the prepayments).
- the LTV of the strap-on charge itself at the point of making the charge can be easily determined. From that point forward, the LTV on the portion of the loan can grow at precisely the contractually specified rate on the loan itself, and can incur also the unpredictability compensation charge of the remainder of the debt.
- the strap-on additional charges to the LTV are likely provided completely entirely outside the 49% upper bound/limit aspect of the dynamic LTV pricing model, and are generally not included in determining whether or not the limit has been reached.
- the additional charge may be treated as if an additional loan of 1% of the property value was made at the corresponding date, and the final share on this addition grows continuously at the applicable usage of funds/shared equity rate for the ensuing period prior to the termination of the loan.
- the growth in the strap-on charge may continue indefinitely, even if the maximum (upper bound/limit) of 49% is reached and su ⁇ assed. Indeed, the 49% upper bound rule may likely apply only to the initial loan.
- the impact of strap-on charges on the LTV can also be used to monitor the LTV over and above the standard 49% upper bound/limit.
- the role of the 49% upper bound/limit on the lender's share of the property price is to ensure that the incentives of the lenders and borrowers align. If there are excessive strap-on charges, it may not only threaten this alignment of interest, but also can suggest a pattern of neglect of the contract terms.
- the termination events may be defined based on the share of the strap-on charges owned to the lender, and the borrowed amount of the loan rising above the upper bound/limit.
- the total limit on the repayment of the loan can be 59% of the property value, for example, inclusive of all strap-on charges.
- Another method of setting the limits for scheduled prepayments is to set the limits in relation to the size of the initial loan, insisting that scheduled cumulative prepayments remain below a time dependent proportion of the initial loan amount.
- K 4,.., K such years totaling no higher than Z(k)% of the initial loan amount.
- the limit would be removed entirely.
- the limits on scheduled prepayment would be no more than 25% of the initial loan amount in the first year in which partial prepayments were permitted, no more than 50% cumulative over the first two such years, no more than 75% cumulative over the first three years, and no higher than 100% cumulative over the first four years.
- years 5 and on there would no longer be any restrictions, with complete prepayments being allowed on the schedule.
- prepayment may attract a specific charge or fee or a charge in the nature of an interest cost additional to the amount otherwise calculated on maturity or termination of the shared-equity mortgage, and this charge may be levied generally or only where the prepayment exceeds a certain amount or set limits for scheduled prepayments.
- one of the reasons to provide a scheduled prepayment is to instantaneously lower the LTV on the loan by a certain adjustment factor that can depend on the amount prepaid, and the price that the lender charges to pay off each LTV unit.
- the LTV on the loan can resume its growth according to the standard shared equity rate schedule.
- This LTV can be determined using the dynamic LTV pricing model as if the mortgage was being terminated at that time.
- the dynamic LTV pricing model may not accept value-based losses at point of the prepayment of the loan. Therefore, the total debt D (t) as determined at a point of the prepayment as the LTV at that time, L(t), is multiplied by the maximum of the property valuation at the time t, and the initial value of the property.
- the LTV can be adjusted by the scheduled prepayment by performing a post-prepayment imputation of the initial LTV as fl- ⁇ (t)J times the actual initial LTV.
- a post-prepayment imputation of the initial LTV as fl- ⁇ (t)J times the actual initial LTV.
- a prepayment at time t prior to the termination should be considered.
- the total debt D(t) at this point can be determined as the LTV at that time L(t), multiplied by the maximum of the valuation at date t, and the initial value of the property.
- PP (t) the maximum of the valuation at date t
- a portion of the prepayment lies above the schedule.
- a second downward adjustment can be made in the LTV in fractional amount ⁇ j(t), where the subscript / indicates that this is an incremental prepayment that lies above the schedule.
- the overall downward adjustment to the LTV due to prepayment ⁇ (5) is about 19.5%. Therefore, at the time of the prepayment in period 5, the total LTV on the loan can be reduced from L(5) as provided by the previously described exemplary model to its post-prepayment level L j(5), as follows:
- L 1 (S) [1- ⁇ (5)J L(S) «0.805 L(S).
- $183,000 gives rise to a maximum scheduled prepayment of $24,450, as indicated above.
- hi order to prepay the remaining 85% of the debt outstanding would preferably utilize a payment of the unpredictability compensation fee on all incremental prepayments. Therefore, an effective incremental prepayment in amount of $158,550 should be then made.
- Figure 8 illustrates a process (or method) 800 for calculating a repayment amount on a loan in the event of a prepayment.
- Step 802 checks whether a repayment is contemplated at a first time that is earlier than the term of the loan. If not (the No option of step 802) the process 800 ends. If, however, a prepayment value is to be determined (the Yes option of step 802), then step 804 compares a current value of the property at the prepayment time with the initial value of the property. As discussed above, the process 800 may not accept value-based losses in the event of a prepayment.
- step 806 the process 800 determines the repayment value based on the initial value of the property. However, if there has been an appreciation in the value of the property (the No option of step 804), then in step 808 the value of the property is determined using the current value of the property at the prepayment time.
- prepayment occurs by the asset owner exercising an option to purchase some of the interest of the investor in the asset by notice (which notice is deemed to be given in the case of an unscheduled payment of monies by an asset owner), and which option can be exercised once in each year without cost, subject to the restrictions specified in the shared-equity mortgage as described elsewhere, and otherwise, with payment of an unpredictability compensation fee, or break fee, u, as described above.
- Another exemplary arrangement referred to as a high LTV dynamic payoff model may be utilized in cases where standard mortgages are outstanding on the property, by providing the exemplary shared equity loans together or in addition therewith.
- the LTV on the total loan package inclusive of the shared-equity loans can be relatively high, and thus there may be a risk of default to be considered.
- This exemplary arrangement enhances the safety of the borrower, the other lenders, and the shared-equity lender by reducing the incentive for the borrower to default.
- the shared-equity loans according to the arrangements described herein may have valuable insurance features, since the lender shares a certain amount of the risk of falling property prices with the borrower. According to this exemplary arrangement, this risk may be reduced so as to benefit all market participants.
- the basic payout formula can include an additional insurance for the borrower in the case of losses.
- Such insurance may be attractive to borrowers not only because the insurance brings them direct monetary benefits, but also due to impact in lowering default incentives, and therefore enabling the borrowers to preserve their good record in the credit markets.
- the high LTV cases use the previously described dynamic LTV pricing model which defines the LTV at termination.
- the payoff formula described above can be used for the property that is valued at least as highly at termination as at point of issuance. However this determination of the amount due may be adjusted down in the case of loss.
- the amount due is what would have been due in the case of no price change, less 50% of any losses (subject to the debt remaining always non-negative).
- the investor value maintained by the availability of the insurance, incremental or otherwise, on the loan that used the exemplary dynamic LTV pricing model of the present arrangements would likely not apply to the prepayments that were made during the term of the mortgage.
- the loss case that was described above.
- all of the funds are drawn immediately, that there are no strap-on charges and no prepayments are made.
- the final payoff is defined by starting with 24.4% of the initial property value of $500,000, and then subtracting $50,000 therefrom to account for the equal sharing of losses. Hence the total repayment would be in the order of $72,000.
- the additional insurance of more than $25,000 not only greatly assists the borrower in a time of need, but also greatly lowers the incentive to default.
- High LTV Dynamic Payoff Model There may be other variants of the high LTV dynamic payoff model to enable a smoothly functioning market with all parties benefiting from the risk reduction. For example, when the total LTV on all loans is above a threshold such as 75%, there may be a minimum initial LTV on the equity-shared portion of the second mortgage.
- the actual limits can be structured such that the borrower with the total LTV of 80 may have the equity-shared share in at least 20% of losses, so that it will take a 25% fall in property prices to induce negative equity, similar to a standard equity-based loan in accordance with the present arrangements with the LTV of 75.
- the borrower with the LTV of 85 may have the equity-based share in at least 25% of the losses, so that the default incentives can mimic those of an individual with the equity-shared mortgage of the LTV 80.
- Another change may be implemented by setting additional up-front costs associated with the use of the equity-shared loans according to the present arrangements in the high LTV context.
- the following charges may be set in relation to the total financial package at the initiation of the loan. For example, a fixed high LTV fee may be added as a percentage of the total amount borrowed with all loans that depends on the total assessed LTV at the time of the initiation thereof. O.
- a function can be implemented to determine the history of market rents, property prices, mortgage rates, and shared equity rates, which can be used to determine the current shared equity rate in a given loan and/or housing market.
- the shared equity rate in different times and locations can vary according to market conditions and past history.
- the current shared equity rate may vary over time according to market conditions.
- Customer Heterogeneity There will be some customers whose financial history and prospects will make them more attractive than the typical borrower to the lenders which provide loans utilizing the exemplary arrangements of the dynamic LTV models in accordance with the described arrangements, while other borrowers may be less attractive.
- the exemplary arrangement of the system and process described herein is capable of rejecting certain customers with unsuitable history and prospects, e.g., based on a customer score, and capable of adjusting the pattern of pricing based on this score.
- the borrowers attempt to obtain low valuations at the time of the prepayment in order to take at least some of the value away from the lenders. Further exemplary arrangements are described below to reduce this possible behavior.
- a further exemplary arrangement of the dynamic LTV pricing model prevents any prepayment of the loan once a notice of sale or termination has been provided, or within a predetermined time period (e.g., 6 months) from the end of the term/termination of the loan.
- the following exemplary procedures may be used to determine the value of the property at the point of prepayment.
- Procedure 1 For complete payoffs, the borrower submits an appraisal fee, and this appraisal determines the valuation of the property, subject to an "as is” adjustment.
- the borrowers of the loans that utilize the exemplary arrangements of the dynamic LTV models may be required to maintain their properties in "as is” condition. Reductions in value of the property due to neglect of this requirement are disallowed in the valuation calculation.
- Procedure 2 For scheduled prepayments (i.e. up to 15% of the prepayment amount), the valuation assessed to any given property at a point of the prepayment may be an index-based assessed rate of growth in the value of the asset (e.g., property) since the respective asset was last valued. There are several steps involved in the actual computation, as shown in Figure 7.
- the date of the last valuation of the property is noted, together with its value at that date (step 710).
- the loan process that uses the exemplary arrangement of the dynamic LTV pricing model can fix a long run and publicly trusted set of quarterly property price indices, such as ABS indices for capital cities, and each loan is assigned to the capital city of the state in which it is located (step 720).
- the proportionate change in the assigned index over the period since the last valuation is determined (step 730).
- An interpolation process can be used to estimate the actual growth rate in the index over the corresponding period, given that there is unlikely to be an exact coincidence between the period relevant to the given property and the quarters that define the price index (step 740).
- a numerical adjustment can be made to the rate of growth in the index based on differences in performance between the assets (e.g., loans) that utilize the exemplary dynamic LTV pricing model as a whole and the underlying rates of statistically measured property price appreciation in all cities, states and locations taken as a whole (step 750).
- This adjustment factor can be derived from valuations. It is possible for the exemplary dynamic LTV pricing model to appraise the properties in the order of 10% of the properties. Each such loan associated with the appraisal will have a predicted rate of the property price increase since initiation based on its city, state and/or location assignment, and this will be subtracted from the actual measured rate of appreciation. Averaging this in a defined manner across the pool can provide various adjustments that may be added to all properties, regardless of location.
- the current estimated index-based value of the property may be determined by multiplying the last value of the property by the proportionate change in the relevant property price index over the appropriate period corrected for the adjustment factor (step 760).
- the exemplary arrangements may identify additional appraisals for the properties that have paid off, e.g., twice in the last four years (step 770).
- the initial valuation may be the lower of the purchase price less all fees and expenses, and the appraised value. If there is no market transaction, the initial value is set at 95% of the appraised value to guard against an adverse selection, whereby those who are over-valued have a greater incentive to use the finance. As a further safeguard against the adverse selection when there has been no market transaction, the borrowers can be requested to attest in writing that they have not commissioned other appraisals in the last 2 years, except in the situation in which full reports of the appraisals have been provided to the lenders.
- the borrowers may be requested to attest that they have not applied for other value dependent mortgages, and if they have, they must provide the terms on which the borrowers were offered such loan products.
- the borrower may have a specified time window in which to complete an application for such specific loan product, and pay the associated application fees.
- the lender may be required to provide the funds on the agreed terms within a further specified time window.
- the application for funds is not filed by the borrower or received by the lender in the specified time window, the offer can be voided, and any new application may require a new valuation.
- a minimum time between successive applications of 2 years may be set to prevent the asset owner "trawling" for the appraisals.
- a contract for the loan can specify a notification at least one month prior to the sale of the property, and it should provide that an appraiser must be granted entry. If no notice is received by the lender, an appraisal can be effectuated in the time window of 6- 12 weeks prior to the termination. The actual termination date can proceed after such final valuation. After final valuation, the borrower may be provided with a statement of the amount due to the lender at the termination, and can obtain additional information to determine additional costs should the repayment be delayed. If the valuation is precluded for any reason that is the fault of the borrower, then the valuation can be set at 110% of estimated valuation obtained by the lender or a third party. If there is then a sale of the property, the seller or seller's representative should notify the lenders.
- the final value of the property can be obtained, which can be established as the maximum of the appraised value and the price after subtraction of all fees.
- the borrower would be notified of the final payoff amount.
- a report e.g. an auction report
- the valuation process may provide for adjustments to compensate the investor for a failure of the asset owner to maintain the asset "as is", that is, in the state in which the asset existed at the time of purchase or the inception of the loan by the investor.
- This valuation process may result in a repayment amount that is recalculated at a valuation higher than the sale price of the asset.
- This valuation process may be similar to the processes described in the circumstances of prepayment described above.
- the shared-equity mortgage provides undertakings by the asset owner to maintain the asset (for example, to repaint every seven years and to comply with statutory regulations) and the valuation at termination is adjusted for failure to comply with these undertakings. In the event of loss, destruction or damage to the asset, the proceeds of any insurance are held for the benefit of the investor, and applied against the right to payment of the repayment amount.
- the loans associated with the equity-shared model in accordance with the described arrangements may prefer the borrower to maintain the occupation of the property (e.g., occupancy for at least 180 days a year). Upon leaving this status (e.g. switching to a secondary home status), the borrower may be requested to inform the lender, whereupon the standard valuation-based termination process may be initiated. As an alternative to termination, the borrower may be allowed to maintain the loan. However, in this instance, the borrower may be required to switch the loan to a new higher shared equity rate to compensate for the switch out of owner occupation.
- a repayment amount is calculated.
- the processes for determining the repayment amount are described above at section E of part I.
- the repayment amount can be recovered by the investor in various ways (as specified in the agreement with the asset owner or by operation of law) including constituting the repayment amount as a debt immediately owing by the asset owner, or as a debt due on the giving of notice, or as a debt to be discharged at a future date with interest accruing up to the date of repayment, or as an amount which is reinvested in an interest in the underlying asset with the same or a new shared appreciation rate.
- the repayment amount will also be payable to the investor, prior to, or as condition of the completion of the sale. Any debt arising in this manner may or may not be secured by a mortgage or other security interest over the asset.
- the repayment amount can also be due on specified events including the death of the asset owner or the cessation of the use of the asset as an owner occupied residence.
- the shared-equity mortgage can specify that, upon the occurrence of any such event, the maturity date is varied to the date of that event or that notice may be given, or deemed to be given, requiring repayment of all or part of the amounts otherwise due.
- the investors 60 or the contract pool manager 30 or the contract originator 20 can give notice after the specified maturity date or on default by the asset owner requiring the asset owner to purchase the investors' interest in the asset at a purchase price equal to the repayment amount and, on the giving of such notice the purchase price is a debt due by the asset owner.
- any dispute as to the calculation of the repayment amount is subject to a dispute resolution process, which requires a second valuation by an independent valuer and, in the event that an asset owner does not agree to the repayment amount calculated by reference to the lower of the two valuations, then arbitration will occur before a nominated expert or tribunal.
- the shared-equity mortgage can include an option for the asset owner to extend the term of the shared-equity mortgage and specify the same or varied shared appreciation rate for the new term. If this option is provided, and/or exercised, the option may be conditional on the repayment of some part of the amount otherwise due.
- the investors in pooled debt interests may be provided with extensive reassurance that the borrowers will likely behave in a predictable manner, and will not hold on to the mortgages for an unduly long time.
- Further exemplary arrangements are capable of adding to the predictability of holding periods of the loans that utilize such dynamic LTV models, which can be applied to the shared-equity loan markets and loans, as well as to other loan products and installment debt products.
- the investors can derive additional stability by knowing when they will receive the returns on their investment, and that the amounts are maximized.
- pricing models in accordance with the described arrangements can be designed to ensure that borrowers who are likely to pay off in a particular period have an incentive to borrow using a particular loan that is priced to offer the lowest price in return for providing this precise time window of repayment.
- refinancing induced prepayment risk may be one of the dominant concerns due to its direct impact on the values of the assets.
- the timing of payoffs to the investors may be highly uncertain. For example, when conforming thirty year mortgages issued at historically low interest rates are sold into the market, the risk may arise not necessarily from the prepayments induced by refinancing (which are likely to be minimal), but rather from the reductions in the debt due to an influx of money, or sale of the home.
- refinancing which are likely to be minimal
- the borrowers can provide a relatively inexpensive access to funds if they terminate within a relatively short horizon (their "preferred habitat"), yet offering these borrowers the option to extend beyond this period should they have a need for the funds that lasts longer than they initially expect.
- another dynamic LTV pricing model with respect to borrowing instruments may offer the customers the right to select, for example, a 12 month period during which they may be offered a discount on the borrowing costs.
- the borrowers who are confident of the specific short period (e.g., several months, one year, etc. in duration) in which they anticipate terminating the loan will have the right to specify exactly this time period at the contract/loan initiation.
- the borrowers may then receive a discount should they terminate the loan within their specified window. Otherwise, they may be subjected to a surcharge if they miss the time window.
- Unpredictability Compensation Fees The lenders may wish to understand and influence the termination behavior not only at the point of application for the loan, but also during the later life of the loan. Various unpredictability fees may be important to this goal not only in the equity-sharing loan product setting, but also for other loans in which the predictability of tenure is important.
- the preferred habitat H may be shorter than the maximum term M.
- the borrower who takes out a loan product with the preferred habitat H shorter than maximum term M may be provided the automatic option to roll the loan over until the end of term.
- the exercise of this option can be costly for the investors, since it makes the time path of payoffs significantly harder to predict, and may impose various costs on the investors as a result of the mismatch between anticipated and actual timing of the payoffs. Therefore, any borrower who wishes to exercise the option may have to pay a standard "unpredictability compensation fee" on the amount rolled over, as described herein.
- the term structure of the usage of funds/shared equity rates and the unpredictability compensation fees encourage self selection by the borrowers.
- the term structure of interest rates on money is provided in a similar manner as that for the shared equity rates, which are analogous to interest rates on housing services.
- the examples below illustrate how the combination of shared equity rates and the unpredictability compensation fees may be used to encourage self selection at point of application according to expected holding periods and in addition the level of uncertainty concerning these holding periods.
- the customers may have the right to select a particular time period (e.g., a 12 month period) during which they may be offered a discount on the borrowing costs of the loan.
- the pricing innovation is that the customers receive a discount should the customers hit their specified window.
- the cost is that the customers face a surcharge if the customers miss the window.
- one of the benefits of such an exemplary arrangement is that it appeals to those borrowers who are confident about the termination date of the loan that they are selecting.
- some may take out the loan product, and terminate in the window just because of the monetary benefits to them. This will be of mutual benefit to the lenders and borrowers given the advantages of the payoff predictability.
- the lenders may wish to understand and influence the termination behavior of the borrowers, not only at the point of the application for the loan, but also during the later life of the loan.
- Various unpredictability fees may be used to achieve this goal not only in the equity-sharing mortgage market, but also for other loans for which predictability of tenure may be important.
- These apply to the above-scheduled loan prepayments, and may limit the incentives for the borrower to prepay during the life of the loan.
- the investors may wish to hold to the real estate returns for a predictable period of time, so that the early termination is costly therefor. At least for this reason, a schedule of maximum annual prepayment may be provided such that little or no unpredictability compensation payment would be needed.
- the schedule may prevent the prepayments in the first two years of the mortgage, thereafter specifying that a 15% share of the outstanding mortgage can be prepaid in each year.
- the prepayments are permitted (e.g., after year 2), the borrower will be able to pay off some portion or the whole loan amount. However, doing so may trigger an unpredictability compensation fee, e.g., on the 85% of the loan that is above the schedule.
- the borrower may be guided to the best product in light of their tenure probabilities and the costs they assess to having to terminate prior to the end of the period during which they would ultimately have liked to hold the loan.
- This exemplary dynamic LTV model may include and consider not only expectations concerning the tenure of the loan, but also a penalty function indicating the cost to the borrower of being forced to terminate the loan earlier than desired, and a method of incorporating beliefs about the costs of rolling over short term instruments to arrive at a longer term solution.
- various incentives may be provided for asset managers to match the tenure of their asset holders closely with the prediction made at the initiation of the loan process (or at the loan acceptance) that can match the preferences of the investors.
- the exemplary procedure for matching the investor habitat preferences with those of the borrowers can be used in the shared equity mortgage market and other conventional markets, such as the market for standard mortgage backed securities.
- investment can mean but is not limited to any investment in, or exposure to, real property, whether made by way of or in the form of a loan or other financial accommodation, or to acquire any equitable or legal interest in real property, whether that investment is made in the form of a loan, whether secured by mortgage or not, a joint venture interest, an account of profits, a partnership interest or as a tenancy in common in the property.
- the term "advance” as used herein may mean, but is not limited to any payment made to a homeowner by the lender which utilizes the exemplary arrangements of the dynamic LTV pricing model described herein, whether in the nature of a loan or other financial accommodation or as an investment in the property.
- the term “mortgage” as used herein can mean, but is not limited to any agreement in writing under which the relationship of the homeowner and the lender described herein above can be defined in respect of the investment.
- homeowner or “asset owner” as used herein can mean, but is not limited to the person, persons or other entity/entities to which the advance is made, whether the relationship to that person is one of debtor/creditor or co-owner, partner or joint venturer.
- the exemplary dynamic LTV models described herein can be used to create a true equitable interest in residential real property, in a form of "investment" suitable for aggregation through security pools, appropriate for investment products (e.g., may be different from pools of residential mortgage-backed securities), hi addition, the manner in which the investments relate to conventional mortgages is addressed by a further exemplary arrangement in that these investments/loans which utilize the exemplary dynamic LTV models described herein can be marketed, offered, administered and terminated in conjunction with a conventional mortgage. Indeed, using such a further exemplary dynamic LTV pricing model provides ability to the homeowner to switch back and forth between the debt and equity components of the mortgage.
- pre-payment and multi-draw facility exemplary features of the loan/investment may be used in such a dynamic LTV pricing model, along with the possibility to use an insurance policy for both mortgage components.
- risk profile of the loan/investment lender may be reduced, while applying this reduction to the benefit of the homeowner
- a compilation of specific classes of investments can be utilized. This can permit strategies of active management.
- the pools can be used for a variety of investment products, both retail and wholesale. Through the construction of pools, this exemplary arrangement of the present arrangements can allow for a variety of manifestations of the investment return, and providing the ability to manage inter- generational wealth transfer through an investment platform using the described arrangements.
- the exemplary arrangements of the dynamic LTV models described herein are not applicable to only loans or debt instruments. For example, these exemplary dynamic LTV models can be used by direct purchasing the equity in the property, and then using the exemplary dynamic LTV models, further transferring the equity interests thereto over time. In this manner, it is possible for a party making the investment to increase an equity position to the property over time.
- the exemplary embodiments of the dynamic LTV models according to the present invention can be implemented using one or more processing arrangements (e.g., personal computers, minicomputers, mainframes, personal digital assistants, laptops, notebooks, etc.), in software (via coded computer programs, programmed/hardwired computer instructions, in source format, object format, machine- code format, etc.) that can be used to configure the processing arrangement to execute the exemplary model(s), stored on storage computer-readable medium (e.g., hard drives, RAMs, ROMs, CD-ROMs, floppy disks, RAIDs, memory sticks, etc.), or another other device which can store and/or execute the exemplary models described herein.
- processing arrangements e.g., personal computers, minicomputers, mainframes, personal digital assistants, laptops, notebooks, etc.
- software via coded computer programs, programmed/hardwired computer instructions, in source format, object format, machine- code format, etc.
- storage computer-readable medium e.g., hard drives, RAMs
- LTV dynamic loan-to-value
- shared equity rate e.g., a "shared equity rate”
- a first described arrangement overcomes such problems by basing the loan repayment obligation on, e.g., a changing or dynamic LTV pricing model, which allows for a control of certain undesirable effects associated with poor incentive effects in conventional equity-shared loan instruments.
- a process, system and processing arrangement can be provided which utilize the information supplied by the proposed borrower to measure the termination of the loan, the availability of funds for the investor, etc. It is known that the unpredictability of debt holding periods may be ubiquitous, and can unnecessarily destroy asset value of the loan product (e.g., in relatively illiquid markets, in which long holding periods are typical). Previously, little or no attention has been afforded to the predictability of tenure of the loan product.
- the third arrangement addresses this deficiency by, for example, providing various options to avail the predictability of the timing of cash- flows from the resultant pools of corresponding loan/debt instruments, hi addition to the options associated with the term of the loan/debt, numerous other terms can be provided to enable a predictable and managed self-selection of the terms by the borrowers that can ultimately result in various debt-related asset pools that may include characteristics that are attractive to the investors.
- the third arrangement does not have to depend on the data associated with the dynamic LTV models, and addresses procedures for structuring various debt instruments to enhance predictability of tenure.
- shared equity mortgages can be one of many debt instruments for application by this arrangement.
- a process, system, software arrangement and storage medium are provided to facilitate an ability (or provide a model) to determine a repayment value on a loan for an asset (e.g., real property), using a processing arrangement.
- first data associated with at least one of an actual time or an estimated time when the loan remains unpaid is obtained.
- second data associated with at least one of a sale price of the asset or a valuation of the asset is obtained.
- the repayment value is determined based on, at least in part, the first data and the second data, hi addition, a further process, system, software arrangement and storage medium may be provided to establish the conditions for a loan of an asset (e.g., using the processing arrangement).
- the terms of the loan may be established based on data associated with unmodifiable tenns of the loan provided by a borrower of the loan.
- the determination of the repayment value may be capable of providing the repayment value to be lower than the value of the asset at the time the loan is secured.
- the determination of the repayment value may be based on at least one of a maximum repayment amount or a maximum repayment percentage at a termination of the loan.
- a further repayment value of the loan can be established based on the repayment value and without regard to the at least one of the maximum repayment amount or the maximum repayment percentage.
- the repayment value may also be determined as a function of a rate that is associated with a use of proceeds of the loan.
- the rate may be a shared equity rate or use of funds rate.
- the repayment value can be determined as a function of particular proceeds of the loan which have been previously authorized and not utilized by a borrower.
- the repayment value may be modified based on at least one of additional charges or additional fees associated with maintenance of the asset. Further, predetermined time periods for repaying the loan may be established, and the repayment value may be adjusted if the loan is satisfied outside the predetermined time periods, for example, based on a value that is associated with an unpredictability of a current market.
- An insurance component for the loan may be established such that the repayment value may be determined as a function of the insurance component.
- the insurance component may be associated with a market value of the asset, and the determined repayment value can be reduced based on the insurance component if the value of the asset at the time of repayment of the loan is lower than the value of the asset at the time the loan was initiated.
- the rental replacement value may be a predetermined value which is based on characteristics of the asset and/or current market conditions.
- the repayment value of the loan may be increased if the loan is satisfied prior to a predetermined termination period of the loan.
- the valuation of the asset can be automatically produced during a predetermined termination period of the loan.
- the asset may be real property, and the valuation of the asset can be automatically produced and the repayment value automatically generated when a borrower of the loan for the real property is required to withdraw from the real property.
- the repayment value may be determined based on particular information regarding a repayment of the loan provided by a borrower of the loan, and can include an estimated time period for satisfying the loan.
- the repayment value may be increased if the loan is outstanding after the estimated time period, and/or reduced if the loan is outstanding within the estimated time period.
- the second data may be associated with a greater of the sale price of the asset and the valuation of the asset.
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Abstract
Description
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Priority Applications (4)
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AU2006251874A AU2006251874B2 (en) | 2005-05-26 | 2006-05-26 | Method and processing arrangement for providing various financing options |
EP06741126A EP1894077A1 (en) | 2005-05-26 | 2006-05-26 | Method and processing arrangement for providing various financing options |
US11/915,511 US20080215479A1 (en) | 2005-05-26 | 2006-05-26 | Method and Processing Arrangement for Providing Various Financing Options |
CA002609894A CA2609894A1 (en) | 2005-05-26 | 2006-05-26 | Method and processing arrangement for providing various financing options |
Applications Claiming Priority (6)
Application Number | Priority Date | Filing Date | Title |
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US11/139,841 US20060271473A1 (en) | 2005-05-26 | 2005-05-26 | Process, system, software arrangement and storage medium which is capable of providing various financing options |
US11/139,841 | 2005-05-26 | ||
AU2005100968A AU2005100968C4 (en) | 2005-05-26 | 2005-11-22 | Process, system, software arrangement and storage medium which is capable of providing various financing options |
AU2005100968 | 2005-11-22 | ||
AU2006100240A AU2006100240C4 (en) | 2005-05-26 | 2006-03-28 | Method and processing arrangement for providing various financing options |
AU2006100240 | 2006-03-28 |
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WO2006125275A1 true WO2006125275A1 (en) | 2006-11-30 |
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PCT/AU2006/000707 WO2006125275A1 (en) | 2005-05-26 | 2006-05-26 | Method and processing arrangement for providing various financing options |
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EP (1) | EP1894077A1 (en) |
CA (1) | CA2609894A1 (en) |
WO (1) | WO2006125275A1 (en) |
Cited By (2)
Publication number | Priority date | Publication date | Assignee | Title |
---|---|---|---|---|
WO2009051725A2 (en) * | 2007-10-16 | 2009-04-23 | Sean Kelley | Methods and systems for valuing embedded options |
US8543494B2 (en) | 2009-01-09 | 2013-09-24 | Bank Of America Corporation | Shared appreciation loan modification system and method |
Families Citing this family (1)
Publication number | Priority date | Publication date | Assignee | Title |
---|---|---|---|---|
US20220292597A1 (en) * | 2019-10-07 | 2022-09-15 | Blue Water Financial Technologies, Llc | System and method for valuation of complex assets |
Citations (3)
Publication number | Priority date | Publication date | Assignee | Title |
---|---|---|---|---|
US5983206A (en) * | 1989-05-25 | 1999-11-09 | Oppenheimer; Robert H. | Computer system and computer-implemented process for implementing a mortgage partnership |
US20030110111A1 (en) * | 2001-12-07 | 2003-06-12 | Nalebuff Barry J. | Home equity insurance financial product |
AU2005100864B4 (en) * | 2004-10-13 | 2006-03-23 | Ares Capital Management Pty Ltd | Data Processing System and Method with Principal Adjustment |
-
2006
- 2006-05-26 WO PCT/AU2006/000707 patent/WO2006125275A1/en active Application Filing
- 2006-05-26 EP EP06741126A patent/EP1894077A1/en not_active Withdrawn
- 2006-05-26 CA CA002609894A patent/CA2609894A1/en not_active Abandoned
Patent Citations (3)
Publication number | Priority date | Publication date | Assignee | Title |
---|---|---|---|---|
US5983206A (en) * | 1989-05-25 | 1999-11-09 | Oppenheimer; Robert H. | Computer system and computer-implemented process for implementing a mortgage partnership |
US20030110111A1 (en) * | 2001-12-07 | 2003-06-12 | Nalebuff Barry J. | Home equity insurance financial product |
AU2005100864B4 (en) * | 2004-10-13 | 2006-03-23 | Ares Capital Management Pty Ltd | Data Processing System and Method with Principal Adjustment |
Cited By (3)
Publication number | Priority date | Publication date | Assignee | Title |
---|---|---|---|---|
WO2009051725A2 (en) * | 2007-10-16 | 2009-04-23 | Sean Kelley | Methods and systems for valuing embedded options |
WO2009051725A3 (en) * | 2007-10-16 | 2009-06-11 | Sean Kelley | Methods and systems for valuing embedded options |
US8543494B2 (en) | 2009-01-09 | 2013-09-24 | Bank Of America Corporation | Shared appreciation loan modification system and method |
Also Published As
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EP1894077A1 (en) | 2008-03-05 |
CA2609894A1 (en) | 2006-11-30 |
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