We received dozens of calls regarding loan restructuring and foreclosures. Below is an explanation of how the Central Bank of Cyprus (CBC) is demanding that loans to borrowers with multiple creditors be restructured. We also look briefly at foreclosures.

The CBC has issued a new Directive on Arrears Management 2013 under section 41 of the Banking Laws of 1997-2013 regarding arrears management and restructuring of bank customers’ debts. This specific directive applies to all banks and credit institutions licensed by the CBC and to all branches of international banks operating in Cyprus.

Section 2 of the Directive relates to the approach to multiple creditors/banks. It appears that many borrowers may have various loans with multiple creditors. Such multiplicity of creditors may lead to complexity in finding a sustainable debt restructuring solution for the borrower.

According to the CBC, banks should collaborate and be transparent during the debt restructuring process, having due regard to the following:

  • Banks/creditors acting independently and solely in their own interest may aggravate the difficulties for the borrower
  • In order to avoid the multiple impacts of bankruptcy on all creditors, the interests of both secured and unsecured creditors shall be considered in the development of a restructuring solution that is thus viable and sustainable;
  • Collaboration between the broader group of creditors is beneficial if it provides for burden sharing arrangements and minimisation of the overall costs.
  • Banking institutions have been urged to incorporate in their policies the following:
  • Where a erate with each other, to give sufficient though limited time (a “standstill period”) for information about the debtor to be obtained and evaluated.
  • During the standstill period, all relevant creditors should agree to refrain from taking any steps to enforce their claims against or (otherwise than by disposal of their debt/asset to a third party) to reduce their exposure to the debtor.
  • During the standstill period, the debtor should not take any action that might adversely affect the prospective return to relevant creditors (either collectively or individually) as compared with the position at the standstill commencement date.
  • During the standstill period, the creditors should require the debtors to provide, and to allow relevant creditors and their professional advisors reasonable and timely access to all relevant information relating to their assets, liabilities, business and prospects.
  • Debtor is found to be in financial difficulties, all local and relevant creditors should be prepared to cooperate with each other, to give sufficient though limited time (a “standstill period”) for information about the debtor to be obtained and evaluated.
  • During the standstill period, all relevant creditors should agree to refrain from taking any steps to enforce their claims against or (otherwise than by disposal of their debt/asset to a third party) to reduce their exposure to the debtor.
  • During the standstill period, the debtor should not take any action that might adversely affect the prospective return to relevant creditors (either collectively or individually) as compared with the position at the standstill commencement date.
  • During the standstill period, the creditors should require the debtors to provide, and to allow relevant creditors and their professional advisors reasonable and timely access to all relevant information relating to their assets, liabilities, business and prospects.

As non-performing loans increase in Cyprus banks borrowers also need to understand these directives and demand from banks to be restructured based on these guidelines.

Foreclosures

Strong efforts were made by the troika of international lenders to maximise bank recovery rates for non-performing loans, while minimising the incentives for ‘strategic defaults’ by borrowers (both commercial and residential loans). The troika wanted changes to the administrative hurdles and the legislative framework so that the property pledged as collateral can be foreclosed within a maximum time-span of 1.5 years from the initiation of legal proceedings. In the case of primary residences, this time-span could be extended up to two years.

In the memorandum of understanding signed with the troika it was stated that the necessary legislative changes will be implemented by end of 2013, macroeconomic conditions permitting. I believe that the time span for the eviction from primary and secondary residences will be subject to a significant debate as there are significant social and financial implications associated with it.

Given the present economic conditions in Europe and specifically in Cyprus, it is not in the banks’ interest to repossess such assets as the property prices have significantly dropped, something which will impact capital levels and profitability. However, I believe that new directives and ‘mortgage rescue schemes’, such as the ones applied in the UK, should be used and should be strongly supported by the government

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