Loan Security Valuation Flashcards
(60 cards)
What are the key points of the RICS Guidance Note Risk, liability and insurance, 1st edition 2021?
- Liability caps - RICS recommends regulated firms use liability caps where legally permissible to ensure fair allocation of risk and reward between members and clients
- Third party reliance - make clear in the advice that their advice may only be relied upon by the named client
- Terms and conditions - 3 terms that should be considered from a risk perspective in the context of every instruction that a surveyor undertakes: scope of work, basis on which the fee will be calculated and the liability cap
- PII - ensuring correct PII cover
What section in the Red Book refers to secured lending?
VPGA 2 - Valuations for secured lending
VPGA 10 - Material valuation uncertainty (MVU)
What factors affect risk for loan security?
- Levels of demand
- Age and condition of properties
- Investment property - tenant covenant strength and lease terms
- Location
- Micro and macro-economic conditions
- Alternate use value
- Hackitt review has led to extensive fire safety investigations and works, the required scope of works may change over time
When might a property not be suitable for secured lending?
- Short leasehold interest
- High flood risk
- High contamination risk
- Structural problems
- Property is uninhabitable
What does the Red Book VPGA 2 state about conflicts of interest?
As per PS 2 section 3, members must act with integrity, independence and objectivity, and avoid conflicts of interest and any actions of situations that are inconsistent with their professional obligations.
Members must declare any potential conflicts (personal or professional) to all relevant parties. For example, has a financial interest in the asset or has provided fee earning professional advice on the property/ asset.
What 5 broad areas does VPGA 2 cover?
- taking instructions, TOE and disclosures
- independence, objectivity and conflicts of interest
- basis of value and special assumptions
- reporting and disclosures
What must you include in a secured lending report in accordance with VPGA 2?
a. Disclosure of any previous involvement or any arrangements agreed for avoiding a conflict of interest
b. Comment on suitability as security
c. Whether any deleterious materials have been noted
d. Comment on any flood risks or historic contamination
e. Past, current or future trends and volatility in the local market
What is a liability cap?
A contractual agreement that a client can only make a claim up to the amount agreed, even if the law would otherwise award a greater sum in damages.
How would a lender recover their loan if things go wrong?
- Receivers steps in as middleman between creditor and debtor
- They facilitate the payment of the loan through sale, collection etc
- Chose the best method of debt recovery
How does PII work for secured lending valuations?
What is contained within a secured lending instruction?
Instructions should be acknowledged in writing and should confirm any VPS 1 matters not included in the client’s TOE as they must incorporate the minimum requirements as stated in VPS 1.
The minimum requirements include:
* Property
* Bank
* Bank’s Customer
* Loan details (LTV - term)
* Red book basis
* Timescales
* Environmental report
* Fee
What is a service level agreement (SLA)?
- Agreement defining the level of service you are expectant of
- Lays out metrics by which service is measured
- Includes remedies or penalties should it not be achieved
What does VPGA2 say about dealing with conflicts?
- Must disclose any previous involvement within the last 2 years, with borrower or property
- Valuer’s decision whether to accept instruction
- Should there be a conflict, arrangements to manage this should be made
What does VPGA2 say about reporting and disclosures?
Reporting requirements are set out in VPS 6 and other specific requirements may also be agreed in the TOE.
The lender may require a comment on any specific risks / market trends and the current marketability of the interest.
It also says that it is good practice to attach any instruction letter and the TOE to the report and refer to these in the body of the report.
What should you do if the instructing party does not know or is unwilling to disclose the identity of the intended lender?
It should be stated in the TOE and the valuation report that the valuation may not be acceptable to a lender. This may be because some lenders do not accept a valuation procured by a borrower, or because a lender has specific reporting requirements.
If any new information regarding the identification of the lender arises after the TOE are agreed must be documented in writing as a addendum to the TOE and referenced in the valuation report. Once details of the lender become available, conflicts of interest should be conducted and documented in writing as an addendum to the TOE and referenced in the valuation report.
If a property is or will be an investment, what additional report contents should you include?
As per VPGA 2:
* Summary of occupational leases (indicating whether they have been read and the source of info relied on)
* Comparison of current rental income to market rent
* Assumption as to covenant strength where there is no info readily available or comment on the market’s view of the quality, suitability and strength of the covenant
* Comment on maintainability of income over the life of the loan (with particular reference to lease breaks and anticipated market trends)
* Comment on any potential for redevelopment/refurbishment at the end of the occupational lease
If a property is fully equipped as a trading entity and valued with regard to trading potential, what could have a significant impact on market value?
As per VPGA 2:
Closure of business.
The valuer should therefore report on this impact and could consider the following special assumptions:
* The business has been closed and the property is vacant
* The trade inventory has been depleted or removed
* The licences, consents, certificates and/or permitted have been lost or are in jeopardy and/or
* Accounts and records of trade are not available to a prospective purchaser
What special assumptions may be required for a property fully equipped as a trading entity and valued with regard to trading potential?
As per VPGA 2:
Assumptions made on the trading performance
Projections of trading performance that materially differ from current market expectations
What additional report should you include for a property that is, or intended to be, the subject of development or refurbishment?
As per VPGA 2:
* Comment on costs and contract procurement
* Comment on the viability of the proposed project
* If the valuation is based on a residual method, an illustration of the sensitivity of the valuation to any assumptions made
* The implications on value of any cost overruns or contract delays
* Comment on the anticipated length of time the redevelopment/refurbishment will take, as this may affect the current value due to inconvenience and/or temporary lack of utility
What typical special assumptions may arise for a property that is, or intended to be, the subject of development or refurbishment?
As per VPGA 2:
* The works described had been completed in a good and competent manner, in accordance with all appropriate statutory requirements
* The completed development has been let, or sold, on defined terms
* A prior agreed sale or letting has failed to complete
What are examples of previous/future involvement under VPGA 2?
- Longstanding professional relationship with client/borrower
- Introducing the transaction to the client/borrower for which a fee is payable to the valuer or firm
- Has a financial interest in the asset/borrower
- Is acting for the owner of the property or asset in a related transaction.
- Is acting (or has acted) for the borrower on the purchase of the property or asset
- Is retained to act in the disposal or letting of a completed development on the subject
- Has recently acted in a market transaction involving the subject
- Has provided fee earning professional advice on the property or asset to current or previous owners or their lenders
- Is providing development consultancy for the current or previous owners
Can you value a property that your agency team has sold?
You can be both the agent for the seller and the valuer for the lender/purchaser - however, must be disclosed and agreed in writing. And you must also determine whether you can act impartially.
What basis of value is commonly used in loan security valuations?
Market Value
What is mark to model valuation approach?
“Mark-to-market” is a way of valuing assets based on how much they could sell for under current market conditions
Assets that must be “Marked-to-model” either don’t have a regular market that provides accurate pricing, or have valuations that rely on a complex set of reference variables and timeframes.
This creates a situation in which guesswork and assumptions must be used to assign value to an asset, which makes the asset riskier