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FEATURE
 

By Réhab El-Bakry

When Osama Saleh was tapped 10 months ago to head the Mortgage Finance Authority (MFA), he was well aware that he was up against a five-year legacy of false starts. Although the MFA came into existence in 2001 following the passing of Egypt’s first mortgage law, the authority seemed to face challenge after challenge leading many to disregard the effectiveness of the law and the mortgage system as a whole. Saleh has worked hard to change this perception.

Soft-spoken and patient, Osama Saleh does not lose his focus easily. His 27-year career in private banking made him an expert in overcoming the obstacles of the financial services industry. But in his current role as head of the Mortgage Finance Authority (MFA), he admits, he is at a disadvantage. “Coming from the private sector, I was unaware of the way the government works,” he confesses. “Banking services I could deal with, but this was very different because we were dealing with a service that was new, there were very few who were familiar with it, and even fewer who could implement it effectively.”

Drafted after years of debate, Mortgage Law 148/2001 aims to protect the interest of both consumer and mortgage provider. It took time to implement the law, says Saleh, because the government had to develop the infrastructure to make the system work. “This is the first time in Egypt’s history that we have something to organize the system through which real estate is owned,” he says. “It [provides] a system of protection and reduces the discretionary power of individuals by setting rules and regulations that apply to everyone in the market. This is a great move forward – don’t underestimate the law.”

The MFA was established in 2001 to regulate mortgage finance in Egypt, license its players and monitor all mortgage activities. “The best way to sum it up is that we protect all the players in the market,” says Saleh. “We protect their rights and ensure that everything is being implemented according to Law 148/2001.”

It sounds simple enough, but after five years, the MFA has only recently started to make headway. The total value of mortgages in Egypt is currently £E 350 million, which may not sound like a lot for a country of 72 million people, but is a marked improvement over just one year ago, when the total barely exceeded £E 15 million.

But what exactly is a mortgage? According to Saleh, a mortgage allows people to pay for a piece of property in installments over periods of up to 30 years. The long-term financing scheme helps buyers to purchase real estate they could not afford if required to pay cash upfront, but they could afford in the future. The property serves as collateral for the loan.

Under Law 148/2001, a mortgage may be given to purchase real estate, to build a new house or develop property, or to renovate existing property. In cases where the consumer is buying property within a residential compound, the mortgage is granted to the buyer but the name of the developer must appear on the forms.

Saleh explains the process. The first step, he says, is to decide whether to hire a mortgage broker or go it alone. Brokers help secure mortgages either through a mortgage company or bank, which pays their commission fees in lieu of the consumer.

The second step is to decide whether to take out the mortgage from a certified bank or mortgage finance company. In essence, there is very little difference between the two. Both pay for the property in full and effectively own it until the mortgage-holder completes the payments.

Banks that offer mortgages must be certified by the Central Bank of Egypt (CBE), which requires that mortgages do not exceed 5 percent of a bank’s existing portfolio. Egypt currently has two MFA-certified mortgage finance companies – Egyptian Housing Finance Company and Taamir Mortgage Company. A third company is in the process of receiving its license, while another four are studying the market’s potential.

Paperwork required for the mortgage application includes: proof of income from an employer or a tax statement, a copy of a personal or family national identification card, and proof of property registration. Registration has been a consistent problem hindering development of the mortgage market because traditionally, Egyptians don’t register their property. “It was both an expensive and [tedious] process,” Saleh admits. “We are still working to address the issue of registration, but like everything else, changing habits takes time.”

He explains that the mortgage providers will only deal with registered properties because it gives them assurance that the property is owned by an individual and that there will be no contention over who that individual is. Registration fees, previously at 12 percent of property value – among the highest in the world – were recently lowered to 3 percent to encourage registration. Earlier this year, the government also capped the fee at £E 2,000 – an amount on par with international norms.

After the mortgage application is filed, explains Saleh, the bank or mortgage finance company assigns a third party to appraise the property. Once the appraisal is completed and both sides agree to terms, the mortgage contract is signed. The bank or mortgage finance company processes the paperwork and, upon verification and approval, the price of the property is paid. At that point, the buyer is given the keys to their new home.

For Saleh, the keys to making Egyptians accept the new system are simplicity and credibility. The mortgage process should be simple, but the people managing it must be professional and trustworthy. As such, the MFA handles the training and licensing of brokers and appraisers. There are currently 210 government-licensed brokers and 82 certified appraisers in Egypt, all of whom Saleh says have completed courses conducted by the MFA’s trainers.

The MFA is also working with the CBE to establish a national credit bureau, Estealam, which is expected to open in 2007. The bureau would use a point system, deducting points for late payments or default on credit card and mobile phone bills, among other things. A better credit rating would make it easier to apply and receive a mortgage and other loans. “It’s all about the perceived risk,” Saleh explains. “The higher the risk [for the mortgage provider], the higher the requirements and guarantees and vice versa.”

When the mortgage law was first passed, there was much public debate over who would benefit. Critics said the law targets the upper class while offering little to the masses. Saleh, however, disputes the claim, arguing that mortgages are available to anybody and everybody regardless of property value. He says the MFA is acutely aware that those with limited means would be less inclined to apply for a mortgage despite the fact that they are in greater need of financial support. As such, the authority created the Guarantee & Subsidy Fund for the Mortgage Finance Industry, an independent body that provides both subsidies and guarantees to limited-income families. “We have a philosophy to build the pyramid from the bottom up,” he says.

The fund, which currently has a total of £E 350 million drawn from government coffers and private donations, provides a cash subsidy worth 15 percent of property value, which is deducted from the mortgage. To be eligible, individual income must be less than £E 1,000 per month and £E 12,000 per year. For a married couple, monthly income should not exceed £E 1,500 per month and £E 18,000 per year.

If a client falls behind on payments, Saleh explains, the fund kicks in to make three consecutive payments on the client’s behalf. The mortgage holder can then resume payments and repay the fund in installments over six months to a year. The guarantee the fund provides is important, says Saleh, because “anyone can go through a financial squeeze.”

Unfortunately, sometimes this contingency plan is not enough. In cases where the borrower is unable to resume payments, Saleh explains, the lender forecloses on the property. When this happens, there is another property appraisal and auction, which a court-appointed legal agent, trained and certified by the MFA and the Ministry of Justice, oversees. Upon the sale, the mortgage provider collects the outstanding balance on the property. The difference in sale price is then turned over to the mortgage holder.

“This is a very good aspect of the law because it is humane to all parties. Under other civil codes, the lender forecloses on the property and sells it for [the amount] owed, while the money paid by the consumer is of no consequence. The number one priority is for the lender to get the money they lent out,” says Saleh. “But under the mortgage law, this system ensures that both sides walk away with the fewest losses possible.”

While Egypt’s mortgage law is modeled after other international mortgage laws, it does vary in some aspects, particularly when it comes to insurance. In most countries, mortgaged properties must be insured. Egyptian law, however, does not require it. But since mortgage providers are responsible for the full cost of the real estate even in the case it is damaged or destroyed, or the owner dies, they are unlikely to approve a mortgage unless the applicant has life and fire insurance.

Besides, says Saleh, who would want their remaining kin to be saddled with debt if they unexpectedly die? “This would mean the family could end up on the street,” he says. To prevent this, the MFA is working with the Egyptian Insurance Supervisory Authority (EISA) to develop specific products for real estate buyers such as mortgage and title insurance, which will give prudent homebuyers more options.

For Saleh, one of the MFA’s biggest challenges right now is to inform and educate the public about mortgages. The authority is not waiting for clients to simply come knocking on its door. Instead, it has taken a proactive approach, launching a public awareness advertising campaign and networking with potential clients.

The campaign is especially important, Saleh says, because the public has more misconceptions about the mortgage system than facts – a situation he blames largely on the media. “The media initially presented the law in a very complicated manner,” he says. “We are trying to address this by sharing more information.” The MFA has launched a training program for local journalists to increase their understanding of how the mortgage system works with the aim being to help these journalists present mortgage activities more accurately in their articles.

Another top priority for Saleh is establishing a mortgage refinance system. Since mortgages are payable over 20 to 30 years, mortgage financing requires a lot of cash upfront. With a mortgage refinancing system, he explains, the bank or mortgage company can access cash without using its own capital. To this end, the government along with private mortgage companies and banks created the Egyptian Company for Mortgage Refinancing. The company has £E 200 million paid-in capital.

The refinancing company, he says, will allow more people to enter the mortgage market, which in turn boosts the real estate market and creates a ripple effect through the economy. “Real estate is an industry,” he says, “that pushes other industries towards growth. It creates a lot of jobs, from unskilled labor to highly technical jobs.”

While Saleh is encouraged by the spike in mortgages over the last year, he feels the numbers are too low compared to the size of the population. Part of the problem, he says, is that Egyptians are uneasy with long-term debt. Eventually, though, he thinks people will accept the idea. “It might take some time, but I am confident that it will happen. I am accustomed to success. This will be no exception.”

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