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ACC Loan Management

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ACC Loan Management Limited , formerly ACCBank plc , was originally a commercial bank in Ireland that focused on agriculture and SME lending, and later became a company that focussed on managing the lending facilities of its existing clients. The bank had its origins in the Agricultural Credit Corporation ( Corparáid an Chairde Talmhaíochta ) set up in 1927 in the Irish Free State to finance agriculture; the bank was successful and led to the creation of the Industrial Credit Company , which was modelled on it and provided finance to industry. In the early 1990s, the company name was changed from "Agricultural Credit Corporation plc" to "ACCBank plc" in order to signify that the company was then targeting more than simply agricultural customers. In early 2002, the bank was sold by the Irish Government to Rabobank , it was one of the three entities of the Rabobank (Ireland) .

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52-558: 1927 The Agricultural Credit Corporation was founded in September 1927 and was one of the first creations of the Irish Free State. 1988 A new Agricultural Credit Act empowered the corporation to deploy up to 25% of its risk assets outside agriculture and the foundations of present-day ACCBank were laid. 2000 ACCBank refocused its business model on the SME and Agri sectors positioning

104-628: A 1.1 debt cover. Lenders also look at loan to value (LTV). LTV is a mathematical calculation which expresses the amount of a mortgage as a percentage of the total appraised value. For instance, if a borrower wants $ 6,000,000 to purchase an office worth $ 10,000,000, the LTV ratio is $ 6,000,000/$ 10,000,000 or 60%. Commercial mortgage LTV's are typically between 55% and 70%, unlike residential mortgages which are typically 80% or above. Lenders look at rents per square foot, cost per square foot and replacement cost per square foot. These metrics vary widely depending on

156-571: A benchmark (like LIBOR / EURIBOR ) plus a spread. The following is a descriptive passage from the "Borrower Guide to CMBS" published by the Commercial Mortgage Securities Association and the Mortgage Banker's Association : Commercial real estate first mortgage debt is generally broken down into two basic categories: (1) loans to be securitized ("CMBS loans") and (2) portfolio loans. Portfolio loans are originated by

208-436: A borrower to prepay a conduit loan, the borrower will have to defease the bonds, by buying enough government bonds (treasuries) to provide the investors with the same amount of income as they would have had if the loan was still in place. A commercial mortgage is typically taken in by a special purpose entity such as a corporation or an LLC created specifically to own just the subject property, rather than by an individual or

260-441: A commercial mortgage is generally determined based on loan to value (LTV) and debt service coverage ratios, more fully discussed below in the section on underwriting standards. Commercial mortgages can be structured as first liens or, if a greater loan amount is desired, the borrower may be able to obtain subordinate financing as well, sometimes structured as a mezzanine note or as preferred equity , which generally carries

312-446: A focus solely on debt recovery, and stopped delivering banking services on 30 May 2014. This meant the closure of current accounts and return of all deposits, including interest due. All Business Centres in Cork, Drogheda, Dublin, Galway, Kilkenny, Limerick, Mullingar, Sligo and Waterford were closed to the public and the management of loan facilities was centralised instead of being dealt with

364-442: A government-sponsored enterprise or government agency may have terms of thirty years or more. Some commercial mortgages may allow extensions if certain conditions are met, which may include payment of an extension fee. Some commercial mortgages have an "anticipated repayment date," which means that if the loan is not repaid by the anticipated repayment date, the loan is not in defaults. Commercial mortgages frequently amortize over

416-600: A higher interest rate. Interest rates for commercial mortgages may be fixed-rate or floating rate. Fixed-rate mortgages on stabilized commercial real estate are generally priced based on a spread to swaps , with the swap spread matched to the term of the loan. Market interest rates as well as underwriting factors greatly affect the interest rate quoted on a particular piece of commercial real estate. Interest rates for commercial mortgages are usually higher than those for residential mortgages. Many commercial mortgage lenders require an application fee or good-faith deposit, which

468-441: A larger business. This allows the lender to foreclose on the property in the event of default even if the borrower has gone into bankruptcy, that is, the entity is " bankruptcy remote ". Commercial mortgages may be recourse or non-recourse. A recourse mortgage is supplemented by a general obligation of the borrower or a personal guarantee from the owner(s) of the property, which makes the debt payable in full even if foreclosure on

520-509: A lender and held on its balance sheet through maturity. In a CMBS transaction, many single mortgage loans of varying size, property type and location are pooled and transferred to a trust. The trust issues a series of bonds that may vary in yield, duration and payment priority. Nationally recognized rating agencies then assign credit ratings to the various bond classes ranging from investment grade (AAA/Aaa through BBB-/Baa3) to below investment grade (BB+/Ba1 through B-/B3) and an unrated class which

572-411: A loss with further losses impacting more senior classes in reverse order of priority. The typical structure for the securitization of commercial real estate loans is a real estate mortgage investment conduit (REMIC). A REMIC is a creation of the tax law that allows the trust to be a pass-through entity which is not subject to tax at the trust level. The CMBS transaction is structured and priced based on

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624-421: A minimum debt service coverage ratio which typically ranges from 1.1 to 1.4; the ratio is net cash flow (the income the property produces) over the debt service (mortgage payment). As an example if the owner of a shopping mall receives $ 300,000 per month from tenants, pays $ 50,000 per month in expenses, a lender will typically not give a loan that requires monthly payments above $ 227,273 (($ 300,000-$ 50,000)/1.1)),

676-442: A minority of specialist lenders might calculate it at 125–130% for commercial mortgages and 110% for buy-to-let mortgages. Commercial mortgage-backed security Commercial mortgage-backed securities ( CMBS ) are a type of mortgage-backed security backed by commercial and multifamily mortgages rather than residential real estate. CMBS tend to be more complex and volatile than residential mortgage-backed securities due to

728-643: A property divided by the amount of the mortgage. Lenders typically do thorough extreme due diligence on a proposed commercial mortgage loan prior to funding the loan. Such due diligence often includes a site tour, a financial review, and due diligence on the property's sponsor and legal borrowing entity. Lenders look at credit score , bank statement, time-in-business, and annual revenue as well. Many lenders also commission and review third-party reports such as an appraisal , environmental report, engineering report, and background checks. Banks, large and small, are traditional providers of commercial mortgages. According to

780-403: A single property, the sponsor may choose to take out a cross-collateralized loan, in which all of the properties collateralize the loan. Lenders may require borrowers to establish reserves to fund specific items at closing, such as anticipated tenant improvement and leasing commission (TI/LC) expense, needed repair and capital expenditure expense, and interest reserves. Lenders usually require

832-451: Is responsible for the ongoing interaction with the performing borrower. (Also see primary servicer ) In some cases the borrower may deal with a primary servicer that may also be the loan originator or mortgage banker who sourced the loan. The primary servicer maintains the direct borrower contact, and the master servicer may sub-contract certain loan administration duties to the primary or sub-servicer. (Also see special servicer ) Upon

884-401: Is subordinate to the lowest rated bond class. Investors choose which CMBS bonds to purchase based on the level of credit risk/yield/duration that they seek. Each month the interest received from all of the pooled loans is paid to the investors, starting with those investors holding the highest rated bonds, until all accrued interest on those bonds is paid. Then interest is paid to the holders of

936-704: Is therefore currently unclear whether all mixed-use properties will be brought under FCA regulation when the new regulations take effect, irrespective of the proportion that is used for residential purposes. In the UK there is a distinction between commercial mortgages, which are for the purchase of non-residential real estate , and buy-to-let mortgages, which are for the purchase of residential real estate to let out to paying tenants. Buy-to-let loans may be offered by both commercial and residential mortgage lenders. Buy-to-let mortgages share similarities with both commercial and residential mortgages. Because of high consumer demand and

988-694: Is typically used by the lender to cover underwriting expenses such as an appraisal on the property. Commercial mortgages may also have origination or underwriting fees (paid at close as a reduction in loan proceeds) and/or exit fees (paid when the loan is repaid). The term of a commercial mortgage is generally between five and ten years for stabilized commercial properties with established cash flows (sometimes called "permanent loans"), and between one and three years for properties in transition, for example, newly opened properties or properties undergoing renovation or repositioning (sometimes called " bridge loans "). Mortgages on multifamily properties that are provided by

1040-512: The International Financial Services Centre with a skeleton staff. Commercial mortgage A commercial mortgage is a mortgage loan secured by commercial property , such as an office building, shopping center, industrial warehouse, or apartment complex. The proceeds from a commercial mortgage are typically used to acquire, refinance, or redevelop commercial property. Commercial mortgages are structured to meet

1092-564: The subprime mortgage crisis and the 2007–2008 financial crisis caused CMBS prices to fall dramatically, and new issuances of CMBS securities came to a virtual halt in 2008-2009. The market has begun to recover, with $ 12 billion in new issuance in 2010, $ 37 billion in new issuance in 2011, and $ 48 billion in new issuance in 2012. Government-sponsored enterprises such as Fannie Mae and Freddie Mac , as well as government corporations such as Ginnie Mae , are active lenders for multifamily commercial real estate (that is, apartment buildings) in

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1144-558: The Federal Reserve, banks held $ 1.5 trillion of commercial mortgages on their books as of June 30, 2013. Conduit lenders originate commercial mortgages and hold them as investments for a short period of time before securitizing the loans and selling CMBS secured by the underlying commercial mortgage loans. Conduit lenders include both banks and non-bank finance companies. Approximately $ 560 billion of commercial mortgages were held by issuers of CMBS as of June 30, 2013, according to

1196-478: The Federal Reserve. Securitization of commercial mortgages in its current form began with the Resolution Trust Corporation 's (or RTC's) commercial securitization program in 1992-1997. The RTC applied an approach similar to the one it had begun successfully using with residential mortgages, issuing multiple tranches of securities secured by diversified pools of commercial mortgage loans. Following

1248-679: The United States. Approximately $ 390 billion of multifamily residential mortgages were held by government-sponsored enterprises or Agency and GSE-backed mortgage pools as of June 30, 2013, representing 12% of total commercial mortgages outstanding and 43% of multifamily commercial mortgages outstanding at that time. Insurance companies are active investors in commercial mortgages, and hold approximately $ 325 billion of commercial mortgages as of June 30, 2013. Mortgage brokers do not provide commercial mortgage loans, but are often used to obtain multiple quotes from different potential lenders and to manage

1300-418: The assumption that it will not be subject to tax with respect to its activities; therefore, compliance with REMIC regulations is essential. CMBS has become an attractive capital source for commercial mortgage lending because the bonds backed by a pool of loans are generally worth more than the sum of the value of the whole loans. The enhanced liquidity and structure of CMBS attracts a broader range of investors to

1352-467: The availability of commercial credit; however, the Bank of England’s 2013 Q4 Credit Conditions Survey indicated that commercial credit availability to the corporate sector had increased throughout the year. As regulated mortgage contracts are defined as relating to properties that will be used “as or in connection with a dwelling by the borrower… or a related person”, individual commercial mortgage contracts and

1404-713: The bank as a relationship bank in these sectors. 2002 ACCBank became a wholly owned subsidiary of Rabobank. With the backing of its parent, ACCBank embarking on ambitious plans to strengthen and grow its presence in Ireland as a leading Business and Agri-business bank. As part of the Netherlands-based, former AAA rated, Rabobank Group, ACCBank’s range of products and services included commercial mortgages , working capital finance, asset finance and leasing and wealth management . 2014 - ACCBank Restructuring, ceases banking, debt recovery focus ACCBank decided to restructure with

1456-454: The bank's staff focused on debt recovery. 2018-19: Sale of loans In December 2018, ACCLM transferred the ownership of outstanding loans to the Dutch parent company, which sold the portfolios the following year. The remaining assets and liabilities of ACCLM, mainly consisting of dormant or unclaimed accounts, were transferred to ACC Investments Limited. ACCIL still operates from a small office in

1508-653: The commercial mortgage market. This value creation effect allows loans intended for securitization to be aggressively priced, benefiting Borrowers. Mortgage-backed securities can be distinguished by the type of real estate behind the collateral: The characteristics of Commercial MBS vary depending on the term. While the longer-term loans (5 years or longer) often have fixed interest rates and restrictions on early repayments, shorter-term loans (1–3 years) usually have variable interest rates and free early repayments. Commercial Mortgage-Backed Securities (CMBS) and Residential Mortgage-Backed Securities (RMBS) are distinct primarily in

1560-508: The controlling class. The investor in the most subordinate bond classes is commonly referred to as the "B-piece buyer". B-piece buyers generally purchase the B-rated and BB/Ba-rated bond classes along with the unrated class. The trustee’s primary role is to hold all the loan documents and distribute payments received from the master servicer to the bondholders. Although the trustee is typically given broad authority with respect to certain aspects of

1612-555: The financing process. Correspondent Lenders do not loan their own money, but provide front end services such as origination, underwriting, and loan servicing for lenders that utilize these types of companies. The correspondent often represents lenders in a particular geographic area. Analysis of HM Revenue and Customs data for property transaction completions in the United Kingdom between 2005 and 2013 shows that, unlike residential lending, mortgage lending for non-residential property

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1664-410: The income these commercial properties generate. The risk profiles and the repayment structures of these securities can differ significantly due to the nature of the residential versus commercial real estate markets. The master servicer’s responsibility is to service the loans in the pool through to maturity unless the borrower defaults. The master servicer manages the flow of payments and information and

1716-538: The introduction of the securitization methods by the RTC, private banks began to originate loans specifically for the purpose of turning them into securities. These loans are typically structured to forbid prepayment beyond a specified amortization schedule. This makes the resultant securities more attractive to investors, because they know that the commercial mortgages will remain outstanding even if interest rates decline. New CMBS issuance peaked in 2007 at $ 229 billion. Then,

1768-591: The loan book written down since 2008. SIPTU and UNITE trade unions wanted the Government to take ACC Bank back into State ownership and were looking for a meeting with the Minister for Finance in an attempt to seek to save jobs. They referred to the inclusion of a State investment bank in the Programme for Government. There was some redeployment opportunities to Rabobank but no new business was being generated for some time with

1820-556: The loan under the Pooling and Servicing Agreement (PSA), the trustee typically delegates its authority to either the special servicer or the master servicer. There will be as few as one and as many as four rating agencies involved in rating a securitization. Rating agencies establish bond ratings for each bond class at the time the securitization is closed. They also monitor the pool’s performance and update ratings for investors based on performance, delinquency and potential loss events affecting

1872-518: The local business centres. ACCBank ceased to be a bank mid-2014 returning its banking licence but continued to manage its loan portfolio. After ACCBank returned its banking licence, it was regulated by the Central Bank of Ireland, but with an alternative status and not as a bank. Commenting on the changes, country manager Kevin Knightly for parent Rabobank found losses incurred by ACC Bank Plc because of

1924-403: The location and intended use of the property, but can be useful indications of the financial health of the real estate, as well as the likelihood of competitive new developments coming online. Since the 2007–2008 financial crisis , lenders have started to focus on a new metric, debt yield, to complement the debt service coverage ratio. Debt yield is defined as the net operating income (NOI) of

1976-689: The lower capital offset requirements, mortgage lenders are able to offer buy-to-let finance at typically lower interest rates than commercial mortgages. There is also a degree of regulatory crossover between the buy-to-let and residential markets, and many buy-to-let lenders employ underwriting checks similar to those prescribed by the FCA for residential mortgage applications. Like commercial mortgages, however, buy-to-let mortgages are underwritten according to debt-service coverage rather than income multiples. High street banks might calculate DSCR at 160–170% for commercial mortgages and 125–130% for buy-to-let mortgages, while

2028-409: The needs of the borrower and the lender. Key terms include the loan amount (sometimes referred to as "loan proceeds"), interest rate, term (sometimes referred to as the "maturity"), amortization schedule, and prepayment flexibility. Commercial mortgages are generally subject to extensive underwriting and due diligence prior to closing. The lender's underwriting process may include a financial review of

2080-483: The next highest rated bonds and so on. The same thing occurs with principal as payments are received. This sequential payment structure is generally referred to as the "waterfall". If there is a shortfall in contractual loan payments from the Borrowers or if loan collateral is liquidated and does not generate sufficient proceeds to meet payments on all bond classes, the investors in the most subordinate bond class will incur

2132-419: The occurrence of certain specified events, primarily a default, the administration of the loan is transferred to the special servicer . Besides handling defaulted loans, the special servicer also has approval authority over material servicing actions, such as loan assumptions. The most subordinate bond class outstanding at any given point is considered to be the directing certificate holder, also referred to as

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2184-533: The property and the property owner (or "sponsor"), as well as commissioning and review of various third-party reports, such as an appraisal . There were $ 3.1 trillion of commercial and multifamily mortgages outstanding in the U.S. as of June 30, 2013. Of these mortgages, approximately 49% were held by banks, 18% were held by asset-backed trusts (issuers of CMBS ), 12% were held by government-sponsored enterprises and Agency and GSE-backed mortgage pools, and 10% were held by life insurance companies. The loan amount of

2236-674: The property crisis, a position emerging of its costs exceeding income during 2014 and that position was unsustainable for its parent, requiring immediate action to stem loses. The bank had reported losses since 2007. ACC also explored the possibility of outsourcing a portion of its loan book, in the region of 10%, excluding agricultural loans and selected Capita as the preferred service provider who have 1,000 staff in Ireland. ACC had 5,000 deposit customers totaling €110 million. Overdrafts on current accounts amounted to almost €75m. The parent company, Rabobank Group, had provided capital support of €1.3 billion to ACC since 2008 with over €2.1 billion of

2288-400: The property does not satisfy the outstanding balance. A nonrecourse mortgage is secured only by the commercial property that serves as collateral. In an event of default , the creditor can foreclose on the property, but has no further claim against the borrower for any remaining deficiency. If a sponsor is seeking financing on a portfolio of commercial real estate properties, rather than

2340-410: The property. Some commercial mortgages have an interest-only period at the beginning of the loan term during which time the borrower only pays interest. Commercial loans vary in their prepayment terms, that is, whether or not a real estate investor is allowed to refinance the loan at will. Some portfolio lenders, such as banks and insurance companies, may allow prepayment flexibility. In contrast, for

2392-482: The sale thereof are not regulated by the Financial Conduct Authority (FCA). There is an exception for mixed-use properties where 40% or more of the property will be used as a dwelling. By March 2016, however, the UK will be required to have implemented new rules to comply with the pan-European Mortgage Credit Directive, which does not draw a distinction between commercial and semi-commercial properties; it

2444-424: The structure of commercial mortgages. Commercial mortgages often contain lockout provisions (typically a period of 1–5 years where there can be no prepayment of the loan) which they can be subject to defeasance , yield maintenance and prepayment penalties to protect bondholders. European CMBS issues typically have less prepayment protection. Interest on the bonds may be a fixed rate or a floating rate, i.e. based on

2496-401: The term of the loan, meaning the borrower pays both interest and principal over time, and the loan balance at the end of the term is less than the original loan amount. However, unlike residential mortgages, commercial mortgages generally do not fully amortize over the stated term, and therefore frequently end with a balloon payment of the remaining balance, which is often repaid by refinancing

2548-399: The underlying assets that support them. RMBS are securities backed by a home or residential apartment loan bundle, allowing investors to benefit from mortgage payments and homeowners' interest. On the other hand, CMBS is supported by loans on commercial properties such as office buildings, retail stores, shopping centers, or other commercial spaces. It provides investors with cash flow from

2600-412: The unique nature of the underlying property assets. The typical structure for the securitization of commercial real estate loans is a real estate mortgage investment conduit (REMIC), a creation of the tax law that allows the trust to be a pass-through entity which is not subject to tax at the trust level. Many American CMBS transactions carry less prepayment risk than other MBS types, thanks to

2652-412: Was on the decline prior to the 2008–2009 global recession . Gross commercial and residential lending began picking up at a similar pace from 2009 onwards, exhibiting 16.2% and 18.2% non-inflation adjusted growth respectively between 2009 and 2013. In 2014, commercial lending represented just 5.2% of overall gross mortgage lending by volume, but 25.3% by value. The average commercial mortgage in this year

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2704-517: Was £1.46 million, compared to the average residential mortgage of £236,400. Regulations introduced in 2013 by the Financial Services Authority (FSA) required banks to hold a risk-weighted amount of capital against commercial mortgages – ranging from 50% to 250% of the loan amount – in order to limit their exposure to commercial property assets. Critics predicted that the larger capital requirements for large banks could adversely affect

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