Buy Properties Below Market Value

Bajaj Allianz, ICICI Lombard in talks with American company to launch the product.

Property transactions in India will soon have an insurance cover to fall back in case something goes wrong in the deal. The country’s two large private sector insurers, ICICI Lombard General Insurance and Bajaj Allianz General, are planning to launch title insurance covers this year.

Title insurance is a cover that protects a potential owner of a property against loss from defects in title. The policy is a retrospective one, where the insured is protected against losses arising from the events that occurred prior to the date of issuing the policy. Globally, the policy is bought by investors, occupiers and financiers.

At present, none of the property transactions, be it large acquisitions or a simple sale of a land or a flat, is covered through an insurance policy by an Indian insurer.

The reason is that Indian insurance companies do not have the underwriting expertise to offer title insurance products. Indian insurers require reinsurance support to be able to offer the product.

Both Bajaj Allianz and ICICI Lombard are in talks with First American Title Insurance Company (FATIC), which will be offering reinsurance support for Indian insurers to offer the product.

FATIC is the largest title insurer globally, with a revenue of $8.4 billion in 2006.

Says Swaraj Krishnan, CEO, Bajaj Allianz General Insurance, “We have had a preliminary discussion with First American Title Insurance. We have asked them to give us the product details. We will be doing a market study, verifying the titles and will file the product with the regulator in the coming months.”

The value of the title insurance cover will be equal to the price of land that has to be acquired. The premium rates will be a function of the value of property, the nature of transaction, which means the size of the purchase, the past history of the real estate property, costs relating to title search and the legalities involved in the title search.

Howden Insurance Brokers is also in talks with real estate developers, financial institutions, law firms, insurance companies and reinsurers to culminate into the next few insurance policies being sold.

Says Anoop Mathur, vice-president of Howden Insurance Brokers, “The value at risk has grown proportionally as the land cost has increased for the real estate developers. Title insurance makes a project bankable and saleable to customers.”

According to Akshaya Kumar, chairman, Park Lane Property Advisors, consultants during due diligence discover 20-30 per cent cases have title defects in them.

Property consultants believe that the availability of title insurance products will boost private equity investment in Indian real estate since most of the institutions are very particular about clear titles.

According to accounting and business consultancy firm Grant Thornton India, private equity firms have invested nearly Rs 25,000 crore in Indian real estate and infrastructure in 2007and, according to industry estimates, the investments are set to grow in the coming year.

“Institutions do not buy even if they have the slightest doubt about the titles. More private equity funds will flow in the Indian real estate if title insurance products are available in the country,” says Anuj Puri, chairman, Jones Lang LaSalle Meghraj, an international property consultant.

Adds Anshuman Magazine, managing director, CB Richard Ellis, South Asia: “Title insurance products give a lot of comfort to international investors to invest their funds in the property markets of developing markets such as India. Since these investors do not invest directly and do joint ventures with Indian developers, the local partners will take care of title issues. But we have also seen foreign investors demanding these products before signing the agreements to develop properties.”

According to Mathur of Howden Insurance Brokers, the two Bills — Land Acquisition Amendment Bill, which has been introduced last month in the Lok Sabha, and the Resettlement and Rehabilitation Bill – will make corporates acquiring land for SEZ or other reasons buy title insurance covers.

Explains Mathur, “After the amendement of the Land Acquisition Act, 1984, the government will not be able to acquire land and make it available for companies. As a result, corporates will have to acquire the land directly from land owners at a higher price. In such a scenario, title insurance would protect project developers from any financial loss arising from any defects in title to real property.”

There are two types of title insurance policies: the owners’ policy and the lenders’ policy. Owners’ title insurance is bought by a buyer of the property. It protects the buyer from all loss or defects in a title.

On the other hand, the lenders’ title insurance is bought by lenders such as banks and financial institutions. Experience in other global markets is that all institutional lenders require title insurance to protect their interests in the collateral of loans secured in real estate.

The policy amount decreases each year in proportion to the loan paid off each year. The policy has a provision for defence cost if a title to the real property is challenged in a court of law up to the actual amount of indemnity provided under the policy.

Land records in the country are not computerised and are not easily accessible.

The deeds registration system is not guaranteed by the state government and is inconclusive; typically leaving buyers with 30 years of title deeds to assess. Besides, the level of fraud in Indian real estate transactions is very significant; and the legal process is slow.

According to insurance officials, four to five foreign title insurance companies are keen to do business in India on this product. They may set up a dedicated company in India or could provide reinsurance support to Indian insurers to offer the policy for this line of business.

Asian investors have shelled out approximately AED 9 billion in real estate investments into the UAE from March 2007 to the early months of 2008, according to recent market studies. Driven by the huge potential of marketing its developments to Asian-based investors, Bonyan International Investment Group has participated at the recently concluded Cityscape Asia 2008, where it showcased its AED 3.5 billion project portfolio.

As one of the five real estate companies that represented the UAE at the event, Bonyan’s participation was aimed at increasing its penetration in the Asian market to further reinforce its presence in the international real estate arena.

With industry experts projecting further growth in investment opportunities within the UAE real estate market, investors from India, Pakistan and Iran continue to patronise commercial, residential and mixed use spaces within the country’s most sought-after developments. Backed by a strong portfolio of high value real estate offerings and an array of value added services, Bonyan’s strategy is to develop more unique projects that can deliver outstanding investment returns.

In addition to favourable economic and geographical conditions, the involvement of governments through several landmark legislations being enacted across the seven emirates has further positioned the UAE as regulated and investor-friendly market.

“Our aim is to gain a worldwide repute as a developer of high value single development and large-scale community projects and build a project portfolio worth AED 10 billion in the next three years. Being able to penetrate and thrive within the highly competitive regional real estate market is truly overwhelming, and the next step for us is to venture out and seek a broader market for our high value offerings.

For us to be able to realise this vision, we are continuously exerting much effort to bring foreign investors to the country by underlining the outstanding business prospects in the country through events such as this,” said Eng. Abdullah Atatreh, Chairman, Bonyan International Investment Group.

Visitors and participants at the three-day exhibition gained a clearer overall perspective of the booming real estate landscape of the UAE and the Middle East region, and the outstanding investment opportunities being offered by Bonyan through its current development projects such as Dubai Gate 1 and 2, Sharjah Gate and ABBCO Tower.

The developer also showcased its full suite of integrated and research-based services, which include project management and value engineering, sales and marketing, and investment and feasibility, which are being offered across all Bonyan offices in Dubai, Abu Dhabi, Muscat, Qatar and Amman.

“As one of the five developers from the UAE that took part in this event, we were very excited to showcase our portfolio of commercial, residential and mixed use projects, which accurately represents the amazing progress of the real estate market in the country.

Participation in international events of this magnitude undoubtedly presents numerous advantages, not only in driving sales but also in expanding our networks and gaining valuable partnerships with other global players, and this year, we are confident that the results of our presence will exceed the outstanding opportunities that events of this kind have previously opened up for us,” concluded Atatreh.

About Bonyan International Investment Group, L.L.C.

Bonyan International Investment Group, L.L.C. started its activities in 2002 and is now being considered as one of the leading real estate groups in the Middle East. The Group’s main activity is the development of real estate projects through ownership, partnership, or as development consultants. Offering a full suite of integrated and research-based services, the Group leverages several partnerships and strategic alliances with key regional and international business partners.

Its wide array of value-added services include real estate project development, project management and value engineering, sales and marketing, as well as investment and feasibility studies, which are being offered to individual, corporate and institutional clients and partners. With offices in Dubai, Abu Dhabi, Muscat, Qatar and Amman, the company is playing an integral part in the development of the real-estate market in the region.

Buying a house below market value is a good way to get more profits as a real estate investor. One way you can find property at below market value is a foreclosure auction. Real estate goes into foreclosure when an owner of that real estate does not pay their mortgage on time. When real estate payments are not up to date it is a distress property. Nothing physically can be wrong with the house and it can be classified as a distress property. If the payments are not up to date that is enough to make a house a distress property. When a house is in distress status the owner is given a certain amount of time to bring the payments up to date. If the property owner does not bring the house up to date the bank that holds the mortgage can foreclose on the property.

When the bank takes control of a house that is when a distress property is classified as a foreclosed property. When the bank forecloses on a house, the bank will try to sell the house in a foreclosure auction. In a foreclosure auction the person with the highest bid will take control of the house from the bank. If the price is too low the bank will not sell the house. Some foreclosure auctions start at the price the bank is willing to sell the house for. Finding these auctions can take some work. Some places you can find foreclosure auctions are the newspaper and online. One other thing you can do is buy foreclose property lists for your area online. It is important to do research on the properties to see witch ones you will be interested in. It is important to research the property so you won’t over bid. One way of doing this is going and physically taking a look at the properties you think you will be interested in and do an assessment of there value.

Most likely you will not get to see the inside of the house, but you can make an assessment of the house from the outside. You should stay off the physical property if you can. You will not want to get charge for trespassing. It is recommended that you take pictures and write notes about the property; this is a good way to help you to make the decision of what properties you will want. It can also help you to make an assessment on the highest you will pay. When it is time for the foreclosure auction stick to your assessments and do not over bid. You may not get your first choice but it is better to get your second or last choice at below market value than to over pay for your first choice. Buying foreclosure properties does take some work, but the money you will save is worth it.