Loan Security Valuation Flashcards

1
Q

What is a typical LTV Ratio?

A

60-70%

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2
Q

What does UK VPGA 10 relate to?

A

Valuation for commercial secured lending purposes.

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3
Q

What does UK VPGA 13 relate to?

A

Residential secured lending guidance for other related purposes including RICS Home Buyer Survey.

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4
Q

State what is within UK VPGA 10?

A
  • Guidance relating to commercial secured lending in the UK.
    -DRC method not to be used as primary valuation method.
    -Provides more detail for independence, objectivity and conflicts of interest.
  • States that if panel agreements agreed, TofE must still reflect individual assignment.
    -Panel agreements should be under regular review by valuer.
    -Important that any loan sec report addressed only to named lender and not borrower.
    -As default position, the TOFE should limit reliance only to addressee.
    -Any comments by valuer to loan security must be limited only to property and market factors.
    -Valuer only expected to provide opinion based on info readily available in market.
    -Advises for caution regarding revaluations if required.
    -Mentions important of sustainability and ESG factors to value.
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5
Q

What is Freemont (Denbigh) V Knight Frank LLP (2014)?

A

Knight Frank valued some land for secured lending purposes. The claiment alledged that Knightfrank overvalued the property and upon trying to sell the property they did not achieve any offers close the the valuation figure. They decided to sue Knight Frank for a breach in their duty of care requirements. However, the Courts ruled in favour of Knight Frank as the claimed losses were not within the scope of duties owed by Knight Frank (e.g. they were only required to value for secured lending purposes).

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6
Q

On Wells Place, talk to me about the risk profile of the property and how your advice differs based on the risk profile?

A

My executive summary includes a SWOT analysis for this property. I identified strengths being that the warehouse was relatively newly built and in close proximity to both the A23 and M25. I identified a weakness to be due to the tree protection order limiting further extensions of the building. However, I advised that an opportunity was to sell parcels of the land off to the houses behind. I capitalised the income at an ARY which reflected both the growth and risk element for the property.

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7
Q

How do you check previous involvement before agreeing to an instruction?

A

Send out a conflict checker to my company.

If there are files either online or paper, check these to see the last time any work was done and by whom.

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8
Q

What would you do if you found out you were conflicted with a job half way through?

A

I would immediately inform my client and depending on the type of conflict, I would seek informed consent from all parties and potentially adopt an information barrier. However, I would make the last decision as to whether to continue the instruction or not.

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9
Q

What is Scullion V Bank of Scotland (2011)?

A

Purchaser bought buy to let flat and sought finance. Lender instructed surveyor to value. Purchaser did not instructed own surveyor and the rent prospects were overstated by the lender’s surveyor. The purchaser sued the surveyor.

The judge felt that the surveyor owed a duty of care to the purchaser as they had relied on the valuation when securing a loan and looking to purchase.

However, court of appeal overturned decision stating that while purchaser may have relied on valuation, it was not reasonablly forseeable to impose duty of care on surveyor. As buy to let was a commercial transaction the first judge’s case law did not apply and generally purchasers of commercial transactions would instruct their own surveyors.

Therefore, unless lender’s valuer agrees to assume responsibility for purchaser as well, the purchaser should instruct their own valuer.

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10
Q

Talk me through your SWOT analysis for Partridge Green?

A

S - At val date there was strong demand for VH Industrial VP units.
Good parking provision.
W - Poor location, no trunk road nearby
O - Continue to maintain and repair property to maximise MV.
T - Russia/Ukraine war/Cost of living crisis.

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11
Q

In Partridge Green, was your MV based on the SWOT?

A

I used the investment method to value this property, in adopting ARY I used the SWOT analysis to factor in both future growth and risk.

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12
Q

For Yateley, how did you calculate the costs for the extra work required using BCIS?

A

I measured each room that required work individually in order to get the sizes in sqm to calculate build costs using BCIS to fully fit out. I then checked my calculated total figures with a building surveyor at my firm for their opinion on if this was a fair reflection of the actual costs.

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13
Q

For Yateley, why did you include developer’s profit for a VP property?

A

As req to value the property on a VP basis, I added in an element of profit/contingency for added hassle for a potential purchaser as it would be expected that there would be a discount if the property was unfinished.

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14
Q

In Wells Place, how did you find out that there was ancient woodland onsite?

A

The LPA website listed it as a planning constraint and the client’s customer also mentioned it during my inspection.

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15
Q

What is a Tree Protection Order?

A

An order to protect specific trees. It means that if an individual wants to undertake management/development, etc onsite they will need to consult LPA. Normally used in urban or semi-rural areas where you would want to conserve nature areas.

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16
Q

In Wells Place, where are details of the protection plan held?

A

A protection plan was done onsite as a condition for planning being granted. It is held on the LPA website.

17
Q

For Wells Place, did you use woodland or garden comparables?

A

Woodland comparables as I valued the ancient woodland as is.

18
Q

What is UK VPGA 11?

A

Valuation of UK Residential Property

19
Q

What is the valuers role under UK VPGA 11?

A

Advise client on:

-Nature of proprerty and factors revealed during inspection that are likely to materially impact its marketability and value.
-The MV (and MR if req), with assumptions and SAs specified.
-Where there are serious items of disrepair or obvious potential hazards revealed during inspection.

20
Q

What is ‘projected market value’ as per UK VPGA 11?

A

Relates to the date after the date of the report.

21
Q

What is PMV?

A

Projected Market Value

22
Q

Does PMV require valuer to adopt a Special Assumption?

A

Yes, all provisos and disclaimers should be stated in terms of engagement.

23
Q

Are valuers expected to inspect roof voids and upper floor voids as per UK VPGA 11?

A

Unless instructed otherwise inspection to be carried out of property on as is readily accessible. For inspections of roof space, this should be done on a head and shoulders basis only.

24
Q

As per UK VPGA 11, what other additional requirements relate to the inspection of flats or maisonettes?

A

Should consider info relating to the unexpired lease term, ground rent and other relevant information. However, valuer cannot fully rely on this information if only given verbally, should caveat saying for client to seek legal representation to confirm this to be the case.

25
Q

What level of investigations are required by valuer into legal planning and environmental matters?

A

-For legal/planning matters, valuer not required to search for statutory notices but legal advisors may ask if a matter comes to light if it will effect value.

-For environment, no enquiries regarding contamination or other environmental hazards are to be made, but if valuer suspects issue it should be brought to attention.

26
Q

What does the UK National Supplement say about the DRC?

A

This method should not be used as the primary method of valuation. However, it may be used as a check measure.

27
Q

What does VPGA 2, state about previous or current involvement?

A

It must be disclosed to the client before agreeing the instruction.

28
Q

What does VPGA 2, state as previous involvement?

A

Normally any involvement with borrower, property or connected parties within the last 24 months from date of instruction. This may vary for different lenders.

29
Q

What happened in Smith V Bush (1980) and Harris V Wyre Forest District Council (1989)?

A

2 linked cases.

Related to a valuer’s duty of care when instructed to value for mortgage purposes.

House of Lords decided that for both cases the duty of care applied to the purchaser of the mortgaged property. Disclaimers to remove 3rd party liability were unsuccessful as it wasnt deemed fair and reasonable.

Set precedent that valuer owed duty of care to purchaser of mortgaged property if at lower scale. However, House of Lords reserved position for higher/more specialised properties.

30
Q

What happened in Hubbard V Bank of Scotland plc (2014)?

A

Valuer noticed historic cracking on wall of house during mortgage valuation but did not recommend full structural survey.

Property was then purchased and it was found that the property suffered from subsidence, leading to a negligence claim.

Court of Appeal held that no duty of care existed under these circumstances. Due to borrower not being able to establish that they had relied upon the valuation and disclosed that they had not actually read the report.

Also held that Surveyor’s duty of care was to recommend further investigations was only required where hidden defects were suspected.

31
Q

On West Street, were you able to advise on the suitability for lending?

A

Yes, I advised that the property was secured for lending at my opinion of Market Value. Despite the weak covenant for the yoga studio, the property was in a central location and I believed even if the tenants did default there would be demand for the unit.

32
Q

On Wells Place, what did you provide the client on its suitability for secured lending?

A

I was of the opinion that the property was secure for lending at my opinion of Market Value.

33
Q

On Partridge Green why did you do a SWOT analysis?

A

My client required one, it also provided them with a quick summary of the report and it also helped me identify factors both internally and externally within the party which affected what yields I would include.

34
Q

In Partridge Green, how did you use the Red Book in this valuation?

A

I complied with PS1-2.
I confirmed tofe in line with VPS 1
My records were in line with VPS 2
My report was in compliance with VPS 3
I identified the basis of value and any special assumptions as per VPS 4
I used the comparable and investment method as per VPS 5
I complied with VPGA 2 in terms of secured lending disclosures and reporting.

35
Q

In Partridge Green, talk me through your advice relating to the future performance of this asset to the lender?

A

Despite the uncertainty within the market at the time e.g. cost of living I suggested that with continued maintenance and repair at the property, the Market Value could be maximised.

36
Q

What are types of sensitivity analysis?

A

Simple sensitivity analysis - changes of key variables such as yield, build costs and finance rate.
Scenario analysis - change scenarios for dev content/timing costs such as pashing the scheme or modifying the design.
Monte Carlo Simulation - Using probability theory and software such as ‘Crystal Ball’

37
Q

In Yateley, did you provide sensitivity analysis relating to the costs of works?

A

Yes, using my software programme I was able to report sensitivity analysis showing a 5% +/- variance in build costs and site value.

38
Q

In Yateley, why would you use sensitivity analysis?

A

I used sensitivity analysis as my assumptions on the build costs and contingency fees. As these assumptions are likely to change the analysis helps me understand how variance is likely to effect the final market value.