The Council of Ministers approved the Credit Purchasers Act, which transposes the European Directive on the same subject and amends the Consumer Credit Contracts Act and the Real Estate Credit Contracts Act. The aim is to regulate the market for the purchase and sale of non-performing loans and to introduce certain obligations for mortgage and consumer credit borrowers.

Specifically, the bill regulates the purchase and sale of non-performing loans (NPL) granted by credit institutions and financial credit institutions, establishing common rules with the rest of the European Union.

The next step, once approved by the government, will be to send it to the Congress of Deputies for parliamentary processing.

Firstly, it regulates the activity of doubtful credit management, which consists of the collection or renegotiation of this type of credit, which becomes a reserved activity and requires prior authorisation from the Bank of Spain. In order to obtain this authorisation, the law establishes the need to have an “adequate” internal credit management system and a policy that “guarantees the protection and fair treatment of borrowers”.

It also regulates the purchase and sale of NPL, ensuring that the conditions and rights of borrowers are maintained and transferring to the purchaser of the loans the obligations of transparency, protection and information, including compliance with the codes of good practice to which the original creditor has subscribed.

The draft regulation sets out additional safeguards for the protection of borrowers, requiring both purchasers and servicers to provide “fair treatment and adequate information”, as well as an “adequate” borrower assistance and out-of-court redress service.

In order to ensure compliance with these obligations, the Banco de España will supervise the administrators, as well as the compliance of credit purchasers with these obligations, and will establish the corresponding system of infringements and sanctions.

Real estate and consumer credit

The sectoral regulations on consumer credit and real estate credit will also be amended to introduce the obligation for creditors to have a debt renegotiation policy. This means that creditors will have to offer their customers measures aimed at reaching renegotiation agreements before taking legal action or demanding full payment of the debt.

The regulation establishes special conditions for non-mortgage debtors in a situation of economic vulnerability who are recipients of the minimum subsistence income. In these cases, the lender who sells the doubtful loan to a third party must offer the borrower a payment plan in order to “protect the most indebted groups without undermining the payment culture”.

The Consumer Credit Law also introduces a limit on the amount of default interest that can be charged in the event of non-payment by the consumer, setting it at a maximum of the sum of ordinary interest plus three percentage points.

In addition, charges for the recovery of overdue amounts must be in line with the costs actually borne by the creditor and, in any event, after prior notification to the consumer, indicating the outstanding amount, the time available to settle the situation and the amount to be paid if the situation is not settled.

The cases of modification of the interest rate in contracts of indefinite duration (as in the case of revolving cards) are defined, allowing the customer not to accept the increases or to cancel the contract, in which case the customer may repay the outstanding debt in accordance with the repayment conditions and the interest rate in force at the time of the notification, at no additional cost to the borrower.

Finally, it clarifies the conditions of compensation for early repayment in the case of financing linked to the purchase of goods or services.

Original Story: MSN News Author: Europa Press
Edition and translation: Prime Yield

Cajamar has completed a new sale of a an NPL portfolio. The company has placed the EUR 17.5 million Atenea II portfolio with specialists Goriz Advisor and Gannet. According to market sources, the portfolio consists of 200 NPL (non-performing loans) with mortgage guarantees.

The bank, like most banks, has been removing non-performing assets from its balance sheet for years in favour of funds and specialist investors in order to improve its risk profile. Until last year, it also had an agreement with Haya Real Estate, the servicer acquired by Intrum, for the management of its assets, but when it expired it decided not to renew it in order to deal directly and internally with its own resources.

Original Story: El Economista | Author: Eva Contreras
Edition and Translation: Prime Yield

Santander continues to reduce its exposure to non-performing assets. According to market sources, the bank has sold a EUR 90 million portfolio of secured non-performing loans (NPL) to KKR as part of the Project Rock transaction.

This is not the first time it has placed assets with the fund. In 2023, KKR acquired a portfolio of nearly €200 million of foreclosed real estate (REO) that the Cantabrian bank had put on the market in the so-called Frankel transaction.

The bank has remained in the market as one of the most active and recurrent operators in this type of sale, closing deals with investors such as Fortress, PRA Iberia, Cerberus and Axactor, among others.

In recent months, it has completed the sale of around EUR 330 million in unsecured loans and other secured financing operations in the Swing project; the sale to Fortress of the Churchill portfolio, with a gross nominal value of EUR 200 million; and the sale to Balbec Capital of the Newman portfolio, which in its case consisted of real estate assets, secured loans and a portfolio of unsecured loans from its subsidiary Santander Consumer Finance.

Original Story: El Economista Author: Eva Contreras
Edition and translation: Prime Yield

Unicaja has completed another sale of non-performing assets. The bank has agreed to transfer a real estate exposure (REO) of around €100 million to GCBE Advanced Solutions, a Cerberus servicer, and the Luxembourg-based SRPO Fund. This is the Ulysses portfolio, which according to market sources consists mainly of residential assets with some commercial property.

The figure represents approximately 9.7% of the total volume of foreclosed assets (REOs) held by the institution on its balance sheet. This exposure stood at €1.030 billion gross at the end of September, down 35.5% from €1.597 billion twelve months earlier.

The Bank’s total exposure to non-performing assets amounted to €2.379 billion, as it includes a further €1.348 billion gross in doubtful loans, the balance of which fell by 22.4% year-on-year in September, contributing to a parallel fall in the NPL ratio from 3.4% to 2.8%.

9.7% of ‘brick’ loans

Unicaja, like most banks, has repeatedly resorted to these divestments in order to improve the quality of its balance sheet and transfer the management of non-performing assets to specialised companies.

Since 2015, it has divested more than €3.6 billion in portfolio sales of all types of problem assets. Between January and September last year alone, it made similar sales worth €267 million and realised €8.5 million in capital gains, thanks to the high provisions on such assets, according to its latest financial report.

Of this year’s sales, 43% were residential properties, 27% were land and 30% were tertiary assets and work in progress. These figures do not include the transaction formalised in December with GCBE and SRPO Fund (Spanish Residential Property Opportunities Fund).

At the beginning of the year, the Bank sold €200 million of property assets in the Minotauro project to the Luxembourg Telesto fund and the French Tikehau Capital fund. With Cerberus, it has completed various operations such as the Centauro project, a portfolio of 100 million in real estate assets agreed in 2023, after transferring a similar portfolio for 200 million to the fund and Deutsche Bank in 2022, or another portfolio of 1,000 million in bricks and NPL acquired by Cerberus with the Davidson Kempner fund in 2019.

Unicaja has accelerated the disposal of toxic assets after a strong provisioning effort, and today its NPL are well below 3.4% of the banking sector as a whole. It has a provisioning buffer that covers 69.8% of the total portfolio of non-performing assets, up from 66.2% in September 2023.

Both investors are consolidating their positions. GCBE Advanced Solutions is emerging as one of the major servicers, with more than €25 billion in assets under management, after completing several transactions last year, including the purchase of Zolva’s Spanish and Portuguese business and the acquisition of Hoist’s NPL macro portfolio, in the latter case together with Intrum.

Original Story: El Economista | Author: Eva Contreras
Edition and translation: Prime Yield

Abanca is removing new non-performing assets from its balance sheet. The bank will transfer around €140 million in two separate operations, including healthy loans that have suffered some incidence in the last year and other financing with defaults. On the one hand, the bank has sold €60 million in refinanced and restructured mortgages (reperforming in the jargon) to the American fund Balbec Capital. In Spain, the transaction is a continuation of the Xallas project, in which it transferred to the same fund a portfolio of similar assets with a total gross nominal value of almost €80 million.

In Portugal, it is also finalising the transfer of a further €78 million of unsecured NPL to Servdebt Capital Asset Management, an Iberian asset management and recovery company. This is the so-called Gaia project or operation.

Some twenty disposals

So far this year, the Bank has also completed the placement of a €60 million portfolio of unsecured NPL to Poland’s Kruk, in the Ezaro portfolio. In recent years it has completed around 20 similar sales to KKR, EOS Spain and the US fund CarVal Investors, among others.

Abanca has been particularly active in the reperforming credit segment, completing five transactions in just four years. This is an asset class that is becoming increasingly important in a market dominated by unsecured NPL, now that banks have moved on from the massive real estate outflow.

The portfolio transferred to Balbec comprises outstanding mortgages with private individuals secured on residential properties throughout Spain. It has been structured for sale by securitisation, with the bank retaining the management of the ‘healthy’ loans and transferring them to a servicer when they become non-performing.

The segregation of non-performing assets and their subsequent sale is part of the routine management of institutions to improve the quality of the balance sheet and to transfer debt collection to specialised companies, thus freeing up their teams from these functions.

In the case of Abanca, the clean-up of the balance sheet has gone hand in hand with the integration of other banks during its acquisition spree. The latest was Eurobic, which was completed last July. But since Banesco entered Spain in 2012 with the purchase of Banco Etcheverría and the acquisition of Novagalicia Banco (now Abanca), the group has added Popular Servicios Financieros, Deutsche Bank’s Portuguese operations, the Spanish operations of Caixa Geral de Depósitos and Novo Banco, Bankoa and Targobank.

At the end of September, its NPL ratio was limited to 2.6%, at 1,312 million, with provisions of 1,024.9 million and 78.1% of impaired assets. If Targobank and Eurobic are excluded, the ratio is even lower at 2.3%.

Its exposure to foreclosed assets is also very limited, at 433.13 million at the end of September, barely 0.2% of the group’s balance sheet and backed by provisions covering 63.3% of the risk.

Original Story: El Economista | Author: Eva Contreras
Edition and translation: Prime Yield

The Bank of Spain has confirmed that non-performing loans (NPLs) fell by €291 million in a single month, bringing the total to €40.163 billion.

The NPL ratio of Spanish banks continued to fall in October to 3.41%, two tenths less than in September and almost two points lower than a year ago, when it stood at 3.60%, the lowest level since the end of 2008. In total, the volume of doubtful loans reached 40.163 billion euros, 291 million euros less than the previous month and a reduction of 2.226 billion compared with October 2023, according to provisional data published by the Bank of Spain.

The main reason for this decline is the renewed fall in NPLs – the aforementioned 291 million – which allowed the NPL ratio to fall despite the credit portfolio falling to 1.177 billion euros, compared with 1.179 billion euros at the end of September. However, the loan book increased by €1 billion year-on-year.

The supervisor also published the aggregate NPLs of banks, savings banks and cooperatives (rural banks) on the one hand and consumer finance companies on the other. The NPL ratio of banks, savings banks and cooperatives fell from 3.32% in September to 3.30% in October, also the lowest rate since December 2008, after the NPL balance fell by 309 million to 37.111 billion euros.

October’s NPL ratio of 3.30% is also lower than the 3.48% of the same month in 2008, after the NPL balance fell by €2.127 billion since then.

Financial institutions saw their NPL ratio rise to 6.68% in October, some 20 basis points higher than in September. Compared with October 2023, however, it fell by 25 basis points. In absolute terms, the volume of doubtful loans of this type of institution stood at EUR 2.880 billion at the end of October, 19 million more than in September. Compared with the same month of the previous year, the doubtful balance was 94 million euro lower.

Original Story: La Razón | Author: Javier de Antonio
Edition and translation: Prime Yield

Alternative asset manager Balbec Capital LP has hired Goldman Sachs Group Inc. to issue its first Spanish securitizations totaling about €800 million by bundling loans it bought in the country over the past few years, according to people with knowledge of the matter.

The US fund has bought up performing loan portfolios from Spanish banks over the last three years and now is seeking to finance them in the bond market, according to the people, who asked not to be named because the process is private. Balbec would seek to repackage the mortgage loans it purchased into securities of varying risk and size, they said. 

Some of the loans Balbec has bought in recent years came from banks such as Banco Sabadell SA and private equity firm Lone Star Funds, the people added, noting not all loans it purchased will make it into the residential mortgage-backed securities. The fund is looking to tap the market twice with a pair of RMBS transactions, each one for about €400 million, some of the people said.

Talks are continuing and details of the deals, including size, may change, people said. Balbec is likely to come to market in 2025, the people said, noting the deals will likely be split between the first and the second quarters.

The transaction comes as Europe’s asset-backed securities market sees renewed interest, with the European Investment Bank preparing to pump in more money once long-awaited reforms take hold. At the same time, the European Commission has sounded out the industry about a range of measures to make it easier for banks to offload loans to third-party investors. 

European Securitization

The market for securitization in Europe has almost halved since its peak of approximately €2 trillion during the 2008-2009 financial crisis, declining to €1.2 trillion at the end of 2023, according to a Commission document. That’s just a fraction of the size of the US market, which hit €13.7 trillion in 2021. 

Balbec has tapped the European market before, having issued an Irish RMBS backed by almost €700 million of non-performing mortgage loans in the country, according to a 2022 S&P Global Ratings report. In the US, the fund has been very active this year, with its latest RMBS transaction pricing in late November. Balbec has issued about 20 residential mortgage deals in 2024, according to data compiled by Bloomberg.

Spanish banks have been busy selling re-performing loans in recent years. These credits are usually included in the so-called Stage 2 European Central Bank classification, which means lenders must keep higher provisions for them. CaixaBank SA is in talks to sell a €500 million portfolio of these kinds of loans to Morgan Stanley and AB Carval Investors LP, Bloomberg reported.

Balbec manages more than $7 billion and has been active in the Spanish and Portuguese markets. Earlier this year, it bought a portfolio worth over €4 billion of soured Portuguese loans from Luxembourg-based LX Partners. And in 2023, Balbec secured roughly $465 million in commitments for its sixth flagship fund, which plans to invest in consumer, residential and commercial loan portfolios.

Original Story: Bloomberg | Author: Jorge Zuloaga and Carmen Arroyo
Edition: Prime Yield

Santander has once again entered into an agreement with the Fortress Investment Group to divest itself of non-performing assets (NPL). The bank has placed around €330 million of unsecured loans and other financing operations with collateral in the so-called Swing project, according to market sources. The bank declined to comment.

This is the second transaction it has closed with Fortress in just a few months. At the beginning of the year it awarded the Churchill portfolio, with a gross nominal value of €200 million, while transferring the Newman portfolio to Balbec Capital, which in turn comprises real estate assets, secured loans and a portfolio of unsecured loans from Santander Consumer Finance.

With the Swing transaction now closed, Santander has disposed of more than €2,500 million of non-performing loans in gross volume in just over a year. The Bank also reorganised its contracts and positions with various servicers.

Original Story: Cinco Dias |Author: Eva Contreras
Edition and translation: Prime Yield