THE
MISSION OF AMERICAN FINANCE HOUSE – LARIBA - IS TO USE OUR
BEST EFFORTS TO PROVIDE “LaRiba” FINANCING ALTERNATIVE TO
THE CONVENTIONAL “Riba” SYSTEM. THE “LARIBA” FINANCING OFFERED
IS DESIGNED TO COMPLY WITH BOTH THE ISLAMIC SHARIAA AND THE
STRICT UNITED STATES GOVERNMENT LAWS AND REGULATIONS. Please
Click Here for fatwa-based procedure.
CHANGING THE LAWS OF THE UNITED STATES IS CERTAINLY
NOT PART OF OUR MISSION. |
THE LARIBA MODEL
Our home financing model is based on the concept of
“Declining Participation in Usufruct” (DPU) (Declining
Musharaka). This is done as the basis for calculating the
monthly payment and marking the value of the property to the
market using actual market rental values of similar properties
in the same neighborhood. The uniqueness of the LARIBA model
is that we DO NOT RENT MONEY. Instead, we approach
each transaction as an investment. The market rental
value of the property financed determines attractiveness as an
investment. If the house is overpriced, the model will flag
this fact to the homebuyer in order to go back to renegotiate
a lower price or to wait until an existing market “bubble” is
burst.
It
is important to note that each property like a car, a home, a
commercial building has two rights of ownership. The first is
the ownership of title to the property called “Milkul Raqabah” (the
ownership of the neck). The other right is the right to use
the property (Haqul Manfa’aa – the usufruct). For
example one can own a car or a house but he or she can rent
out the right to use the car or the house by leasing
it.
1.
LARIBA
conceptually purchases the property jointly with the client.
LARIBA would authorize the client to act as its agent
(wakeel) to select, negotiate the price of, and
purchase the Property.
2.
LARIBA
authorizes the client to undertake the purchase of the
property from the vendor and record the title (register it)
directly into his or her name. Client becomes the owner of
title to the house or owner of Milkul
Raqabah.
LARIBA retains its share of the usufruct -
Haqul
Manfa’aa.
3.
Out
of their own free will, the client offers to buy and LARIBA
accepts to sell its share/units immediately at the same price.
The value of the sale is paid in monthly installments over a
period of time up to 30 years without adding any interest. The
monthly payment is called REPAYMENT OF CAPITAL (“RofC”
– pronounced rofsee).
4.
LARIBA
and Client agree to perfect a lien
(implied co-ownership) on the property in favor of LARIBA.
LARIBA agrees with the client to share in the income realized
from the use of the house based on the actual rental value as
measured in the market. With this lien, the client and LARIBA
share the income from the lease of the property
proportionately between them. This income is
called Return on Capital “RonC” -pronounced
“ronsee”.
As
the client pays back his or her “Riba Free Loan - dayn”, this
progressively reduces LARIBA’s share
in the usufruct
(Haqul Manfa’aa) as well as
increases the client’s share gradually to reach 100% at the
end of the Financing Period.
5.
In
order to make sure that money is not rented at the interest
rate of the day which is RIBA, we research the actual market
fair rental value of the property in its geographic location.
The client and LARIBA officer – each – research the market to
find how much a similar property leases for in the same market
of the property to be financed and present three documented
estimates each (a total of six estimates). Sources of rental
value estimates include leasing agents, real estate brokers,
News paper advertisements and online resources. The goal is to obtain
the rental value, per square foot based on similar properties.
The client and LARIBA compare their findings and agree on a
rental value to be used in our proprietary
model.
6.
The
monthly payment paid by the client over the financing period
of up to 30 years consists of a portion of the unpaid Riba
Free loan (dayn) - RofC and an amount equal to LARIBA’s
proportional share of the agreed upon rental value – RonC. Our
proprietary model does the arithmetic using the proprietary
Riba Free algorithm.
7.
The
LARIBA Computer Model inputs are: the property value, amount
to be financed, the number of years to pay back and the
monthly rental value obtained from the market. The unknown
here is the Rate of Return on Investment – ROI. This contrasts
with riba-based banks where they use an interest (riba)-based
amortization computer program. They input: the amount to be
financed, the number of years to pay back and the rent of
money (interest) and the unknown is the monthly
payment.
8.
The
LARIBA Model analyzes the rate of Return on Investment in the
property. There are three possible outcomes from this analysis
of the level of the ROI. These
are:
a.
If
the ROI is higher than the return expected by our investors.
LARIBA decides to finance and reduces the rent in order to
make the monthly payment compete with Riba-based banks.
b.
If
the ROI is much lower than what our investors are expecting
(say 2% while the competing investments yield 6%), LARIBA
declines the investment and the financing is denied. This has
been the main reason for LARIBA to raise the red flag for many
of our customers in Arizona, Florida, Massachusetts, Nevada,
Washington DC and parts of California. We have saved many of
our applicants from participating in the 2008 real estate
bubble.
c.
If
the ROI is marginally lower than the expected return by our
investors (say 5% and our investors expect 6%), LARIBA advises
the client to renegotiate the price lower. We have done that a
few times.
9.
Upon full Repayment of Capital, LARIBA will release its
lien back to the Client thus signaling the end of the
transaction.
10.
In
order to protect our clients in case of adverse situations
against the possibility of excessive legal fees, unusual
language in the contracts that make them irregular and
difficult to pursue legally, and the putting of name of
company on title with client, LARIBA uses standard industry
and regulatory sanctioned contracts and uses a rider called
the LARIBA Agreement which describes the process followed
above and the rental value used as the basis for the payment
calculations.