Commission denies CBA’s request not to publish evidence

From Australian Broker.

The royal banking commission has rejected CBA’s request not to disclose parts of evidence regarding the bank’s CreditCard Plus product.

The commission only agreed to keep confidential the name and policy number of the CBA consumer who made a complaint about the product.

In a note released last Friday, Commissioner Kenneth Hayne said CBA applied for a non-publication direction under s 6D(3) section of the Royal Commissions Act regarding parts of a draft statement to be given by a CBA employee about CreditCard Plus.

The evidence refers to CBA’s communications with ASIC regarding CreditCard Plus, an add-on insurance policy sold with credit cards, personal loans, home loans, and car loans. CBA said in its non-publication application that those communications should be treated as confidential.

ASIC announced in August 2017 that CBA would refund over 65,000 customers about $10m after selling them the consumer credit insurance product. The regulator said the product was unsuitable for those customers.

Details of the remediation program are among those CBA asked not to be published.

“General assertions are made that certain kinds of communication, such as, for example, communications between CBA and regulators, are confidential. Why the particular communications should be treated in this way is not explained,” said Hayne.

He added that arguments framed in such a way are “unhelpful and unpersuasive”.

“Absent ASIC joining in an application for a non-publication direction, I do not accept that a non-publication direction should be made in respect of any of those parts of the draft statement.”

Hayne said it was also necessary to bear in mind that CBA acknowledged in its first submission to the commission that the conduct concerned in the evidence fell short of community standards and expectations.

“CBA identified no damage to itself or any other person that would follow from publication of the material,” he said in closing.

In deciding to detail and publish its reasons for the decision, the commission seeks to provide “guidance” to others involved in its inquiry.

“The application made by CBA in respect of this witness statement does warrant a more elaborate statement of reasons and warrant publication of those reasons for the guidance of others who may seek a direction under s 6D(3),” said Hayne.

The royal commission is holding its first round of hearings from 13 to 23 March 2018 focusing on consumer lending.

Productivity Commission and Mortgage Brokers

From Australian Broker.

Productivity Commission chairman Peter Harris defended his agency’s criticism of broker commission in its report on competition in financial services, as he highlighted again the high cost of mortgage brokers.

Speaking at a Committee for the Economic Development of Australia event yesterday, Harris said more than $2.4bn is now paid annually for mortgage broker services.

The commission’s draft report released in early February says that based on ASIC’s findings, lenders pay brokers an upfront commission of $2,289 (0.62%) and a trail commission of $665 (0.18%) a year on an average new home loan of $369,000.

“Some in the broking industry want to know why there is suddenly attention being paid to commissions. The sum I just cited, as a large apparent addition to industry costs since the mid-90s, by itself suggests a public analysis of why it is so large might be in order.”

Harris said the amount becomes problematic when some parties suggest that consumers do not bear this burden as they do not pay commission costs.

“Which is a comment surely made for Twitter – since anyone with a slight amount of common sense knows that somewhere in any product purchase, it is only a customer or a shareholder who could be paying this charge, unless offsetting costs have been stripped out,” he said.

Harris also cast doubt on industry changes to broker remuneration structures. He said that despite announced changes to parts of commission payment schemes, broker commission remains far from aligned with consumer interests.

He zeroed in on trailing commissions – which he said are worth $1bn per annum – and questioned their relevance.

“The industry itself has said that trailing commissions are designed to reduce churn and manage customers on behalf of banks. Despite the hint to the contrary, we do actually understand quite well why it might be in a bank’s interest and a broker’s interest to jointly limit churn,” said Harris.

“But not the customer’s interest – who is most probably paying for the service.”

Harris said the Productivity Commission preferred that banks imposed on brokers the duty of ensuring they act in consumers’ best interests, “perhaps via contract”.

“But we have no power to recommend what banks do for themselves, so we have instead a draft report that proposes regulation,” he said.

The commission is moving into the public hearing stage this week, and will submit its final report on 1 July.

NAB Trims Loan To Income To 7x

From Australian Broker.

NAB has made a change to its home lending policy amid concerns over the rising household debt to income ratio and as APRA zeroes in on loan serviceability.

From Friday, 16 February, the loan to income ratio used in its home lending credit assessment has been changed from 8 to 7.

“Regulatory bodies have raised concerns about Australia’s household debt-to-income ratio, which has risen significantly over the past decade,” said NAB in a note to brokers.

It said it is committed to ensuring its customers can meet their home loan repayments now and into the future.

With the new change, loan applications with an LTI ratio of 7 or less will proceed as normal and will be subject to standard lending criteria, according to the note.

For an application with an LTI ratio of more than 7, the bank will automatically decline or refer it depending on the income structure, i.e. pay as you go or self-employed.

NAB said its serviceability calculator will be updated to reflect these changes.

The bank introduced an LTI ratio calculation for all home loan applications last year. It was also last year when it started declining interest-only loans for customers with high LTI ratios.

As Australian Broker reported in July 2017, the bank extended the use of LTI calculation to determine the credit decision outcome for all interest-only home loan applications.

NAB said then that tougher serviceability assessments for interest-only loans would help strengthen its lending policies.

The bank’s latest change to its credit policy comes after after ANZ and Westpac made changes to their assessment and approval of borrowers.

Westpac recently introduced strict tests of residential property borrowers’ current and future capacities to repay their loans, to identify scenarios that might affect their ability to service their debts.

From 26 February, brokers who make changes to a loan application that has been submitted to Westpac will have to resubmit it.

Similarly, ANZ added “a higher level of approval for some discretions” used in its home loan policy for assessing serviceability. It was also reported to be clipping the discretion of its frontline mortgage assessors.

Stricter assessment of borrowers’ ability to repay their loans will likely become the norm now that APRA is focusing on serviceability in its proposal that targets higher-risk residential mortgage lending.

The prudential regulator released a discussion paper on 14 February proposing changes to authorised deposit-taking institutions’ capital framework and addressing what it calls systemic concentration of ADI portfolios in residential mortgages.

Major banks toughen serviceability assessment

From Australian Broker.

ANZ and Westpac Group are said to have introduced confidential changes to their assessment and approval of borrowers.

The Australian Financial Review reported yesterday (15 February) that ANZ was clipping the discretion of its frontline mortgage assessors.

A spokesman for ANZ said the bank recently added “a higher level of approval for some discretions” used in its home loan policy for assessing serviceability.

The spokesman said the move was not a change to the bank’s credit policy or underwriting standards and that it applies to all housing loans, not just those originated through brokers.

Mortgage brokers claim banks seem to be showing less flexibility in interpreting guidelines on such matters as irregular income when assessing loan applications, said the AFR.

The report also said that Westpac recently introduced strict tests of residential property borrowers’ current and future capacities to repay their loans.

The change is said to be intended to identify scenarios that might affect borrowers’ capacity to pay back their loans. These scenarios include having dependents with special needs that might require borrowers to spend on long-term care and treatment.

Brokers who make any changes to a loan application that has been submitted have to alert the bank from 26 February, said the report.

Earlier this month, Westpac amended its borrowing terms, including allowing the use of desktop valuations only for a maximum LVR of 90%.

A Westpac spokesperson told Australian Broker that the bank has also updated its household expenditure measure in line with the benchmark published by the Melbourne Institute for Social and Economic Research.

This followed Westpac’s announcement in December that it would require home loan borrowers to disclose what they owe on short-term buy-now, pay-later loans on digital credit platforms like AfterPay and ZipPay. The move was part of the bank’s effort to bolster its assessment of borrowers’ loan serviceability.

Stricter assessment of borrowers’ ability to repay their loans will likely become the norm among lenders now that APRA is focusing on serviceability in its proposal that targets higher-risk residential mortgage lending.

The prudential regulator released a discussion paper on 14 February proposing changes to authorised deposit-taking institutions’ capital framework and addressing what it calls systemic concentration of ADI portfolios in residential mortgages.

Property developer joins lending fray

As the property market cools, some developers are getting into the lending game (and of course outside APRA supervision).  First Time Buyers are significant targets.

From Australian Broker.

Property developer Catapult Property Group has launched a new lending division that will help first home buyers get home loans with a deposit of only $5,000.

The Brisbane-based company encourages first home buyers in Queensland to enter the real estate market now by taking advantage of the state government’s $20,000 grant that is ending on 30 June 2018.

Catapult director for residential lending Paul Anderson said first home buyers do not require a 20% deposit plus fees to enter the property market.

“There are many banks that are happy to finance a purchase from as little as 5% deposit and in some cases even less than that,” he said. “When working with property specialists such as Catapult Property Group who have the builder, broker and financial advisors under the one roof, it’s possible to secure a loan with as little as $5,000.”

To get a home loan with a minimal deposit, the company requires that applicants have a full-time job with a stable employment history, a consistent rental payment record, and a clear credit score.

Borrowers may also need to get lenders’ mortgage insurance.

“Mortgage insurance on a $450,000 home purchase with a minimal deposit usually ranges from $7,000 to $14,000, which is added to your mortgage. This is a more realistic means of entering the property market than trying to save a potentially unattainable amount of around $100,000 for a deposit,” said Anderson.

The company says it has almost $130m of residential projects in Queensland and NSW.

Liberty Buys MoneyPlace

From Australian Broker.

Non-bank lender Liberty has acquired marketplace lender MoneyPlace in a push towards personal lending.

The move will see Liberty merging its existing personal loan product with that of MoneyPlace, which will remain an independent brand and continue to be managed by an entrepreneurial leadership team.

Liberty said there will be no impact or change to its existing personal loan customers.

Chief executive James Boyle said Liberty will help build on MoneyPlace’s recent initiative of launching its broker channel with aggregators.

“Brokers are very important to MoneyPlace and over the past six months the business has had tremendous success launching its broker channel with aggregators,” said Boyle.

MoneyPlace’s next phase of growth involves expanding its distribution nationally through accredited brokers.

“We’ll work with the MoneyPlace team to leverage the power and reach of the broader broker distribution network,” said Boyle.

MoneyPlace connects investors with creditworthy borrowers seeking unsecured personal loans between $5,000 and $45,000 for three to five year terms. Last year, Auswide took a controlling interest in it for a total of $14.0m. Australian Broker understands that Auswide has sold its stake in MoneyPlace into the deal with Liberty.

MoneyPlace chief executive, Stuart Stoyan, said the marketplace lender is well positioned to scale up and gain a meaningful share of Australia’s $100 billion consumer lending market.

“More borrowers view personal loans as a way to achieve their financial goals and brokers have an opportunity to engage consumers on their needs. A personal loan might be useful to replace a high interest credit card, cover the costs of a major life event or consolidate debt in order to be ‘mortgage ready’,” said Stoyan.

MoneyPlace’s proprietary technology uses 10,000 data points to give consumers a personalised interest rate. Once approved, the funds are available within 24 hours.

 

Westpac to Tighten Borrowing Terms

From Australian Broker.

Westpac will announce changes to its borrowing terms and conditions for local and foreign housing property buyers on partner visas next Monday, said a report.

The Australian Financial Review reported yesterday (30 January) that the changes will restrict appraisal of residential values, borrowers’ ability to repay, and eligible visas for housing loan applications.

The bank will tighten lending to holders of 309 and 820 partner visas, which allow the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. Borrowers on the partner visas will need an LVR of 80%, down from the current 90%.

On the other hand, the bank is relaxing its terms for borrowers relying on income from a second job. Instead of two years, borrowers need to have held a second job with the same employer for only one year, for their income to be acceptable. Borrowers and brokers are expected to welcome this, given the growing number of casual workers in Australia.

The report also said that Westpac is updating its household expenditure measure, which is used to assess borrowers’ ability to repay their loans. It did not specify what changes are being introduced.

Meanwhile, desktop valuations – which are based on computerised or photographic evidence – will be used only for a maximum LVR of 90%.

Greg Cook, senior credit advisor at mortgage brokerage firm Loan Market, welcomed these changes, saying that the banks are working to ensure that they have good credit policies in place for borrowers, in case there is a downturn.

“The more the banks look at their lending practices, the stronger our industry is. The more that they change their policies on a regular basis, the more valuable the mortgage broker is,” he said.

The new changes follow Westpac’s announcement last month that it would require home loan borrowers to disclose what they owe on short-term buy-now, pay-later loans on digital credit platforms like AfterPay and ZipPay. The move was part of the bank’s effort to bolster its assessment of borrowers’ loan serviceability.

The bank said then that borrowers with such loans have liabilities that must be captured in the loan application, along with the monthly repayment.

More lenders to change their commission models

From Australian Broker.

Other lenders are expected to amend their remuneration structures following ANZ’s changes to its upfront commission model, with major banks to lead the way.

ANZ will pay brokers an upfront commission of 62.5 basis points effective 1 February 2018, up from the current 57.5 basis points.

Under the new structure, ANZ will no longer give brokers volume-based incentives, following the Combined Industry Forum’s proposal to stop the payment of volume-based bonus commissions and campaign-based commissions in response to the ASIC and Sedgwick reviews.

ANZ’s trail commission structure remains the same.

While ANZ is ahead of the curve, other lenders are likely also re-examining their own broker remuneration models in the wake of the CIF reforms.

“It’s indicative of what’s going to happen – the pressure as a result of the ASIC inquiry to remove soft benefits and incentives, particularly volume-based incentives,” said Martin North, principal at Digital Finance Analytics.

He believes the change in ANZ’s upfront commission model is a good move because it streamlines the structure and makes it clearer.

“The problem with volume incentives and soft benefits is that they raise complexity and confusion in the minds of potential consumers, on whether they are getting the best advice they could get and whether the advice is in some way being influenced by financial incentives. Anything that can be done to remove that ambiguity is a good thing,” he said.

While some brokers believe it is still too early to tell how further changes to broker commission will affect their business, they welcome such changes if they will help improve customer experience.

“Ultimately, if the reforms help deliver better customer outcomes, then that is a good thing,” said John Flavell, CEO of Mortgage Choice.

David Meadows, client services manager at Astute Financial, said further regulatory reviews and changes to remuneration structures will affect profitability, but that such changes are not entirely bad. “Increased regulatory reviews are happening across the financial services industry,” he said. “We are not the only ones going through them.”

For now, ANZ’s tweaking of its commission system is not believed to be a disincentive for brokers. It in fact represents a slight increase in broker commission, said North.

“My understanding is that not very many brokers would have gotten the higher commission previously because it was volume-incentivised.”

Preparing Borrowers for the Unknown

From Australian Broker.

Will the current standard serviceability buffer be enough to protect borrowers, or is a domino effect of defaults on the horizon?

Industry regulator APRA tightened lending criteria earlier this year and increased its scrutiny of banks’ lending practices – but with the cash rate likely to rise in the not-so-far-off future, some industry figures are now wondering if the restrictions fall short of what is actually needed to prevent borrowers from defaulting on their home loans.

In March, when the new lending caps were introduced, APRA reiterated the importance of the interest rate buffer, which it had earlier recommended be set at at least two percentage points. The regulator said “a prudent ADI would use a buffer comfortably above this”, but it set no further limits.

Harald Scheule, associate professor of finance at Sydney’s University of Technology, is among those questioning the efficacy of APRA’s buffer.

“I do not think that a 2% buffer is sufficient, as interest rate changes are likely to be greater in the medium term,” Scheule tells Australian Broker. “APRA has acknowledged this by making clear that 2% is only the bare minimum.”

Scheule is an expert in risk management and has undertaken consulting work for a wide range of financial institutions in Asia, Australia, Europe and North America. He says if the cash rate rises, as suggested by the RBA, it’s inevitable that some mortgage holders will be unable to meet their repayments.

“Rising interest rates will impact borrowers with limited free cash flow. This may include leveraged interest-only borrowers and borrowers that have recently purchased a property,” he warns. “Mortgage delinquency rates will increase.”

A recent survey by home loan lender ME asked 2,000 mortgage holders about potential interest rate rises and found the issue was causing major concern among homeowners.

“Rising interest rates will impact borrowers with limited free cash flow … [including] leveraged interest-only borrowers and borrowers who recently purchased a property” – Harald Scheule, UTS

More than half (56%) said that if the RBA were to raise the official cash rate by 1% from its current record low of 1.5%, it would have an “adverse impact”, with 43% indicating they would spend less, and 27% of investors saying they would sell their investment property.

“The prospect of rate rises is probably already impacting consumer sentiment, with 62% of borrowers expecting their lender to increase interest rates on their home loan in the next 12 months,” the survey said.

If a future rate rise does lead to increased mortgage delinquency, Scheule says banks are likely to tighten lending standards even further and drop the loan amounts offered to applicants. That combination could further constrain interest-only borrowers seeking to refinance at the end of their interest-only terms.

“This means more mortgage stress, as many had expected to roll over the interest-only period indefinitely, but now they are forced to make principal repayments next to interest payments,” Scheule says.

As loan supply is increasingly restricted alongside rising delinquency rates, housing prices will begin to tumble, and Scheule says Australia will be well on its way to a burst housing bubble.

“The cycle between delinquencies and tightening bank lending standards continues, and as a result there’s a noticeable drop in loan supply and a fall in house prices,” he explains.

When asked if banks and brokers are doing enough to protect borrowers, Scheule admits it’s a difficult question to answer but says the best thing brokers can do is provide balanced advice and education to their clients.

“High professional standards for both banks and brokers are critical to the resilience of our financial system,” he says. “This includes consumer awareness of risks. The impact of payment shocks via interest rate increases or loss of employment should be discussed.”

Tony MacRae, general manager of third party distribution at Westpac, agrees that high professional standards are a necessity in any market but says the situation isn’t as bleak as it’s sometimes portrayed.

“The number of our customers in arrears on their loans is at historically low levels, and we don’t expect this to increase in the short or medium term,” he says.

MacRae says Westpac remains conservative in its lending and has long included a range of protectionary measures in its processes, such as the addition of buffers and floor rates to account for possible future interest rate increases.

“Our credit policies are informed by our deep experience and understanding of the mortgage market,” he says.

“They include consideration of customers’ specific circumstances, including income and expenditure, previous repayments history and the overall customer relationship.”

MacRae also says the bank has employed a range of measures to help it meet APRA’s benchmark of 30% for new interest-only lending, including adjusting its interest rates and lending policies.

However, what MacRae says Westpac has seen is an increase in the number of customers taking out or switching to principal and interest repayments – something Canberra broker Stephanie Duncan, of Tiffen & Co, has also noticed.

According to Duncan, who has been recognised as one of the most successful female brokers in Australia, the trend suggests clients are fully aware that the interest rates are likely to rise, and they understand the impact this will have on their financial situation.

“The increase in repayments to mortgage holders if rates are to rise is somewhat expected by consumers. It is not going to come as a surprise that rates will be increasing in the short to medium term,” she says.

“Most of my clients are opting for P&I repayments so as to take advantage of the record lows in anticipation of better preparing themselves for the future rates rises,” she adds.

Duncan agrees that the banks are being incredibly cautious with lending in the current climate, which is helping to offset much of the risk that mortgage holders could potentially face.

“There have certainly been some fairly significant changes to policy that have reduced overall lending amounts and, in turn, the risk to consumers,” she says.

However, Duncan says there are some significantly more pressing problems that the industry should be dealing with.

“My biggest issue is not the tightening of policy and reduced lending capacities but the inconsistency of assessment and discrepancies between credit assessors,” she continues.

“With so many changes in such a short space of time, I feel the education on credit is lacking. This results in multiple touches to a file, and when there is no ownership of a file and it is being touched by different assessors this can result in a very slow and frustrating approval process.”

Duncan also suggested that clients are more likely to be adversely impacted by lenders’ mortgage insurance rather than increasing interest rates.

“In my experience there has been an increase in family guarantee lending and gifts from family becoming a new norm for most young people borrowing these days due to the high cost of living,” she says.

Based on this, Duncan says the bigger issue for clients is raising a large enough deposit to avoid LMI when entering the market, rather than the problem of having enough regular income to service the loan.

Westpac Tightens Serviceability Requirements Again

From Australian Broker.

Consumers who use digital credit platforms like AfterPay and ZipPay will now have to disclose what they owe on these transactions if they apply for a home loan through Westpac.

Westpac announced in a broker note on 11 December that it would require borrowers to disclose these short-term buy-now, pay-later loans so the bank could better assess borrowers’ loan serviceability.

AfterPay and ZipPay allow customers to make and immediately receive goods and services purchased at a retail store or online without having to pay for it upfront. The digital credit companies pay on the customer’s behalf. The customer then has to make repayments, usually in installments over a short period of time with fees and charges incurred if they fail to do so.

“In the scenario above, the customer has created a liability which must be captured in the loan application along with the monthly repayment,” the Westpac note said.

“Where evidence is held to confirm the liability will be cleared in full before settlement or drawdown, a $1 repayment is acceptable to be entered against the liability.”

The bank said it expects detailed comments to be included in the application with evidence confirming the amount owing and the required repayments.

Banks are starting to zero in on borrowers’ spending habits and expenses, going above and beyond just looking into their credit and debit card charges.

In September, ANZ and CBA added extra checks to their application processes. ANZ’s updated customer questionnaire prompts brokers to ask prospective borrowers about their Netflix and Spotify subscriptions and whether they’re planning to start a family. CBA introduced a simulator to show interest-only borrowers how their repayments would change and affect their lifestyle. Customers wanting to proceed have to fill in an acknowledgement form.