No more volume-based bonuses for mortgage brokers

The ABA says that Australia’s mortgage broking industry has ended the use of volume-based bonus commissions, campaign-based commissions, and other volume-based bonus payments. This is one of the main findings of an interim report prepared by the Combined Industry Forum.

In making these changes, the industry has responded to concerns that the previous structure of incentives risked customers being encouraged to borrow more than they need.

The move follows findings of ASIC’s Review of Mortgage Broker Remuneration and the Australian Banking Association’s Sedgwick Review which identified there was a risk with volume-based incentives.

Volume-based incentives in residential mortgage lending were also identified during the Royal Commission as not meeting community standards and not delivering the best results for customers.

The Combined Industry Forum has been working with the industry since May 2017 to facilitate progress of the adoption of ASIC’s recommendations.

“The work of the Combined Industry Forum shows how the industry is committed to reform and to raise the bar in support of good customer outcomes,” Chair of the Forum, Anthony Waldron, said.

“Mortgage brokers enable greater access and affordability for all consumers to lending, and these changes are a positive step towards setting new standards and shaping the future of the broking industry.”

CEO of the Australian Banking Association, Anna Bligh, said the interim report outlined important changes which would help refocus the industry on producing strong outcomes for its customers.

“The ASIC Review, the Sedgwick Review, the Productivity Commission and the Royal Commission have all shown us that the industry has a problem with these types of payments that may encourage customers to borrow more than they need,” Ms Bligh said.

“These types of payments present a risk that brokers will place customers with lenders for the wrong reasons.

“By addressing these types of incentives, the industry has acknowledged their failings and taken responsibility to fix the problems to ensure Australian customers are receiving high quality advice,” she said.

Mortgage and Finance Association of Australia CEO, Mike Felton, said he was pleased with the progress made by the industry as outlined in the interim report, noting that the industry has taken decisive action on this key issue and other recommendations raised by ASIC and the Sedgwick review.

“I am particularly pleased with the progress made this year. This move gives consumers continued confidence that recommendations from brokers are not biased towards a particular lender,” Mr Felton said.

“The abolishment of volume-based bonus commissions by members is a significant milestone for the industry. I look forward to continuing our work with industry and consumer groups as we implement additional reforms in response to ASIC’s Report,” he said.

Finance Brokers Association of Australia Limited (FBAA) Executive Director Peter White said the change was a fantastic outcome.

“Moving away from campaign based incentives and other volume-based bonus payments is an important step in addressing community concerns about remuneration practices in the mortgage broking industry,” Mr White said.

“Scrapping these bonuses that encouraged a focus on sales is an important step for the industry and demonstrates its commitment to change while also maintaining healthy competition.

“Each member of the Combined Industry Forum is committed to driving change and to ultimately rebuilding trust with our customers,” he said.

The industry has begun overhauling agreements between providers and brokers to remove discount or ‘free aggregation’ for specific loans. This will substantially reduce incentives for brokers to sell loans from one particular provider. This work will be completed by the end of the year.

These changes are part of a package of reforms recommended by the Forum at the end of last year, which includes further changes to the standard commission model, a new regime for controlling and disclosing non-monetary benefits, and improved public reporting and disclosure requirements.

As part of the commitment made by the Forum, Treasury and ASIC have been briefed on the interim report.

Broker Commission Changes In The Wind

From The Adviser.

ANZ and AMP Bank have announced new changes to their commission structure, with ANZ’s changes effective starting 1 December while AMP’s update effective starting 5 January 2018.

ANZ stated that it will replace the Base Rate with a Consumer Customer Rate, which will be notified to brokers on a monthly basis. Under asset finance loans, the Consumer Customer Rate will be the maximum annual rate charged to customers.

Brokers will be entitled to discount the Consumer Customer Rate at their discretion by up to 200 basis points; however, the asset finance commission (AFC) will be cut in proportion to the discount offered to customers, and no commission will be paid to brokers if the discount exceeds 200 basis points.

ANZ has also decided to split the customer Other Goods into two categories: Other Goods Category 1 or OG1 (e.g., caravans, trailers and marine) and Other Goods Category 2 or OG2 (e.g., motorcycles, jet skis).

All consumer transactions must also be submitted on the consumer pricing Source of Business (SOB).

Meanwhile, AMP Bank will be changing the way it pays commissions for loans that are internally refinanced.

Changes will be processed as new loans for loans that are restructured or refinanced by existing customers, which means that broker commissions will be based on the net difference of the new and outgoing loan, rather than only being based on the new loan limit.

Further, AMP Bank’s changes mean that no commissions will be paid to brokers if the new internally refinanced loan limit is less than the original loan being financed. Standard clawback rules will remain unchanged and continue to apply to the original loan.

Former mortgage broker admits home loan fraud

According to ASIC, Ms Emma Feduniw (also known as Emma Khalil) of Brisbane, Queensland, a former mortgage broker with AHL Investments Pty Ltd (trading as Aussie), has admitted through her solicitor to eight charges brought by ASIC. The charges related to the falsification of employment documents to secure approvals for home loans, submitted to Westpac.

ASIC’s investigation found that between March 2013 and February 2014, Ms Feduniw submitted eight loan applications, totalling $2,720,400, containing false borrower employment letters. Of the eight loan applications, five were approved and disbursed, totalling $1,608,400. Ms Feduniw received commission on those five loans of $6,847.53.

The eight loan applications ranged in value from $250,000 to $480,000.

Ms Feduniw appeared before Beenleigh’s Magistrates Court and through her solicitor admitted to providing documents knowing they were false or misleading.

ASIC Deputy Chairman Peter Kell said, ‘The credit laws are designed to ensure borrowers do not take out loans they cannot afford. Actions by mortgage brokers to circumvent the laws, for their own financial benefit, erode trust and confidence in the mortgage broking industry and will not be tolerated’.

Ms Feduniw next appears in court on 3 June 2016 for sentencing.

The Commonwealth Director of Public Prosecutions (CDPP) is prosecuting the matter.

Background

Ms Feduniw was authorised to provide credit services as a credit representative to consumers from 1 July 2010 to 4 April 2014, when Aussie terminated her authorisation.

Ms Feduniw received her commission through Miga Loans Pty Ltd (ACN 106 962 467) a company controlled and owned by her.

Ms Feduniw was charged by ASIC under section 160D of the National Consumer Credit Protection Act 2009 whilst she was engaging in credit activity on behalf of Aussie. Section 160D makes it an offence for a person engaging in credit activities to give false or misleading information or documents to another person. She appeared in Court and pleaded guilty to the charges on 1 April 2016.

Ms Feduniw faces a maximum penalty of two years imprisonment or a fine, for each charge.

Brokers key to success for new market in 2016

From Australian Broker.

Mortgage refinancing will drive the market in 2016, according to a new report, and brokers are in the prime position to capitalise.

According to the J.P. Morgan Australian Mortgage Industry Report (Vol 22), produced in collaboration with Digital Finance Analytics, there has been a noticeable change in who has been transacting, with a clear switch from investors to refinancers.

Investor demand has been reducing driven by lower expectations of house price appreciation and a tougher regulatory outlook. Investors have seen the sharpest reduction in intention to transact, reducing from around 50% to 40% for solo investors and around 75% to 60% for portfolio investors in 2015.

However, with interest rates still at record lows, the number of borrowers intending to refinance has been continuously increasing. Those looking to refinance has risen from 10% in early 2015 to 35%, according to the report, as they look to establish better terms on their mortgage or release equity for other investments as house prices have risen.

J.P. Morgan banking analyst Scott Manning says brokers will be key to success in capturing the surge of refinancing activity this year, with around 75% of refinancers expecting to use brokers versus other channels.

According to Manning, we are already starting to see the major banks adapt. For example, ANZ has been increasing its broker usage while simultaneously decreasing its branch footprint – a trend which he says will continue across the banking landscape over the next five years.

“Certainly brokers are not only a high proportion of flow but they are a significantly higher proportion of that of new bank business. They are very important for banks to try and grow their book basically. So I think [brokers] are here to stay and I think that proportion will continue to improve over time,” Manning told Australian Broker at the release of the report.

“If you look at what the banks of doing, they are reducing the size of the footprint in terms of square metres by moving banks. They are using smart ATMs where you can bank cash and bank deposits without going into a branch. They have kiosks with after-hours access where you can get coin change for SMEs.

“They are migrating their footprint off branches already. I think ANZ has just been a bit more aggressive on that path… We can see that in Westpac as well. Their branches were down last year in particular and they have renegotiated the new deal with Australia Post to do more of the day-to-day banking in remote areas through the post office.”