Home Loan Complaints Rocket By 20%

New data released today by the Australian Financial Complaints Authority (AFCA) has shown that complaints about home loans have increased by 20 per cent in the last six months of 2019.

The data shows that CBA and Westpac have the largest proportion of complaints, with the CBA Group at 890 and Westpac Group 639 of the complaints made.

This increase has been driven by financial firms failing to respond to requests for assistance, the conversion of loans from interest only to principal and interest and issues with responsible lending.

Credit card complaints were 2,750 in the same period.

The data, which has been made freely available to the public through AFCA’s Datacube shows that between July and December last year, the financial services ombudsman received 2,201 complaints about home loans, that’s 367 per month, on average.

AFCA Chief Operating Officer Justin Untersteiner said that it was disappointing to see the increase but making the data available to the public was an important step in increasing transparency.

“Every six months, AFCA releases data which allows Australians to see how many complaints their insurer, bank, financial adviser, superannuation fund or other financial firm has received and how they have responded to those complaints,” Mr Untersteiner said.

“Rebuilding trust in the Australian financial services will be a long journey and one that requires effort across the entire sector.

“Transparency is key in this transformation and we have made significant changes in the way we report our data and decisions to make them more accessible to the public.

“The data also shows that we are getting very few complaints about financial advice, just 30 per month, and complaints against debt buyers or collectors rose by just five per cent. “Our hope by releasing this data is that we see improvements and the industry takes action to reduce the number of complaints that end up at AFCA.”

Westpac admits to breaching responsible lending obligations

ASIC says Westpac has admitted breaching its responsible lending obligations when providing home loans and agreed to submit to a $35 million civil penalty to resolve Federal Court proceedings under the National Consumer Credit Protection Act 2009 (Cth) (the National Credit Act). A three-week trial for this matter was due to commence in the Federal Court yesterday.

The parties have jointly approached the Federal Court seeking orders that Westpac contravened the responsible lending provisions of the National Credit Act because its automated decision system:

  • did not have regard to consumers’ declared living expenses when assessing their capacity to repay home loans, and instead used a benchmark (the Household Expenditure Measure); and
  • for home loans to owner occupiers with an interest-only period, failed to use the higher repayments at the end of the interest-only period when assessing a consumer’s capacity to repay the loan. For example, for a loan of $500,000 at 5.24% with a term of 30 years and a 10-year interest-only period, the assumed repayment using the incorrect method is $2,758 per month, whereas the actual repayment after the expiry of the interest-only period using the correct method is $3,366 per month.

The litigation related to Westpac’s home loan assessment process during the period December 2011 and March 2015, during which approximately 260,000 home loans were approved by Westpac’s automated decision system. For approximately 50,000 home loans, Westpac received, and did not use, consumers’ actual expense information that was higher than the Household Expenditure Measure. For approximately 50,000 home loans, Westpac used the incorrect method when assessing a consumer’s capacity to repay a home loan at the end of the interest-only period. Of these approximately 100,000 loans, Westpac should not have automatically approved approximately 10,500 loans.

If approved by the Federal Court, this will represent the largest civil penalty awarded under the National Credit Act.

Westpac admitted contraventions of the National Credit Act and the parties filed a Statement of Agreed Facts and joint submissions as to the appropriate penalty. Westpac will also pay ASIC’s litigation and investigation costs.

The National Credit Act provides consumer protections to ensure that credit providers make reasonable inquiries about a borrower’s financial situation, verify the information that they obtain and assess whether a loan contract will be unsuitable for the borrowers.

The responsible lending laws are designed to ensure that lenders have regard to all relevant information about the consumer before approving a loan to minimise the risk of adverse outcomes for the consumer over the course of the loan. Lenders must have in place the right processes to ensure that they comply with these important obligations.

ASIC Chair James Shipton said, ’This is a very positive outcome and sends a strong regulatory message to industry that non-compliance with the responsible lending obligations will not be tolerated. Responsible lending in the home lending market is absolutely vital to consumers, banks and our economy.

‘This outcome, and ASIC’s actions in relation to responsible lending, reinforce that all lenders must obtain information from individual borrowers about their financial situation to ensure that they can properly assess the ability of the customer to repay the loan. Lenders must then verify the information to ensure that it is true, and then assess whether the loan is unsuitable for the borrower. Taken together, these responsible lending obligations are a cornerstone protection for both borrowers and lenders,’ he said.

‘This outcome is a warning to all lenders that they must comply with the responsible lending obligations. If they do not, ASIC will take action to enforce the law.’

Background

ASIC published its review of interest-only loans in August 2015 (refer: 15-220MR), as part of a broader review by the Council of Financial Regulators into home-lending standards. The review included 11 lenders, including the big four banks, and found that lenders were often failing to consider whether an interest-only loan would meet a consumer’s needs, particularly in the medium to long-term (refer: 15-220MR). ASIC was particularly concerned with Westpac’s home loan assessment process, and with Westpac providing very lengthy interest-only periods (up to 15 years) for owner occupiers.

As part of the outcomes of ASIC’s work, ASIC required lenders and brokers to raise standards to ensure they were complying with responsible lending obligations. The 11 firms in our review, including Westpac, all committed to implementing stronger standards.

ASIC has provided guidance on responsible lending in Regulatory Guide 209 Credit licensing: Responsible lending conduct (RG 209). ASIC is updating its guidance this year and will be engaging in a full public consultation as part of this process.

ASIC has also been engaging with the Government in relation to comprehensive credit reporting and a proposed open banking regime. These initiatives will assist in improving responsible lending standards by making high-quality information about consumers’ financial situation available to lenders when assessing the suitability of a loan.

ADI Housing Credit Still Higher In June 2018

The latest data from APRA, the monthly banking stats to June 2018 show that the banks are still busy lending for home loans. Total balances rose in the month by $9.2 billion, to $1.64 trillion. Within that lending for owner occupied housing rose $7.1 billion, up 0.68% to $1.08 trillion and lending for investment property rose 0.38% to $558 billion. Investment lending comprised 34% of the portfolio, and fell slightly as a result.

The trend growth, over the months is accelerating.  Total credit is still growing at an annualised rate of 6.7%, scary, when incomes and cpi are circa 2% and we have some of the highest debt to income ratios globally.

Looking at the individual lenders portfolio movements, we see that Westpac have been focusing on owner occupied lending growth, while their investor balances fell a little, a similar pattern to the ANZ. On the other hand, both CBA and NAB grew their investor loan books, having given up share in recent months. But Macquarie bank lifted their investor loan book significantly.

Overall shares did not move that much in the month, with CBA still the largest owner occupied lender, and Westpac the largest investment loan lender.

We also updated our annual portfolio movements for investor lending (despite the APRA 10% speed limit no longer being relevant). We see that Macquarie shows the strongest growth in investor lending, alongside AMP Bank, and some of the smaller players. The market annual effective growth rate is 0.96%. ANZ and CBA are in negative territory across the last 12 months.

So in summary, home lending is alive and well, which given the current falls in home prices is a concern – but many households are refinancing to lower cost loans, taking advantage of the  wide range of deals out there, for some. But investment lending remains in the doldrums, if a little off its lows.

Clearly the regulators are betting that income growth will snap back up, allowing for households to service their massive debt burden, but as prices fall for the straight 10th month, and all else being equal its hard to see an easy way out from the debt bomb, as rates rise in the months ahead.

Tic:Toc Closes $11.5m Funding

Australian fintech Tic:Toc, the world’s only fully digital home loan platform, today announced it has closed its Series B round, raising $11.5M in funding.

The Series B funding, led by Genworth Mortgage Insurance Australia Limited (Genworth Australia) and Blackstone group entity La Trobe Financial, includes both new and existing investors and adds significant depth to the Tic:Toc share register, which also includes Bendigo and Adelaide Bank.

The funding will allow Tic:Toc to further advance the capability of its platform as well as build greater brand awareness. It will also partially fund Tic:Toc ’s pending expansion into offering its automated assessment platform as a service to partners, as well as exploration of select international markets.

Tic:Toc founder and CEO, Anthony Baum, said the successful funding round was a key step forward for the business as it enters a new phase of growth.

“Tic:Toc has seen an overwhelmingly positive response since we launched in July last year. We’re thrilled to have closed a second successful funding round after our initial capital raise in May 2017, and bring on such high calibre institutional shareholders.

“The funds will support the organic growth we are experiencing, but also allow us to further invest in our business for strategic growth.

“We want to relentlessly pursue and embrace new technologies to ensure Tic:Toc remains the radical and smarter way to secure home finance, and this funding allows us to do that” said Baum.

Genworth Australia CEO & Managing Director, Georgette Nicholas said, “We are excited to be part of the Tic:Toc venture which aligns with us looking for innovative ways to provide lenders mortgage insurance.”

Blackstone Portfolio Company La Trobe Financial President and CEO, Greg O’Neill, stated “We’re thrilled to support Tic:Toc as they define a new category in home finance – automated home loan assessment and approval.

“At a time when lending is under scrutiny for outdated practices, Tic:Toc’s unique approach to home finance will benefit the market significantly and is deployable and scalable. We look forward to partnering with Tic:Toc on a range of opportunities.”

Genworth Australia is an ASX listed company and is the leading provider of lenders mortgage insurance in Australia.

La Trobe Financial is part of US investment giant US$450 billion Blackstone Group L.P. based out of New York.

Baum said the Series B funding was also an opportunity to continue to deliver on its promise to customers: “We firmly believe in providing our customers a faster, simpler and more transparent way to get a home loan, and to a larger extent, redefining the home finance landscape on a world stage,” said Baum.

Since its launch, Tic:Toc has amassed a loan portfolio of more than $170 million and received over $1.2 billion in value of submitted home loan applications. It has also grown its team substantially to nearly 50 people, and with new partner and growth opportunities, is looking to grow its team to 200 people by 2020.

The home loans originated by Tic:Toc and backed by Australia’s fifth largest retail bank, Bendigo and Adelaide Bank, are available throughout Australia at tictochomeloans.com; with variable comparison rates from 3.65% for live-in, principal and interest home loans

News Corp is quietly selling NAB home loans

In Finance, things are not always what they appear to be. The point made in the recent Productivity Commission report! See this excellent piece from of The New Daily showing NAB’s connectivity and influence across the home loan industry – a classic example of vertical integration and more.

Fans of Married at First Sight and My Kitchen Rules may have noticed over the past few days that popular property website realestate.com.au has started advertising a new product: home loans.

According to the ad, you can now go through the entire process of buying a house – from searching for properties and applying for conditional approval, to actually getting a mortgage – through the website.

This process will no doubt seem extremely convenient to many house hunters. And given the huge popularity of realestate.com.au – it claims to have 6.45 million visitors a month – take-up is likely to be high.

But there is something consumers really need to know about it. Realestate.com.au Home Loans is not an independent initiative. Far from it. It is a deal between Rupert Murdoch’s News Corp, which owns 61.6 per cent of realestate.com.au, and big-four bank NAB.

The first part of the deal with NAB

Last June REA Group, the company behind the realestate.com.au website, signed what it called a “strategic mortgage broking partnership” with NAB. Only now, though, has it started widely marketing this new deal.

So what is the nature of the deal? Well, on the face of it, realestate.com.au appears to be a mortgage broker in its own right. But that is not actually the case.

What REA Group is actually doing is piggy-backing on a mortgage broker called Choice Home Loans. In other words, while the branding may be realestate.com.au, the actual mortgage broking firm is Choice Home Loans.

And who owns Choice Home Loans? NAB does.

The second part of the deal

Another key part of the deal is that house hunters who use realestate.com.au can actually apply for “conditional approval” of a mortgage through the website.

Conditional approval allows you to bid for a property at auction, among other things. It must be provided by a mortgage lender. In this case, that mortgage lender is NAB.

So to re-emphasise the point – if you get conditional approval through realestate.com.au, it will be provided by NAB.

The third part of the deal

However, getting conditional approval with NAB does not commit you to a NAB home loan.

So what happens if you do buy a house through realestate.com.au? Well, you then have to pick a lender. And here you have a choice.

First, you could choose a realestate.com.au ‘white label’ loan. This is a loan that on the face of it looks like it is provided by realestate.com.au.

But once again appearances are deceptive. REA Group does not have a mortgage lenders’ licence. So while these loans may be branded realestate.com.au, they are actually provided by a nationwide mortgage lender called Advantedge.

And who owns Advantedge? NAB does.

If you don’t fancy the realestate.com.au home loan, there are other choices. First, there is a range of NAB mortgages.

And then, there is a list of mortgages from other providers – more than 30 of them, including big names like Westpac, ANZ, Commonwealth Bank, Macquarie, ING, ME, UBank – the list goes on.

Oh, and by the way, that last bank mentioned – UBank – is also owned by NAB.

REA Group assures The New Daily that its (or, to be precise, NAB’s) mortgage brokers do not spruik the realestate.com.au, NAB or UBank loans to their customers at the expense of other loans.

But the rules around this are fairly fuzzy. The Australian Securities and Investment Commission told The New Daily that, while mortgage brokers must not mislead or misrepresent the products they are selling, they also do not have a “duty of care” to their customers.

This means there is a lot more leeway for favouring certain products.

Also, unlike financial advisers, mortgage brokers can and do take commissions from lenders. That’s why you don’t have to pay for their services.

So even if NAB/REA Group don’t sell you a NAB loan, they still get the commission.

None of this is illegal. But the depth of NAB’s involvement in the new service is not made clear on the website. And given NAB is a vested interest, consumers really need to know how deeply involved the bank is before they make one of the biggest financial decisions of their life.

Will APRA Loosen Lending Standards Next Year?

Interesting economic summary from Moody’s. They recognise the problem with household finances, and low income growth. They also suggest, mirroring the Reserve Bank NZ, that macroprudential policy might be loosened a little next year.

I have to say, given credit for housing is still running at three times income growth, and at very high debt levels, we are not convinced! I find it weird that there is a fixation among many on home price movements, yet the concentration and level of household debt (and the implications for the economy should rates rise), plays second fiddle.

Also, the NZ measures were significantly tighter, and the recent loosening only slight (and in the face of significant political measures introduced to tame the housing market). So we think lending controls should be tighter still in 2018.

It’s strange examining third quarter data when the fourth stanza has almost passed, but the Australian Bureau of Statistics isn’t known for timely national accounts data. Australia is the last major Asia-Pacific economy to release quarterly GDP numbers. Despite the tardiness, the national accounts gives valuable insight, especially on the investment front in the absence of a reliable monthly gauge.

Australia’s GDP growth hit 0.6% q/q in the September quarter following an upwardly revised 0.9% (previously reported as 0.8%) gain in the June stanza. Annual growth accelerated to 2.8% from the prior 1.8% gain. The annual growth figure is now hovering at potential, which we estimate is around 3%. However, momentum is overstated, given low base effects. In the September quarter of 2016, the Australian economy contracted by 0.5% q/q, only the fourth quarterly contraction in 25 years. This was driven by a sharp fall in investment alongside higher imports. During this period, annual growth slowed by 1.3 percentage point to 1.8%.

Private investment booms

Private investment was a bright spot in the third quarter because of a sharp rise in non-dwelling construction, which made the largest contribution to GDP growth at 0.9 percentage point.

Non-dwelling construction has often become a proxy for mining investment, and the third quarter gain is likely due to the installation of two liquefied natural gas platforms in Western Australia and the Northern Territory. LNG exports are expected to pick up late in the fourth quarter amid increased production capacity. The Wheatstone project began production earlier in October after a two-year construction phrase and
shipped its first export to Japan late in the month. Wheatstone is the sixth of eight projects included in a A$200 billion LNG construction boom that is now in its final stretch. Once the remaining two projects are finalized, Australia could topple Qatar as the world’s biggest LNG exporter. Australia has recently become the world’s second largest exporter of LNG.

Public investment didn’t score as well in the third quarter, declining by 7.5% q/q. This is mainly payback after a boost in the June quarter from the acquisition of the Royal Adelaide Hospital from the private sector.

The housing market has cooled in 2017, and price growth is expected to keep decelerating through 2018; this will keep downward pressure on dwelling investment. For instance, dwelling price growth in Sydney was 5% y/y in November, well down from its double-digit growth in 2016 and earlier in 2017.

This is the result of the lagged impact of earlier macroprudential action that has included higher borrowing costs for homebuyers, especially investors or those taking out interest-only loans. The Australian Prudential Regulation Authority has also imposed limits on bank portfolio exposure to new mortgages.

Owner-occupied housing finance commitments tend to track house price growth and are a good gauge of the underlying pulse. Data released this week show October commitments rose just 0.3% m/m on a trend basis. Growth has slowed substantially from earlier in 2017.

An interesting tidbit we have observed in recent years: Housing regulation in New Zealand tends to lead Australia’s by at least a year. The Reserve Bank of New Zealand was on the front foot trying to cool certain heated housing pockets such as Auckland well before the Australian Prudential Regulation
Authority introduced housing-targeted measures, even though both economies were experiencing strong price growth in some areas. Just recently, the RBNZ announced it had eased some macroprudential measures in light of softer house price growth. Now that Australia’s housing market has cooled, APRA may follow suit with minor reversals in the next year.

Households missing in action

At first glance it was a relief that consumption made a positive contribution to GDP growth, but the details were less pleasing, as spending was concentrated on essential items while discretionary purchases suffered. We calculated that nondiscretionary items rose an average 0.6% over the quarter, and discretionary spending fell by 0.7%.

Of the nondiscretionary items, utility spending rose 1.4% q/q, food was up 1%, rent gained 0.6%, and insurance and financial services grew 1.3%. On the discretionary front, clothing spending fell 1% q/q, recreation and culture was down 0.6%, and spending at cafes and restaurants fell by 0.9%.

All told, softness in the consumer sector was largely masked by spending on nondiscretionary items. The monthly retail trade data do not capture nondiscretionary spending as thoroughly as the national accounts; over the third quarter retail volumes were up just 0.1% q/q.

We know from earlier testing that consumer sentiment does not have a causal relationship with retail spending, but incomes do. Sentiment is a symptom of weak income growth, rather than a forward indicator of spending behaviour. The Westpac consumer sentiment index fell to 99.7 in November, below the neutral 100 that indicates optimists equal pessimists. Overall, consumers have been downbeat through most of 2017, concerned about family finances and the economic outlook. At 2% y/y, income growth is hovering near a record low, so it’s little surprise households have pulled
back on discretionary purchases, while other costs such as utilities rose in the third quarter because of seasonal price hikes. The net household saving ratio rose to 3.2% in the third quarter, higher than the decade low of 3% in the June quarter, suggesting that consumers aren’t willing to keep dipping into their savings to fund discretionary purchases. It’s concerning that household consumption is weak, given that it constitutes 75% of GDP.

Businesses are faring better than consumers at the moment. This is reflected in soaring private investment, lofty gains in company profits, and strong employment growth, particularly full-time, through 2017. Unfortunately, this has not yet flowed through to stronger income growth, and there are likely several factors at play. The first is cyclical: Low productivity is mooted as a reason for benign wages in the developed world. More Australia-specific is that underemployment has been very high in
Australia and the correlation with income growth is around -0.88. Underemployment has started to edge lower as full-time positions outpace part-time, and our baseline scenario is for the tighter labour market to yield stronger income growth by mid-2018. Although Australia’s Phillips curve has flattened in the past decade, there is still a reasonable relationship between unemployment and income growth.

Some structural factors: The rise of the gig economy has contributed to the rise in casual employment. These positions are more flexible and more easily adapt to changing demand, but there’s no union representation, which can hurt wage bargaining. Also, as the positions are more flexible, there’s more acceptance that lower wages can be a consequence.

Another structural reason for low incomes could be the higher prevalence of offshoring roles. There’s no reliable industry- or economy-wide data measuring the extent of offshoring, but we know that it is an unrelenting phenomenon, given the disparity in operating costs between Australia and the developed world. Employers are not locally replacing jobs lost offshore, so they are not potentially driving up labour costs to secure the appropriate candidate.

All told, these structural factors suggest that national income growth is unlikely to enjoy a significant rebound but rather gradual and modest improvement in 2018.

How’s the fourth quarter tracking?

Our high-frequency GDP tracker suggests a 2.7% y/y expansion in the December quarter following the barrage of October activity data this week. Retail trade came in at a strong 0.5% m/m, although this was payback for sustained weakness through the third quarter, when retail turnover fell an average 0.3% m/m.

October foreign trade data weren’t inspiring, as merchandise exports fell by 2% m/m amid lower iron ore prices and, to a lesser extent, volumes. The iron ore spot price increased by 22% from its late-October slump to US$71.51 per metric tonne in early December. We expect this will enable iron ore export receipts to improve heading into 2018 as higher global prices are incorporated into contracts; usually the lag is short. It’s too early to determine whether volumes will be adversely affected by higher prices.

We maintain our view that monetary tightening is firmly off the table for at least another year as the central bank sits on the sidelines waiting for consumption to show meaningful signs of a pickup. Our expectation is that the Australian dollar will depreciate around an additional 3% against the U.S. dollar over the next six months, serving to encourage more  consumption onshore and lift export competitiveness and helping core inflation return to and creep through the central bank’s 2% to 3%
target range.

CBA Dials Back Interest Only Loans

The Commonwealth Bank of Australia (CBA) announced changes to interest only transactions for both new owner occupied and investment home loans. It will honour existing applications submitted for assessment by COB Friday 9 June, but the new rules start on Monday 22nd May.

This reflects a response to the recent regulatory tightening. This is in addition to the interest rates rises already imposed in February, March and April.

Effective from Monday 22 May, the bank will offer the following reduced discounts for new owner occupied and investor home loans with interest only payments:

  • A reduced discount offered through the Home Loan Pricing Tool (HLPT) for new home loan and investment home loans with IO payments
  • The elimination of any discount for those who submit a pricing request for new home loan and investment home loans with P&I repayments who later switch to an IO repayment type

CBA’s $1,250 Refinance Rebate for select interest only owner occupier home loans will also end. This rebate will only be available for owner occupier principal and interest home loans via the HLPT.

The bank has also made further LVR changes which will be effective from Saturday 10 July:

  • Reducing the maximum LVR from 95% to 80% for new owner occupier interest only home loans
  • Reducing the maximum LVR from 90% to 80% for new investment interest only home loans

Changes have also been made to repayment types for building and construction loans. These will be effective from 10 July.

  • CBA will no longer accept IO payments for home loan and investment home loans which are construction or building loans. Instead, the loans must have P&I repayments after construction is complete and the loan has been fully funded
  • CBA will permit construction loan applications submitted for full assessment by COB 9 June with IO payments to proceed to funding

They also remind brokers that repayments on P&I construction loans are interest only until building is completed and the loan is fully funded. At this point, payments switch to P&I. This means the bank will apply the lower P&I reference rate to the interest charged during the construction period.

“In March, the Australian Prudential Regulation Authority (APRA) announced the introduction of a new measure to limit the flow of new Interest Only (IO) residential mortgage lending to 30%. Commonwealth Bank is committed to ensuring we meet our customer’s needs while maintaining our prudent lending standards and meeting our regulatory requirements,” the bank wrote in a statement to brokers.

“To help meet these commitments, we are introducing changes that encourage customers to choose principal and interest repayments, where this meets their needs. We are also increasing our already robust monitoring and reporting activities to ensure that where Interest Only payments are selected, they are suitable for customers’ needs.”

Major Banks Down $16 bn This Week

So the net impact so far of the budget liability levy was to knock over $16 billion in market value from the big four, which is more than their most recent combined profit! ANZ fell the most, at 5%, followed by Westpac 4.3%. Macquarie dropped 2.5%.

They have reported a combined $15.6 billion in the half, and up on average more than 6%. Here is the ASX 200 Financials chart for the past 5 years.  They are still fully valued.

Given the overall market index was little changed, the majors are perhaps out of favour. What is not clear yet is whether this is a knee-jerk reaction to the budget “surprises”, or whether the tighter supervision, slowing home lending and rising consumer delinquencies are the root causes.

We think investor home lending is set to slow considerably in the months ahead. The question is how home prices will respond. As a result, the growth engine for the majors will be potentially misfiring. Given the concentration on the local markets, and focus on housing lending, they do not have many other shots in the locker.