It’s really long and complicated, but I’ll try to keep it simple.
Basically we asked for one thing and got the opposite.
We almost owned one house and then bought another to live in.
As we had only been self-employed for one year, we thought we’d employ a mortgage broker to arrange the finance for us. This mortgage broker was from a major company.
Our plan was this: Put our present house on the market, and if we get a good price – sell it, if not a good price- rent it out.
We told the mortgage broker our plan and asked for:
One loan to cover both mortgages, that could be split
Interest only
Redraw facility
Ability to make lump sum payments
We had sixty days to settlement
The first bank she recommended had exactly the right loan,we applied but came up slightly short as they would only lend 60% valuation on one year self employed.
That took two weeks off, six weeks to go.
The next best option, quote “The same loan and facilities just a slightly higher interest rate”, she faxes us a brochure that confirms this.
OK, we apply
After many calls, being told the loan is approved, the documents are in the mail, etc, etc
nothing happens!!(There are a whole lot of lies in this time, some of them you wouldn’t believe!)
Anyway, the day before settlement the documents arrive at 5pm by courier, they weigh about 3kg!
I am instructed to read them, sign them, have a stat dec signed and have the documents back to the banks solicitor first thing in the morning!
Well the loan is totally wrong;
It’s pricipal and interest
It is a fixed rate ie. no lump sum payments
Break cost fees for lump sums
(Our house had sold, there was going to be a huge lump sum payment!)
No redraw
so, I go into the city first thing in the morning to speak to THEIR solicitor, He says two choices
Delay settlement- It was already one day late at a cost to us of $200
OR
Hand in the documents and as the loan is totally wrong, get the broker to re-document it for you
well it had taken weeks to get these documents, $200 a day didn’t sound too good, and he made it sound like re-documenting the loan was an easy thing, so I handed them in
WRONG CHOICE
After settlement, the mortgage broker denied the loan was wrong. The only thing she would admit to was that it should have been interest only, that part has now been changed after ten weeks.
I have learn’t:
Always get independent legal advice
Never listen to someone else’s solicitor
Don’t be pressured into signing anything
I hope this makes sense,
Sue
By the way the break costs on the loan were over $4000!
Posted – 20/09/2003 : 10:45:53 AM
Be careful not step on the flowers when you’re looking at the stars
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Yes, a terrible story. Something similar happened to me too-before I was a broker. I had asked for a variable loan and when the documents came days before settlement it was too late to change. You may now be able to complain about that broker tot he MIAA (Mortgage Industry Association Australia)-If they are a member.
Did you keep a journal of all the telephone conversations and discussions you had with your mortgage broker?
If you’re stuck in the wrong loan, and the bank is refusing to change the terms for you, I’d make some noise and do something about it.
Firstly, it seems like you may have some recourse against the mortgage broker for misleading and deceptive conduct. Only you know all the facts, but one example is her failure to inform you of the high break fees.
Secondly, the broker may be acting as the bank’s agent. This means that the bank may become liable for the broker’s conduct.
Thirdly, if the bank’s lawyer actually told you that you could simply sign and hand in the documents, and redocument the loan later, that is clearly a representation from the bank. I’d hang on to that like a rabid rottweiler and not let go. Threaten to go to the legal practice board. Threaten to take the bank to the ombudsman. Threaten to take it to a current affairs show – it’s currently the flavour of the month. (Richmond any interest?)
Good luck.
Cheers
M
PS The above is not meant to be legal advice, merely an objective, commonsense assessment of what could be done. You should also (and this is what the bank’s lawyer should have told you) go seek some legal advice from a decent lawyer.
As I am spending my Sunday writing my Australian Financial Service (“AFS”) license application I think that the broking market will change considerably. Brokers may need to be licensed (AFS) from 11 March 2004. This will mean that they will have to meet minimum training requirements, dispute resolution processes, etc. This will be excellent. It is minimise the risk of this happening.
I strongly support this move and think that the public will greatly benefit from new regulation.
Once this requirement comes into affect I recommend that people only deal with a licensed broker. This will mean that ASIC has approved their processes (training, etc) and will minimise the chances of poor recommendations (and you can complain to ASIC if you have problems).
The Mortgage Industry Ombudsman has already looked at the situation (Well the girl in the office anyway) and she seemed to think there was no case.
I could try a gun-ho lawyer, but I think there was some document from the Ombudsman that said I couldn’t take the case any further after dealing with them? Could be wrong, have to look through my giant heap of paperwork about that.
A current affairs program might be fun, perhaps I’ll send them an email, wouldn’t hurt I guess.
Anyhow, thanks aghain for your comments, at least there’s some people out there who think we got a raw deal,
Keep smiling,
Sue []
Be careful not step on the flowers when you’re looking at the stars
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