What to expect from my mortgage broker? Print E-mail

You are wanting to use a mortgage broker to obtain a home loan.  What service should they provide, and what is required of them?......

Your mortgage broker should LISTEN to your personal circumstances and requirements.  They will offer you a selection of home loans that will suit your needs, and provide a comparison between these products, highlighting the pros and cons of each.

They will complete and submit a home loan application on your behalf, and communicate with the lender and yourself until your home loan is approved and settled.

Enormous changes in the finance industry were announced in September 2009.  Up until the 30th of June 2010, each State and Territory had it's own regulation and licencing policies for mortgage brokers.

From the 1st of July 2010 ALL mortgage brokers in Australia MUST be registered with ASIC under the National Consumer Credit licencing regeme.  If a broker has not registered by that time they will NOT be able to engage in credit acitivities from the 1st of July 2010.

All mortgage brokers who are registered and wish to apply for a licence must do so by 31st of December 2010.  Alternatively they can gain authorisation as a credit representative of another Australian Credit Licence holder.

In view of these changes PLEASE ENSURE YOUR BROKER IS REGISTERED (post 1st July 2010) AND LICENCED OR AN AUTHORISED CREDIT REPRESENTATIVE (from 1st January 2011).

Your mortgage broker is also required to supply you with an Internal Dispute Resolution procedure (A procedure to advise consumers of their complaints process).  All members of the MFAA (Mortgage & Finance Association of Australia), COSL (Credit Ombudsman Service Limited) and BFSO (Banking and Financial Services Ombudsman) must not only have a procedure in place, but inform their clients of this procedure.

All mortgage brokers listed on mortgagebroker.com.au must be members of the MFAA or FBAA, they must also be a member of an External Dispute Resolution Scheme, and be registered/licenced/authorised representative within the legislative time frames. 

 

What is a Finance Broking Contract?

 

In many states of Australia it is currently required by law that your Mortgage Broker provide you with a Finance Broking Contract.  

The Contract MUST include:

  • Loan amount to be obtained
  • Term of the loan
  • The maximum repayments including fees
  • The maximum interest rate
  • The date by which finance is to be obtained
  • Acknowledgement that home loan recommendations will be drawn from a range of potential lenders that does not necessarily include all lenders who offer the required form of credit
  • The name and address of your Mortgage Broker
  • ACN if applicable
  • The name and address of principals (if trading under a business name)
  • Amount of commission payable by the client
  • When and how such commission is payable
  • Statement that financial or other benefits will be received from other than the client (if applicable) including the highest and lowest amount of benefit.
  • Disclosure of whether or not the broker can recommend or determine loan conditions and the effect of these.
  • Financial or other benefits payable to third parties
  • Any interests or relationships that may influence the brokers recommendation.

 

 
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