Anyone Can Be A Mortgage Broker, No Ethics Required. Need For Standards In Industry.

Last October we were introduced to a Melb based mortgage broker by our family solicitor, who now honestly regrets having done it, but who at least will assist in the impending loss recovery.
Original deal was to look at refinancing of our existing residential loans, being more than one million with one major bank (big 4) at already good rates, (a further one million positive equity was available) plus another million or so in new finance for some acquisitions and building projects, total nearly three million dollars.
Things went bad nearly from the start, broker repeatedly lost documents sent, no communication, no loan offers to evaluate, all this despite repeated requests from us for progress reports. But we were continually assured to hold on, things were coming, and don't apply to other lenders because it would show in our Baycorp file and prejudice their supposed efforts.
Then they shut down for Christmas, their staff broker disappeared until late January, impending settlement of new property to occur early Feb, which didn't happen, and we went into breach of contract for over 400k. Nearly three weeks after settlement date, was presented by broker with loan contract being only an incomplete amount and at way high rate from 2nd tier bank, _plus_ a loan shark short term paper for the balance at credit card rates, from their own firms other investors!!!! No choice, sign it or else lose deposit on property plus face default damages costs. Make a long story short, six months from contact they have not performed, have incurred considerable holding costs/penalties plus six figure loss of income from unstarted projects. Guess we were a bit lucky in having documentation and corroboration for all this, makes proving our case easier, but if it happened to us it could be happening to lots of families out there on a smaller scale. The government needs to act now to clean up this industry and get some professionalism into it, from anecdotal comments received there doesn't seem to be many good brokers around.
 
Hi Lucky_phil
Sounds like you have had a bad experience.
I would like to say that I have done business with both Rolf Latham(Sydney) and Ed Nixon(Canberra) ( Both fellow forumites) and both have proved valuable to my investing strategies and would not hesitate in recommending them as ethical and outstanding in their feild.
Kind regards
Simon
 
Hello Phil

Firstly may I sympathise with you regarding what sounds to be a shemozzle of the first magnitude.

May I ask how did your Solicitor come to be recommending this particular broker?

Is this broker a member of the Mortgage Industry Association of Australia?

Are they an independent operator, a member of a franchise group or aligned with any particular lender?

Do they have appropriate Professional Indemnity Insurance?

Did you have the opportunity to seek independent legal and financial advice before engaging this broker or entering into any loan contracts?


Yes, you are right - 'anyone' can become a mortgage broker, just as 'anyone' can become just about anything. Licensing was previously a requirement in Victoria but the licensing system was disbanded under a previous State Government. The industry is now self regulating but it is impossible to legislate against incompetence and stupidity.

It sounds as if the broker you engaged was not experienced and not competent, but as you are seeking financial compensation for direct loss proving negligence will be another matter.


Regarding professionalism, I and many other brokers do belong to professional associations such as the M.I.A.A. and also to aggregator groups such as PLAN Australia which are very strict when it comes to character, professional experience and professional development. I am also a member of I.A.F.B.A. You can read the Code of Ethics on the websites.

PLAN is also seeking to promote formal study in the industry. For example, I hold Certificate III in Mortgage Lending but PLAN has determined that from June, 2006 all members must hold a minimum of Certificate IV.

The M.I.A.A. also requires as a condition of Membership continual upgrading and attendance at workshops and information days and a log of study and attendances must be submitted each year with the application for membership renewal.

As a condition of membership of all three associations members must hold minimum amounts of Professional Indemnity Insurance. You may be interested to hear that my Professional Indemnity excess penalty is $5,000 per claim.

As a matter of interest, was any promise of payment made by the broker to your solicitor for referrals? If there was a promise, whether or not payment was made, then your Solicitor is also joined in this action and may not be the most appropriate person to represent you in recovery attempts.

Phil, I hope that the situation is resolved to your satisfaction, despite your obvious anxiety over the past few months.

Believe me, most brokers are sincere, hard working and take their business seriously. It’s a shame that your introduction to the industry was not a happy one.

Regards

Kristine
 
Thanks folks for good advice and thoughts. Kristine, answers below, sounds like we should have talked with you first :)

May I ask how did your Solicitor come to be recommending this particular broker? DONT KNOW BUT WILL FIND OUT AND ADVISE

Is this broker a member of the Mortgage Industry Association of Australia?
YES, WELL, THE EMPLOYER FIRM IS, IN TOP 20 OF NATIONAL FIRMS

Are they an independent operator, a member of a franchise group or aligned with any particular lender?
DONT KNOW FOR SURE BUT WILL FIND OUT AND ADVISE...FAIRLY LARGE WITH NATIONAL OFFICES THOUGH, COMPANY OWNED.

Do they have appropriate Professional Indemnity Insurance?
THEY BETTER :) !!!!!

Did you have the opportunity to seek independent legal and financial advice before engaging this broker or entering into any loan contracts?
THEY WILL ARGUE OUR SOLCR WAS INVOLVED.
 
Lucky_Phil,

Your story is definitely one for ACA or TT!

I'm sorry for the hardship you've experienced due to this. It's double as bad as you were referred to these people by someone you trusted.

Yes there are shonky mortgage brokers, just like there are shonky people in every profession. Whether they're in the majority or not I can't comment - I've only dealt with one bad mortgage broker, then went to people recommended by other investors (as opposed to solicitors or accountants who may not have experience of their services).

Now you've been burnt I'm sure you'll be doing a lot more due diligence of the type suggested by Kristine in future.

May all your future dealings with mortgage brokers be good ones.

Cheers,

Aceyducey
 
Hi Not so Lucky Phil

Id suggest you were in the hands not of a broker, but perhaps someone that neither cared nor knewo\ what they were doing on the one hand, to being perhaps even purposefully negligent on the other,

Pursue the matter through all the channels incl the MIAA and COSL, and obviously try and fix the issue with the broker co directly first.

On the surface sounds to me like an oriignator rather than a broker co as well ?


ta

rolf
 
Thanks Aceyducey, as usual you've thoughtfully provided the correct answer, due diligence is the essence. Must have had some bad karma somewhere for this to have crept up on us though :). Kristine makes very valid comment too, but the concern is self regulation may not be enough protection for the unwary...hey, i'm a property developer (and proud of it!), dont expect much legislative sympathy out there but we will live another day. BTW thanks to you Acey and alll in this forum, reading Jan S started us off years ago buying rentals and its been great.
 
Hi Lucky Phil. I would suggest contacting one of the brokers on this forum for any future transactions. There are a few to choose from. While I have only had dealings with one, I am sure the others are just as ethical. Before I tried one of the forum brokers I had tried a couple of others & while I didn't fair anywhere near as bad as you, it made me realise one important thing. There are brokers & there are brokers. It really pays to find a good one. Best of luck.
 
Hi Lucky Phil,

I would want to know why he was recommended to you by your solicitor. I would hope that you will follow it up and get him removed from the industry. Unfortunately there will always be bad apples in any occupation.

In WA, we have very strict licensing laws, but it can still happen here too. Good luck with chasing it up through COSL.

Regards
Tracey
 
I think you did the right thing going with your solicitors recommendations - was very unfortunate it turned out to be a bad thing.

I would strongly advise anyone to use a broker recommended by someone they trust. There are enough shonks out there to make it a risky business.

Certainly I wouldn't hesitate to use any of the long standing posters here. They just wouldn't be still posting here if any members found them to be less than reputable. (Except for myself of course :rolleyes: )

I hope it all gets resolved to your satisfaction. Please don't hesitate to ring Rolf or Kristine for some obligation free advice on how to get through it - I know neither would begrudge a 10 minute phone call!

All the best,
 
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