Lending/LMI/Bank dispute question

Got a question for the more experienced brokers/bankers out there.
I've had a loan with Adelaide Bank for nearly 6 years + now. Last year I took a 3 month mortgage holiday while I found a new job after being made redundant, which I did. It was extended one month to allow for the first pay period, at which time repayments began again.
I was provided verbal advice via Adelaide Bank that during that mortgage holiday I had enough headroom in my loans to absorb any arrears/repayments/ as it was primarily an interest based product. I was advised at that time that once I began making repayments again i should be 'fine'.

Fast foward to now. I am trying to sell my current home, use the funds raised to use as a deposit on a new one so I can take custody of my daughter. Went via my broker, who advised the funder (Resimax) were fine, waiting on Genworth LMI. Genworth come back and tel me my account is an arrears, and because I had a mortgage holiday, they wouldn't approve the loan, blaming their Underwriters or some thing like that. I would have a 15% deposit plus expenses covered totally. I go back to Adelaide Bank who are now saying 'oh we never said that' etc etc. I also asked them to speak to Genworth to find out what my options are. Again, verbally I was told that someone at Genworth had said 'tell him he can try and sell his place first then reapply'. I go back and say well I want someone to tell me definitely that I will get funding (and isn't that what I was trying to do anyway with the conditional contracts in the first place??!!), because I dont' want to sell, then find out after the fact genworth would make me wait 6-12 months before they'd consider lending again and be without somewhere to live. I go back to Adelaide Bank to ask them to clarify this, they come back again and say "oh thats not what we said". I go through my broker to Genworth who say "oh 12 months and we might consider it".

WTF!??

I was given incorrect information by Adelaide Bank verbally on more than one occassion, and have subsequently asked for copies and transcripts of all phone coversations because I know what I was told. They're taking their sweet time letting me know if and or when this will occur. My following their verbal advice and doing what was asked, has clearly had a negative impact on my ability to obtain finance for a home, despite earning over $100K a year, and will have 15% deposit plus costs clear for a new property of about $550K, if I sell my property, and despite people in their office telling me the opposite.

In addition, now the fact that Genworth declined finance is on the CRAA report and will be questioned by every lender for the next 5-7 years.

My question is this - what the hell can I do now?? Adelaide Bank gave me the wrong information in my phone conversations with them (hopefully recorded in their 'customer service logs'), I followed their advice, and am now unable to get finance for what I need, and no I can't get the full 20% deposit and negate LMI in time. I have to take custody of my daughter within 4 months max as my ex is terminally ill. I need to get into a larger home to facilitate that.

Any advice anyone could provide at this stage will be very much appreciated..
 
Hiya

U got ur hands full with other important stuff and this lands on ur table.......................wow what a mess.

Couple of things that may help

The GE enquiry wont show that u were declined.

It will only show that you applied for x at such a a date

Resimac based funder will have access to QBE as well, so I suspect there is more to this than is obvious.


2 things you can do

1. Pull a copy of your CRAA from www.mycreditfile.com.au
2. Ask your broker why Resimac cant use QBE ?
3. Ask your broker to look at lender alternatives that dont us GE for LMI, eg NAB direct, St George Bank, RAMS, Worstpac ( though I reckonu got no show there for other reasons) etc


If all those fail pick up the phone and speak with Genworth directly in a measured manner since they are possibly acting on the ABL arrears report.

Trying to sort the ABL thing will take a long time and is probably not really a soluction at this time.

ta
rolf
 
If your deal with Adelaide was also insured with Genworth, it is likely they would have advised them/sought their approval for the payment holiday. They would not have lodged a default on your Veda report.

Genworth's issue will be that you were unable to make payments for 4 of the last 12 months. Simple as that.
 
Token - and my issue is this; I rang AB specifically to get their advice on that very matter. I asked the specific question, will this impair my ability to get a loan in the next 12 months, can I have it writing "oh no I used to work in loan assessments and i know it doesn't have any problem, but no we're not sending you anything in writing but I used to work in this area and you're fine blah blah".

THAT is my issue right there. and its why I've requested all recordings, written and audio of the 'customer service logs' of the phone calls... I know what I was told. I acted on that advice. If the advice had been different, I would have acted differently.
 
Man, that's no good at All.

I have had a little instance with differing LMI policy and other brokers may want to correct me here.

But essentially the smaller banks have to submit their applications to Genworth while CBA have their own authority to approve LMI loans, even though they use Genworth. They even have different underlying policies.

Pick another lender fast, and be up front and you could be fine.


As for your 'payment holiday', was this an asset management scenario where you had to lodge a financial hardship application??
 
acting in reliance of information provided is a strong case as long as you can prove that bit of it

still.....i recon it will take forever to resolve

We have been trying to sort something of a similar nature with a large bank since 14/12/2009

ta
rolf
 
Token - and my issue is this; I rang AB specifically to get their advice on that very matter. I asked the specific question, will this impair my ability to get a loan in the next 12 months, can I have it writing "oh no I used to work in loan assessments and i know it doesn't have any problem, but no we're not sending you anything in writing but I used to work in this area and you're fine blah blah".

THAT is my issue right there. and its why I've requested all recordings, written and audio of the 'customer service logs' of the phone calls... I know what I was told. I acted on that advice. If the advice had been different, I would have acted differently.

How would you have acted differently? Are you saying you had the money to meet the payments but preferred not to?

They may have been right about their own openness to more borrowings, but they can't speak to the judgement of other lenders, insurers or a broker's view given their obligations under the NCCP. Most lenders will have reservations about any borrower who wasn't able to meet their commitments leading up to asking for new borrowings. That said, you are in a better position having had a payment holiday than you would have been in had it been declined and you had actually started to miss payments.

As I'm sure the brokers here will tell you, what probably wouldn't have been an issue 2 years ago can be an issue today.
 
Hi Token
What I'm saying is that at that stage based on advice received from them, I considered that not selling my place was a way forwards that was viable, and that once re-established selling and moving on was also an option that was without impairment. It wasn't that I had funds and 'chose' not to. Not by any stretch of the imagination. I am aware of how fickle the financing/LMI industry is from friends who work within it, and am VERY aware of the almost arbitrary nature of decision making within some of these institutions, and before you scream SHENANEGANS, I've experienced it first hand with different answers coming from in some cases the same person regarding the same situation on two different days, and others where I got two different answers from two different people from the same institution regarding the same case. So, I was very conscious of asking direct questions of Adelaide Bank and their staff to verify the situation.

If Id known the effects were going to be such as they are, I may have sold at that time, thus, acting differently, and having a different net result, and not having these negative recordings and implications recorded against me, and potentially being able to move forwards at the rate that I now need to,, rather than now being all but shot out of the market for an undefined amount of time.

If that makes sense..
 
Thanks Rolf,
Look, objectively (if I can be) in their Mortgage Help office, there are some good and bad, one person is being very helpful, one person as soon as I take her to task and remind her of what she's said gets flustered and shakey voiced and refuses to argue or talk any further.

I can, if I try to see both sides, understand why both they, and Genworth, are hesitant. Fair call. If I'd received CONSISTENT information all along, my perception and view and understanding of it would be quite different to where it currently sits. I doubt I would have proceeded with what I have over the last few months in truth and I would have looked at other options, and had enough time to bring them to fruition.

On the other hand, its not like I'm now in a bad position financially, I have proven solid income and repayments for 8 months, enough equity in a well located property to move forwards with and so on. As a risk analyst in a different industry, I understand how risk assessments are done, and when compared to say a First home buyer on less than $70K in a shift work/transitory occupation buying a $550K 4 bed Delfin/Lend Lease housing estate, I think I stack up ok!

I guess as Token said, what wasn't an issue a year ago, now is a non negotiable point.
 
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