The British financial services regulator has announced plans to
ban so-called self-certified home loans, pointing to the possible
fate of no-doc and low-doc loans in Australia once responsible
lending laws start to come into force here from mid-2010.
No-doc and low-doc loans are an alternative for the
self-employed and small-business people who, without payslips or
recent tax returns, can't readily verify their sometimes "lumpy"
income for a standard home loan.
Instead, they're able to secure loans with a bigger deposit or
by signing a statement simply declaring they can afford the
repayments.
Low-doc borrowers usually have to come up with a 20 per cent
deposit, when others might need just 10 per cent.
In addition, the bank is almost certain to insist on mortgage
insurance, which protects the lender if the borrower defaults. On
standard loans, insurance is required if the loan is for more than
80 per cent of the value of the property but on a low-doc loan, it
may be required at the 60 per cent mark.
Lenders might also charge a higher interest rate to compensate
for the extra risk associated with a no-doc or low-doc loan, the
corporate affairs manager for Mortgage Choice, Kristy Sheppard,
says, though this may be reduced to the standard rate after a
couple of years of regular repayments.
In Britain, however, the Financial Services Authority has issued
a discussion paper proposing self-certification be banned and that
lenders be obliged to verify income for all mortgage
applicants.
At their peak, self-certified loans accounted for 45 per cent of
the £300 billion of mortgages advanced in Britain during
2006-7, according to one report. Ordinary homebuyers are said to
have used them to borrow more than their genuine income would
allow.
Under the new proposals, the self-employed and business people
would have to provide at least two years of accounts or tax returns
to support a home loan application.
Locally, low-doc mortgages also grew in popularity - but not to
the scale in Britain - and market observers say they're much harder
to come by here.
"There are fewer low-doc loans around these days because lenders
have become more risk-averse in recent years - more cautious about
whom they lend to," Sheppard says.
"Those that are still offering these products do require some
evidence, such as business account transaction statements and BAS
[business activity statements], where these weren't required
previously."
The chief executive of InfoChoice, Shaun Cornelius, says its
database includes 58 low-doc products, from 32 lenders, with rates
ranging from 5.38 per cent to 8.49 per cent. That compares to 6.2
per cent or 6.3 per cent for a standard variable loan with a big
four bank.
However, "lenders certainly haven't been promoting this category
of loans over the last 12 months", Cornelius says.
The head of mortgages at Bankwest, Dean Gillespie, says the
demand for low-doc loans has remained constant but Bankwest, like
others, has reviewed its activity in the area. "We are conscious of
making sure applicants really are true low-doc borrowers,"
Gillespie says.
Scrutiny has increased, he says, particularly if an applicant
claims a higher income than the bank would expect for their
circumstances. "We are asking more questions. We are wanting to see
their ABN, that they're registered for GST, to see that they're a
legitimate low-doc borrower."
Sheppard says low-doc loans have a place because many
self-employed people find it difficult to substantiate income when
applying for home or investment property loans. The traditional
requirements of lenders can make the process "frustrating and
time-consuming" for them, she says.
"There are certainly circumstances where people need to use
low-doc loans because they can't provide the documentary evidence
required by lenders to approve borrowers for 'regular' loans - for
example, if the applicant hasn't done tax returns for the past
couple of years, has debts outstanding that don't reflect the cash
position or can't prove profit to the banks."
However, consumer groups say low-doc loans have been used by
"predatory" lenders on the fringe of the market. They give people
loans who have little hope of servicing them in the knowledge that
ultimately they can force the sale of the property and take the
money.
In some cases, ordinary borrowers have been encouraged to dress
themselves up as businesses by obtaining ABNs.
Credit ombudsman Raj Venga says low-doc lending seemed to dry up
last October and he's "not unhappy that some of the worst kinds of
low-docs" are gone, though he acknowledges they have a legitimate
role.
Venga notes lenders will soon have to comply with "responsible
lending" rules requiring them to determine that a loan is "not
unsuitable", having regard to the person's needs, objectives and
financial circumstances.
"I think it will make it very hard to have a low-doc loan," he
says.
The responsible lending laws apply to non-bank lenders from July
1 and to banks from mid-2011.
Gillespie says the provisions of the new Consumer Credit Code
will put more onus on the financial institution or broker to have
an understanding of what's "not unsuitable". "That hasn't been
tested yet ... and it's going to be interesting the way it comes
out, whether low-doc products can continue or not," he says.
The British proposals, if approved, could take effect at the end
of next year.
Key points
British regulators have proposed banning no-doc loans.
Here, low-doc loans are under threat from "responsible lending"
rules.
Lenders have backed away from riskier lending products
anyway.
Low-doc applicants are being asked to prove they're genuinely
self-employed.