Mortgage Broker

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GUEST OBSERVER
Nearly one in three Australian investors are worried about the rising cost of living, according to new data.  
Mortgage Choice’s Investor Survey found the increasing cost of living was the biggest issue facing Australian investors over the coming 12 months. 
I am not surprised to hear that so many property investors are worried about the cost of living.
Every day expenses such as gas, electricity, childcare, and transportation continue to rise every year, which is bound to negatively impact the hip pocket of all Australians, including property investors. 
On top of that, wage growth continues to stagnate, with the latest data from the Australian Bureau of Statistics showing wages grew just 1.9% over the 12 months to June 2017. 
According to the Investor survey, one in five investors were also worried about job security, while a further 15% were worried about rising interest rates. 
Perhaps most surprisingly, our data found one in four investors were actually concerned about rising property prices. This would suggest property investors are constantly looking to expand their portfolio of assets and, as such, don’t want property to become so expensive that it is out of reach.
There are a number of strategies investors can take to lessen the impact of the rising cost of living and rising interest rates. 
While you may not be able to control the inevitable rise in everyday living expenses or interest rates, you can control where you spend your money and how much money you save. 
With good strategic planning, you can ensure that you’re able to afford your mortgage repayments and your lifestyle now and into the future.
In the first instance, its pays to take the time to draw up a budget for your pay cycle, including all of your incomings and outgoings throughout that period. 
Make sure you are detailed so that you can identify where your money is going and where you may be able to cut back. It is important to set aside a regular portion of your income as savings. This money can then be used as an emergency fund for a rainy day. 
Moreover, whether you’ve had your mortgage for a short time or a while, it is always a good time to have your home loan checked. 
Your local broker can look at your current product and compare it with others on the market. They may be able to help you find a product with a sharper rate that will end up saving you thousands of dollars.
Investors wanting to make to make their money work harder for them should also consider speaking with a financial adviser.  
Even if you are comfortable with your current financial situation, it is worth speaking to a financial planner who can assess your financial situation and create a personalised plan to help you reach your goals. 
 
John Flavell is chief executive officer <a href="https://www.mortgagechoice.com.au/" target="_blank">Mortgage Choice</a>.
 
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1 in 3 investors concerned about cost of living: John Flavell

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ASIC has banned the Sydney mortgage broker Astna Shirtika Sahay after she let her father use her company’s credit representative authority and ANZ accreditation.

Ms Sahay’s father, Shiv Prakash Sahay, used her accreditations after he was banned for life by ASIC in 2015.

The corporate regulator found the Mascot based Ms Sahay was involved in 31 contraventions of the National Consumer Credit Protection Act through her father’s use of her accreditations.

Her company was Absolute Finance.

ASIC found Ms Sahay did not possess the necessary attributes of diligence, judgment, honesty and integrity and was not a fit and proper person to engage in credit activities.

Sahay’s banning is recorded on ASIC’s Banned and Disqualified Persons Register.

Ms Sahay has the right to appeal to the Administrative Appeals Tribunal for a review of the ASIC’s decision.

Mr Sahay was sentenced last June 2020 in the Downing Centre Local Court on two charges of breaching section 82(2) of the National Consumer Credit Protection Act 2009 (Cth). 

After Mr Sahay pleaded guilty to the offences he was sentenced to a term of imprisonment of nine months, which was wholly suspended immediately upon Mr Sahay entering into a nine-month good behaviour bond.

The court found that between October 2015 and October 2018, Mr Sahay continued to engage in credit activity in relation to 38 credit contracts for loans totalling over $17 million and earned $111,064 in commissions on these loans.

The matter was prosecuted by the Commonwealth Director of Public Prosecutions after an investigation and referral of a prosecution brief from ASIC.

Sahay’s conduct was part of the consumer lending case study considered in the Financial Services Royal Commission.
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ASIC found the Mascot-based Ms Sahay was involved in 31 contraventions of the National Consumer Credit Protection Act through her father’s use of her accreditations

jchancellor

Daughter joins father in ASIC mortgage broker ban

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Advanced Choice Finance Pty Ltd (ACF), a former Melbourne based mortgage brokerage company, has been charged with one count of knowingly making a false statement in a credit licence annual compliance certificate lodged with ASIC.  Mr Ding Yang, director of ACF, has also been charged with aiding and abetting ACF in making the false statement.

ACF held an Australian credit licence and Mr Yang was the sole fit and proper person and responsible manager on the licence.

ASIC alleges that in or about July 2012 Mr Yang had his lender accreditation with the Bank of Melbourne terminated, and in April 2016 Mr Yang and ACF had their membership with aggregator Connective OSN Pty Ltd terminated. It is alleged that in January 2017 Mr Yang, on behalf of ACF, completed and lodged a credit licence annual compliance certificate with ASIC in which he falsely certified that none of ACF’s fit and proper people had their accreditation cancelled by a lender or their membership with an aggregator terminated.

The alleged offense pertains to section 225(3) of the National Consumer Credit Protection Act 2009.

The cancellation of ACF’s credit licence was effective from 14 August 2019. Mr Yang’s banning is recorded on <a href="https://asic.gov.au/online-services/search-asics-registers/banned-and-disqualified/">ASIC’s Banned and Disqualified Persons Register</a>.

The matter has been adjourned to 3 February 2021 for pleas to be heard in the Melbourne Magistrates Court.

 
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ASIC has charged Ding (Tim) Yang with one count of knowingly making a false statement in a credit licence annual compliance certificate lodged with ASIC.

urban.com.au

ASIC charges Ding (Tim) Yang, Victorian mortgage broker of the banned Advanced Choice Finance

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The Australian Securities &amp; Investments Commission has banned Angie Skouras for four years from engaging in credit activities and cancelled the Australian credit licence of Global Edge Finance Group Pty Ltd (Global Edge) after an investigation found it had failed to comply with rules. 
In his role as the sole director, manager and key person on the licence of mortgage and finance company Global Edge, Skouras did not ensure the company’s compliance under the credit legislation.
ASIC found that Global Edge failed to:
• Lodge Annual Compliance Certificates for the 2014 and 2015 years;
• Hold current membership with an ASIC approved external dispute resolution scheme; and
• Comply with two adverse determinations made by the Credit and Investments Ombudsman requiring the payment of $197,231 and $129,021 respectively. 
As a result, Skouras was not fit to engage in credit activities, it ruled.
ASIC Commissioner Greg Tanzer said, 'While ASIC expects directors of companies to manage the affairs in strict abeyance with the law, there is a heightened expectation if they provide financial and credit services to consumers. As this case shows, directors who fail to meet those standards will be held to account and face significant consequences.”
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ASIC bans mortgage broker and cancels Global Edge licence

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Ms Emma Feduniw (also known as Emma Khalil) of Brisbane, Queensland, a former mortgage broker with AHL Investments Pty Ltd (trading as Aussie), has admitted through her solicitor to eight charges brought by ASIC. 
The charges related to the falsification of employment documents to secure approvals for home loans, submitted to Westpac.
ASIC's investigation found that between March 2013 and February 2014, Ms Feduniw submitted eight loan applications, totalling $2,720,400, containing false borrower employment letters. Of the eight loan applications, five were approved and disbursed, totalling $1,608,400. Ms Feduniw received commission on those five loans of $6,847.53.
The eight loan applications ranged in value from $250,000 to $480,000.
Ms Feduniw appeared before Beenleigh's Magistrates Court and through her solicitor admitted to providing documents knowing they were false or misleading.
ASIC Deputy Chairman Peter Kell said, 'The credit laws are designed to ensure borrowers do not take out loans they cannot afford. Actions by mortgage brokers to circumvent the laws, for their own financial benefit, erode trust and confidence in the mortgage broking industry and will not be tolerated'.
Ms Feduniw next appears in court on 3 June 2016 for sentencing.
The Commonwealth Director of Public Prosecutions (CDPP) is prosecuting the matter.
Background
Ms Feduniw was authorised to provide credit services as a credit representative to consumers from 1 July 2010 to 4 April 2014, when Aussie terminated her authorisation.
Ms Feduniw received her commission through Miga Loans Pty Ltd (ACN 106 962 467) a company controlled and owned by her.
Ms Feduniw was charged by ASIC under section 160D of the National Consumer Credit Protection Act 2009 whilst she was engaging in credit activity on behalf of Aussie. Section 160D makes it an offence for a person engaging in credit activities to give false or misleading information or documents to another person. She appeared in Court and pleaded guilty to the charges on 1 April 2016.
Ms Feduniw faces a maximum penalty of two years imprisonment or a fine, for each charge.
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Home loan broker guilty plea after eight false borrower employment letters 

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Mortgage broker Australian Finance Group (ASX: AFG) ended the financial year 2016 with a net profit after tax (NPAT) of $22.6 million, well ahead of its own outlook of $19.7 million.
The company grew its loan book to $120.4 billion, up 12.6 percent on the prior period. 
The company said its profit was up 48 percent compared with $15.3 million from continuing operations in FY2015. It attributed the rise in profit to more residential and commercial settlements, better securitisation margins and increased sales of its self-branded products
The company’s managing director, Brett McKeon, said the result “was underpinned by another strong period of growth for our residential business, with settlements increasing by 8% to $33.84 billion”. 
He also said that the broker market penetration of the Australian mortgage market was at more than 52%, which means a more important role for AFG.
AFG said its final dividend was 5.4 cents per share, a yield of 8.4% per share based on its closing share price at 30 June 2016.
The broker expects good growth in both residential and commercial settlements on the eastern seaboard, particularly in Victoria and Queensland.  
“The company has a residential loan book of $114.7 billion generating ongoing trail commission and AFG’s own securitized loan book has seen improved net interest margin driving solid returns across the financial year. The FY2016 Securities loan book of $1.043 billion is up from $1.020 billion at 30 June 2015.”
“Our Commercial loan book grew very well during the year as more small to medium sized businesses recognized the value a commercial broker can deliver. Commercial settlements grew by 15% year on year to reach $2.76 billion, exceeding the prospectus FY2016 target of $2.45 billion. We expect this trend to continue, predominately in asset lending,” said McKeon.
“Our own AFG Home Loans business also outperformed internal expectations. From a prospectus forecast of $1.30 billion in settlements of white label products, we rounded out the financial year at $1.44 billion. This was driven by the move from a soft launch to full rollout of our Edge product, and the more recent addition of the new Icon home loan. These have been well received by our broker network with the products delivering more choice, competitive pricing and excellent service to our brokers and their customers.”
Earlier this month, AFG entered into an alliance with fintech company Biz2Credit Inc which will give it access to Biz2Credit’s patented analytics and financial services technology to allow small business borrowers access to more options and faster access to capital.
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jonathanchancellor-7SQnKwU6yx

Mortgage firm AFG posts a net profit of $22.6 million in first year after listing

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Mr Madhvan Nair, a former mortgage broker with AHL Investments Pty Ltd (trading as Aussie Home Loans), was convicted and sentenced in the Downing Centre Local Court last week on eighteen charges involving the submission of false or misleading information to banks.
Mr Nair was convicted after admitting to providing documents in support of eighteen loan applications to Westpac Banking Corporation (Westpac), Australia and New Zealand Banking Group (ANZ) and National Australia Bank (NAB) knowing that they contained false or misleading information. 
The applications contained documents which purported to be from the applicant's employer. These documents were false and in most instances, the loan applicant had never worked for the particular employer.
For each and all eighteen charges, Mr Nair was convicted and released upon entering into a recognizance in the amount of $1,000 on the condition that he be of good behaviour for three years.        
In sentencing Mr Nair, Magistrate Atkinson noted that it was a serious matter and that there are tough laws for good reason.
Magistrate Atkinson described the nature of the offending in submitting 18 separate loan applications containing false information or documents as very troubling. Noting Mr Nair had no prior convictions, his ill health, the relatively small financial benefit he received, his plea of guilty and high level of cooperation with ASIC, Magistrate Atkinson stated that had any of the factors been different, the defendant may have faced full-time imprisonment.
ASIC Deputy Chair Peter Kell said, 'ASIC wants to ensure that dishonest brokers are removed from the industry and we will take all necessary steps to achieve this.'
The Commonwealth Director of Public Prosecutions (CDPP) prosecuted the matter.  
<h2>Background</h2>
ASIC's investigation found that between September 2012 and June 2014, Mr Nair submitted eighteen loan applications containing false borrower employment documents. Of the eighteen loan applications, twelve were approved and disbursed, totaling $3,256,684.  
Mr Nair received commission on those twelve loans of $7,583.49. In addition, Mr Nair received cash payments totalling $2,500 from two of the loan applicants upon approval of their loan applications. Mr Nair received a total financial benefit of $10,083.49 as a result of the approved loan applications.
The eighteen loan applications ranged in value from $10,000 to $490,875.
Mr Nair received his commission through Smee &amp; Pree Nair Enterprises Pty Ltd (ACN 091 014 756), a company controlled and owned by Mr Nair.
On 5 July 2016, Mr Nair appeared at the Downing Centre Local Court and pleaded guilty to seventeen charges under sections 160D and one charge under the former section 33(2) of the National Consumer Credit Protection Act 2009.
Section 160D (formerly section 33(2)) makes it an offence for a person engaging in credit activities to give information or documents to another person which is false in a material particular or materially misleading.
Mr Nair was sentenced on 30 August 2016.
Since becoming the national regulator of consumer credit on 1 July 2010, ASIC has taken 80 actions involving loan fraud, including 61 actions to ban individuals and companies from providing or engaging in credit services or holding an Australian credit licence. ASIC has also commenced 14 criminal proceedings involving loan fraud.
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Former Aussie mortgage broker convicted of submitting false or misleading documents 

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Australian Finance Group (AFG) has priced its AFG 2016-17 Trust Residential Mortgage Backed Securities (RMBS) issue.
AFG chief operating officer David Bailey said the securitisation program is an important contributor to the company's overall growth strategy.
AFG is a diversified financial services company and one of the country’s largest mortgage broking groups. Through a network of 2,650 contracted mortgage brokers, AFG processes around $4.5 billion of finance every month and has a combined residential and commercial loan book of $120 billion.
"To execute a transaction under the terms achieved, in a market which has been relatively volatile in 2016 is very pleasing. The other positive aspect was that we were able to welcome some new investors to our programme," Bailey said.
"The success of today's issue reflects the confidence of domestic and offshore investors in the high-quality lending standards that AFG Securities apply.
"The performance of any mortgage starts and ends with the credit policies and appetite of the lender.
The transaction will settle on 4 November 2016.
"A vibrant and strong RMBS market is vital to ensure a greater level of competition and choice into the Australian mortgage market," he said.
The transaction was AFG’s first RMBS issuance since 2014. Its most recent prior issues were a $300 million issue in 2014 and $300 million in late 2013.
The AFG 2016-1 Trust Series was successfully arranged by National Australia Bank Limited (NAB). Joint lead managers were Australia and New Zealand Banking Group Limited and NAB.
Details relating to the $300 million AFG 2016-17 Trust RMBS transaction are as follows:
<img class="alignnone size-full wp-image-12149 lazyloaded" src="https://www.afgonline.com.au/wp-content/uploads/2016/10/20161027mediarelease1.png" alt="20161027mediarelease" width="798" height="225" data-lazy-src="https://www.afgonline.com.au/wp-content/uploads/2016/10/20161027mediarelease1.png" data-id="12149">
 
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AFG mortgage backed securities issue success

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REA Group has agreed to buy a majority stake in mortgage broking franchiser Smartline and entered into a partnership for mortgage broking with National Australia Bank.
Realestate.com.au will purchase an 80.3 percent stake in Smartline.
Australian Broker report $67m will be funded from existing cash reserves and the minority shareholders hold a put option to sell the remaining 19.7 percent of shares which can only be exercised after three years, at a price dependent on the financial performance of Smartline. If not exercised, REA will acquire the remaining shares at the end of four years. The transaction is expected to complete in late July 2017.
Realestate.com.au and NAB have also agreed to build a mortgage broking service, with NAB offering its Choice Home Loans brokers to join this new broking solution.
Tracey Fellows, REA group CEO said building a strong presence in the broker market channel is an important part of our financial services strategy.
"These investments allow us to enter a new market with two of the industry’s most trusted and successful mortgage broking operations," she said. 
“Providing a broker solution will complement the digital search and finance experience we are building in partnership with NAB on realestate.com.au. It’s about giving people greater choice when selecting the right home loan for them." 
Chris Acret, Smartline executive director and co-founder said this investment is a great strategic fit for both businesses.
"It’s born from a shared vision to build a market-leading home loan offering, marrying our trusted network of brokers with realestate.com.au’s leading digital capability,” he said.
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REA Group to take majority stake in mortgage broking franchiser Smartline

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With a loan tally of more than $520 million, George Giovas of Axius Partners has been named Australia’s top commercial broker for 2017 in MPA’s Top 10 Commercial Brokers Report, sponsored by Westpac.
The Sydney-based Giovas wrote 15 loans totalling $520,345,00 over the 2016-17 financial year, a record for an individual commercial broker. 
Giovas, who found Axius Partners in 2011, says it is an “old-fashioned merchant bank”, split between funds management and advice and broking. 
It specialises in development finance, including apartments and hotels.
Previously, Giovas was ANZ’s global head of property, managing more than 150 people and a $40 billion balance sheet. 
The Top 10 list was dominated by brokers specialising in development finance.
The top brokers all noted that banks are reducing their appetite for development finance owing to pressure from the Australian Prudential Regulation Authority.
The watchdog has asked banks to reduce their exposure to residential developments through tougher conditions and reluctance to lend to inexperienced developers, but this has resulted in more non-bank lending.
The second place went to Ben Wardley of Right Angle Group while Kevin Wheatley of Bayside Residential &amp; Commercial mortgages was third.
Both Right Angle Group and Bayside Residential &amp; Commercial are in the development finance industry in Brisbane and Sydney respectively.
2017's Top 10 Commercial Brokers: 
<ol>
<li>George Giovas,    Axius Partners Pty Limited, $520,345,000 </li>
<li>Ben Wardley,    Right Angle Group, $201,326,183 </li>
<li>Kevin Wheatley, Bayside Residential and Commercial Mortgages, $198,682,654 </li>
<li>Marwan Rahme, Kanebridge, $147,692,010 </li>
<li>Jamie Giles, Astute Financial – Springhill, $125,034,502 </li>
<li>Jason Arnold, Quattro Finance &amp; Advisory, $118,615,199 </li>
<li>Daniel Green, Green Finance Group, $100,026,764 </li>
<li>Mark Churchill, Allfin Financial Services Pty Ltd, $99,559,979 </li>
<li>Danny Luu, Pagoda Finance, $91,666,508 </li>
<li>Glen Barnes, Barnes Finance Solutions Pty Ltd, $91,559,000</li>
</ol>
The list includes business lending brokers Jamie Giles of AstuteFinancial, Daniel Green of Green Finance, Mark Churchill of Allfin Finance and Glen Barnes of Barnes Finance Solutions.  
 
 
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