What are the lenders legal obligations

Assignment Help Finance Basics
Reference no: EM131742014

Part 1: Instructions for completing and submitting this assignment

Section 1: Case study 1 - Clinton and Jennifer Andrews
- Task 1 - Initial disclosures
- Task 2 - Gathering and documenting client information
- Task 3 - Assessing the clients' situation
- Task 4 - Using equity
- Task 5 - Reasonable enquiries
- Task 6 - Recommendations
- Task 7 - Clinton and Jennifer's professional network
- Task 8 - Interest rates
- Task 9 - Settlement

Section 2: Case study 2 - Tony and Lorraine Denton
- Task 10 - Establishing level of financial knowledge
- Task 11 - Responsible lending obligations
- Task 12 - Self Employed special considerations
- Task 13 - Advising on strategies
- Task 14 - Impact of credit history
- Task 15 - External dispute resolution
- Task 16 - Effective access to files

Case study 1 - Clinton and Jennifer Andrews

Assignment tasks (student to complete)

Task 1 - Initial disclosures
Following a personal introduction and before you begin gathering information about the clients' existing financial situation or needs, there are certain disclosures you are required to make as a finance broker regarding the way you are remunerated and the range and limitation of your services.

1. Identify which document you must provide your client once you have decided to provide credit assistance and explain the main features of that document.

2. Identify which document you will provide the client should you intend to charge a broker fee and explain what is required for it to be valid.

Task 2 - Gathering and documenting client information

Complete the Client Information Collection Tool

Task 3 - Assessing the clients' situation

Using the Excel or Online version of the Genworth Serviceability Calculator, calculate the Genworth NDI for the borrowers.

2. Based on the information provided in the case study and using the tools available to you (e.g. loan calculators, including those available on lenders' websites), provide an assessment of the clients' borrowing ability. Consider and comment on the following issues:
(a) the maximum loan using the Genworth calculator
(b) deposit requirements for the loan required
(c) combined net monthly income, less cost of living expense as specified by the borrower
(d) do they require Lenders Mortgage Insurance (LMI) and if so, how much will it cost?
Refer to Genworth LMI estimator for this figure
(e) any other issues that may impact, now or in the future, on the clients' ability to meet their obligations, including any possible risks.
Provide data to support your comments and conclusions.
(No word count requirement for questions (a) to (d)).
Question (e)

Task 4 - Using equity

1. Although Clinton and Jennifer have chosen to borrow 90% LVR on the investment property plus the LMI costs, what other option could you present that would avoid the cost of LMI?

2. Explain how it could be possible for Clinton and Jennifer to borrow 100% of the purchase price ($450,000) and obtain a tax benefit for the interest charged.

Task 5 - Reasonable enquiries

In the course of gathering information about the couple, you are required under the National Consumer Credit Protection Act 2009 to make all ‘reasonable' enquiries to determine a borrower's objectives, requirements and financial situation.

Identify at least six (6) ‘reasonable' enquiries that you would make with the clients in the case study and explain why these enquiries are important in terms of NCCP compliance. (200 words)

Task 6 - Recommendations

Note: Incorrect or uninformed advice can lead to significant financial detriment for your client and lead to possible complaints against you for misleading or deceptive and misleading conduct. Therefore, all three (3) questions of this task are ‘critical' and you must demonstrate the required knowledge in each to be deemed competent.

1. Based on the information presented in the case study, prepare a written proposal to your clients.

The style and language used in the proposal should be appropriate to the case study client's level of understanding. It should be clear and concise and written in language that is easy to understand, while still remaining professional in its presentation.

You may base your response to this part of the assignment either on your knowledge of the products currently offered by your own organisation or on the products offered by a lender you have researched.

In your proposal, you should include:
- a summary of your understanding of the clients' needs (this could be an outline summary of their proposed loan structure)
- a summary of their current financial position (use information from the ‘funds to complete' template completed.

the product options you have considered that meet their needs (research two lenders and detail their loan features; you can use the internet or if working in industry, internal software)

- the option you recommend and the reasons for the recommendation - explain how the recommended product meets the clients' needs (refer to the case study and explain why you are recommending this lender)

- disclosures applicable to the situation (a summary of likely applicable disclosures is adequate). Include disclosures in the Credit Guide and any conflicts of interest.

2. (a) Describe the home buyer assistance scheme benefits and stamp duty concessions that are available in your State or Territory. Who would be eligible and what would be their benefit? (150 words).

2. (b) Provide a summary of all additional costs and fees, that the couple should be made aware of. (100 words)

Task 7 - Clinton and Jennifer's professional network

1. Name three (3) parties Clinton and Jennifer may wish you, as their broker, to keep informed of the progress of their finance application who are not directly involved in the loan processing?

2. It is important that as a broker you understand the loan application process and how to effectively manage the progress of a loan application. Outline to Clinton and Jennifer the process that will occur from your first meeting through to post settlement. Please present nine (9) steps in the process.

3. Briefly explain why is it important for the broker to remain informed of developments in the lending process despite not being actively involved at every stage?

Task 8 - Interest rates

Clinton and Jennifer have reconsidered the loan proposed and have called in to discuss whether they should consider fixing the interest rate on their proposed loan - they have conflicting opinions and are seeking your guidance.

1. Firstly, they need to understand the role of the RBA with respect to interest rates and why it is necessary to have these controls. Conduct some research and explain how the movements of interest rate occur in Australia and in relation to mortgage loans. Are banks obliged to follow the RBA cash rate? Explain.

2. Explain to Clinton and Jennifer some of the advantages and disadvantages of fixing a loan.

3. Suggest how Clinton and Jennifer could potentially manage the risks associated with fixing a loan in the event they need to break the fixed loan contract.

Task 9 - Settlement

Outline in detail the steps a Lender should take post-approval in order to document, settle the loan and administer the loan post-settlement.

Case study 2 - Tony and Lorraine Denton

Task 10 - Establishing level of financial knowledge

What communication skills might you use to confirm Tony and Lorraine's understanding and knowledge about credit and finance, as well as their current position, including establishing their requirements and objectives with the refinance? (150 words)

Task 11 - Responsible lending obligations

The National Consumer Credit Protection Act 2009 imposes ‘responsible lending' obligations on brokers that must be satisfied by all people arranging loan applications. The primary objective under responsible lending guidelines is that the credit facility offered to the borrower is ‘not unsuitable' for the borrower, meets their requirements and objectives and will not create substantial hardship.

1. How would you define ‘substantial hardship' (detailed information on this subject is found at RG 209 issued by ASIC)?
2. What are the benefits of debt consolidation for Tony and Lorraine?

3. Tony and Lorraine have decided to consolidate their debts into one home loan with two splits, one for the existing home loan and a second split for the all other debts. They will not be including the cleaning supplies bill as they pay this in full each month.

In the template below provide a new liabilities summary once Tony and Lorraine have completed the debt consolidation including their new monthly repayments.

4. What savings will Tony and Lorraine obtain in monthly repayments?
(Include calculation how you determined the savings.)

Task 12 - Self Employed special considerations

1. As Tony and Lorraine are self-employed, what documents will you need to obtain and assess their income?

2. If a Low Doc application is an option for the customer, name three (3) extra documents you will need to obtain and assess. Explain how each these documents will establish their income?

3. Explain how applying for a ‘Low Doc Loan' could lead the mortgage broker to be accused of recommending an ‘unsuitable' product.

Task 13 - Advising on strategies

Following the presentation of your proposal, Tony and Lorraine say that they would like your advice regarding loan and debt management strategy tools that are available to help them to pay down their home loan as quickly as possible.

List strategies or methods that will help them achieve their aim.

Note to students: You may refer to the MoneySmart website for information on this subject and your answer may also include available mobile phone apps used for debt management.

Provide the advantages and disadvantages of each.

Task 14 - Impact of credit history

Tony tells you that his former wife failed to properly meet their unsecured personal loan debt obligations before they separated. Although he eventually repaid the debt he is afraid that this incident may count against him when he applies for a loan. There are a few things Tony can do as he is concerned about his credit rating. What information would you provide in the following two situations?

1. Provide Tony with the details of three (3) major credit reporting agencies and explain what information may be recorded on his credit file.

2. Tony has decided he would like to obtain a copy of his credit report from either Veda or Dun & Bradstreet. Explain what options are available for each provider, how long it takes to obtain a copy, and the associated costs.

3. If there are errors on file, what is the procedure for Tony to follow in order to have these errors rectified?

4. What are the Lender's legal obligations if they decline an application due to the content of the credit agency file?

5. What options are available to Tony and Lorraine in the event that the loan was rejected by the lender you initially proposed due to a credit report

Task 15 - External dispute resolution

During the loan process, Tony is starting to become upset with the time it's taking to get him an approval. Although you've explained that this is because of delays with the lenders processing system due to staff being away, you're concerned the matter may escalate beyond your control.

1. As a broker it is important to understand the role of the Credit Ombudsman. Explain the function and role of the Credit and Investment Ombudsman (CIO) in the EDR process.

2. What could be the maximum penalty imposed by the CIO?

Task 16 - Effective access to files

The loan application is finally approved. Loan offers have been produced by the lender, as have numerous documents that the client needs to access and review. The lender has requested these documents be forwarded as soon as they are available. Tony and Lorraine are away at the moment and their email provider has a size limit on the data that can be sent via email. Name a service provider that could assist in solving this problem?

Attachment:- Assignment.rar

Reference no: EM131742014

Questions Cloud

Cloud computing and the impact on health business : Discuss your thesis "Cloud Computing and the Impact on Health Business" results based on your process and experience!
Define a marxist reading to any of the stories : Compose a paragraph that applies a Marxist reading to any of the stories from this week. Be sure to ask yourself
Some consulting firms use experienced managers : Some consulting firms use experienced managers, but they also employ experienced, lower-paid staff to lower costs.
List the independent variable of eye glare problem : Does the black grease beneath football players' eyes really reduce glare or just make them look intimidating? In a variation of a study actually conducted.
What are the lenders legal obligations : What are the Lender's legal obligations if they decline an application due to the content of the credit agency file - Explain how applying for a Low Doc Loan
Analyze the ethical violations of the company you researched : Analyze the ethical violations of the company you researched. Create a scenario where you believe the use of high-risk investments would be beneficial.
Describe dns name resolution process : Topic 1) Describe DNS name resolution process a windows client takes. Why is it necessary to know the steps?
Define the political economies of a low income : Define the political economies of a low income and high income countries and describe how governments impact global public health,
Developments in penetration security testing : What are the current and future developments in Penetration Security testing.

Reviews

len1742014

11/29/2017 1:52:02 AM

Assignment tasks are used to determine your ‘competence’ in demonstrating the required knowledge and/or skills for each subject. As a result, you will be graded as either competent or not yet competent. Your assessor will follow the below process when marking your assignment: • Assessing your responses to each question (and sub-parts if applicable) then determining whether you have demonstrated competence in each question. • Determining if, on a holistic basis, your responses to the questions have demonstrated overall competence.

len1742014

11/29/2017 1:51:49 AM

Submitting the assignment You must submit the completed assignment in a compatible Microsoft Word document. You need to save and submit this entire document. The assignment must be completed before submitting it to Kaplan Professional Education. Incomplete assignments will be returned to you unmarked. The maximum file size is 5MB. Once you submit your assignment for marking you will be unable to make any further changes to it. You are able to submit your assignment earlier than the deadline if you are confident you have completed all parts and have prepared a quality submission.

len1742014

11/29/2017 1:51:34 AM

The assignment This assignment is split into 16 Tasks, over 3 Sections. To finish this assignment, you must complete all 16 tasks. The information and data needed to complete Sections 1 and 2 is presented in case studies at the beginning of those sections. Word count The word count shown with each question is indicative only. You will not be penalised for exceeding the suggested word count. Please do not include additional information which is outside the scope of the question.

Write a Review

Finance Basics Questions & Answers

  Financial reporting and analysis

Finance is about Gunns Ltd, a company in dealing with forestry products in Australia. The company has also been listed in Australian Stock Exchange. As many companies producing forestry products, even Gunns Ltd is facing various problems. Due to the ..

  A report on financial accounting

This report is specific for a core understanding for Financial Accounting and its relevant factors.

  Describe the types of financial ratios

Describe the types of financial ratios and other financial performance measures that are used during venture's successful life cycle.

  Differences between sole proprietorship and corporation

Briefly describe the major differences between a sole proprietorship and a corporation

  Prepare a cash budget statement

Calculate the expected value of the apartment in 20 years' time. What is the mortgage loan repayment at the beginning of each month

  What are the implied interest rates

What are the implied interest rates in Europe and the U.S.?

  State pricing theory and no-arbitrage pricing theory

State pricing theory and no-arbitrage pricing theory

  Small business administration

Identify the likely stage for each venture and describe the type of financing each venture is likely to be seeking and identify potential sources for that financing.

  Effect of financial leverage

The Effect of Financial Leverage and working capital management

  Evaluate the basis for the payment to the lender

Evaluate the basis for the payment to the lender and basis for the payment to the company-counterparty.

  Importance of opps, ipps, mpfs and dmepos

Research and discuss the differences and importance of : OPPS, IPPS, MPFS and DMEPOS.

  Time value of money

Time Value of Money project

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd