ASIC Regulatory Guide 209 Credit Licensing: Responsible Lending Conduct (Australia)
Section C: assessing whether a credit product is not unsuitable – ASIC Regulatory Guide 209 Credit Licensing: Responsible Lending Conduct (Australia)

ASIC Regulatory Guide 209 Credit Licensing: Responsible Lending Conduct (Australia) rg209-c-switching-mortgage-prisoners-review: In a refinance or switch assess overall cost savings and the repayment history, do not treat continued hardship as a reason to keep a consumer in a worse loan, and periodically review assessment outcomes, complaints and automated decision systems

What does rg209-c-switching-mortgage-prisoners-review require?

When assessing a refinance or switch the licensee considers whether there are overall cost savings over the life of the loan after fees and any extended term, and the consumer's repayment history on the existing loan; where the new repayments are lower than the consumer has been meeting and the consumer is current, the refinance is likely to be suitable, while a consumer in difficulty on the existing loan needs a fuller assessment of whether the new product resolves the difficulty. ASIC's view is that the obligations should not trap mortgage prisoners in higher-cost loans where a cheaper loan with lower repayments is available. Licensees should periodically review their portfolio to consider whether their assessments are producing good outcomes (arrears, hardship applications, complaints, dispute resolution outcomes), and licensees that use automated decision systems should ensure the systems are designed to meet the obligations, are tested, and are reviewed against outcomes, with the rules and assumptions documented.

Maintained by Gerard Blokdyk

Other controls in Section C: assessing whether a credit product is not unsuitable – ASIC Regulatory Guide 209 Credit Licensing: Responsible Lending Conduct (Australia)

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