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Call for action over break fees

Property investors, brokers and the Banking Ombudsman are calling on banks to stop double dipping on mortgage break fees.

Monday, February 9th 2009, 12:05PM

by The Landlord

Currently banks are only allowed to recover their “costs” when a borrower breaks a fixed-rate mortgage. However the rules in the Credit Contracts and Consumer Finance Act are interpreted differently by individual lenders, allowing some to charge up to three times as much as others.

Some mainstream have been accused of "double dipping", by brokers – lending money to borrowers at retail rates, charging break fees on wholesale rates and then re-lending the money at retail.



Banking Ombudsman Liz Brown says the lenders' interpretations need to be tested through the courts and that is the role of the Commerce Commission. “We do need some better guidance for the banks and other lenders,” Brown says.

She is awaiting the outcome of an appeal over a case the commission took against Avanti Finance for breaching the act in respect of break fees, but lost.

The issue had come to the fore since interest rates started falling rapidly last year and borrowers found themselves fixed on rates well above deals available now.

New Zealand Mortgage Finance broker Richard Baker described what some of the lenders are doing as "double clipping the ticket".

While Kris Pedersen, of Property Financial Solutions, said the system for calculating fees was so complex that only someone with a calculus degree would understand it. Few made the calculations available to the public.

Roost broker Annette Kann says one bank used wholesale rates to calculate the break fee – but those rates couldn't be found on its website. She also found out that the loan was in her case rounded up and then break fees charged. The logic was, she said, if the outstanding mortgage was $173,421, for example, the bank said it couldn't lend out such an amount, so rounded it up before charging the fees.

Do you have a story to tell about break fees? If so, we would like to hear about it. Email us here


 

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Lender Flt 1yr 2yr 3yr
AIA - Back My Build 6.19 - - -
AIA - Go Home Loans 8.74 7.45 7.05 6.85
ANZ 8.64 7.99 7.49 7.35
ANZ Blueprint to Build 7.39 - - -
ANZ Good Energy - - - 1.00
ANZ Special - 7.39 6.89 6.75
ASB Bank 8.64 7.39 6.89 6.65
ASB Better Homes Top Up - - - 1.00
Avanti Finance 9.15 - - -
Basecorp Finance 9.60 - - -
Bluestone 9.24 - - -
Lender Flt 1yr 2yr 3yr
BNZ - Classic - 7.29 6.85 6.65
BNZ - Green Home Loan top-ups - - - 1.00
BNZ - Mortgage One 8.69 - - -
BNZ - Rapid Repay 8.69 - - -
BNZ - Std, FlyBuys 8.69 ▼7.89 ▼7.45 ▼7.25
BNZ - TotalMoney 8.69 - - -
CFML Loans 9.45 - - -
China Construction Bank - 7.09 6.75 6.49
China Construction Bank Special - - - -
Co-operative Bank - First Home Special - ▼7.09 - -
Co-operative Bank - Owner Occ 8.40 ▼7.29 6.89 6.75
Lender Flt 1yr 2yr 3yr
Co-operative Bank - Standard 8.40 ▼7.79 7.39 7.25
Credit Union Auckland 7.70 - - -
First Credit Union Special - 7.45 7.35 -
First Credit Union Standard 8.50 7.99 7.85 -
Heartland Bank - Online 7.99 6.69 6.45 6.19
Heartland Bank - Reverse Mortgage - - - -
Heretaunga Building Society 8.90 7.60 7.40 -
HSBC Premier 8.59 - - -
HSBC Premier LVR > 80% - - - -
HSBC Special - - - -
ICBC 7.85 7.05 6.85 6.59
Lender Flt 1yr 2yr 3yr
Kainga Ora 8.64 7.79 7.59 7.29
Kainga Ora - First Home Buyer Special - - - -
Kiwibank 8.50 8.35 7.89 7.65
Kiwibank - Offset 8.50 - - -
Kiwibank Special - 7.35 6.89 6.75
Liberty 8.59 8.69 8.79 8.94
Nelson Building Society 9.00 7.90 7.39 -
Pepper Money Advantage 10.49 - - -
Pepper Money Easy 8.69 - - -
Pepper Money Essential 8.29 - - -
Resimac - LVR < 80% 8.84 8.30 7.89 7.69
Lender Flt 1yr 2yr 3yr
Resimac - LVR < 90% 9.84 9.30 8.89 8.69
Resimac - Specialist Clear (Alt Doc) - - 8.99 -
Resimac - Specialist Clear (Full Doc) - - 9.49 -
SBS Bank 8.74 7.95 7.45 7.29
SBS Bank Special - 7.45 6.95 6.79
SBS Construction lending for FHB - - - -
SBS FirstHome Combo 6.19 7.05 - -
SBS FirstHome Combo - - - -
SBS Unwind reverse equity 9.95 - - -
Select Home Loans 9.24 - - -
TSB Bank 9.44 8.19 7.55 7.55
Lender Flt 1yr 2yr 3yr
TSB Special 8.64 7.39 6.75 6.75
Unity 8.64 6.99 6.85 -
Unity First Home Buyer special - - 6.45 -
Wairarapa Building Society 8.60 7.15 6.85 -
Westpac 8.64 7.89 7.49 7.25
Westpac Choices Everyday 8.74 - - -
Westpac Offset 8.64 - - -
Westpac Special - 7.29 6.89 6.65
Median 8.64 7.45 7.37 6.77

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