A series of reviews conducted by the UK's Financial Services Authority (FSA)
has found that in spite of some improvements, several mortgage brokers continue
to operate well below standard, with senior management failing to adequately
monitor and control the performance of their firms to ensure that they are treating
their customers fairly.
As a result, the FSA revealed, seven firms have been referred to Enforcement,
and a number of other firms are being considered for referral. Also a further
65 firms are to undertake costly past business reviews or will employ specialists
to resolve problems. A few firms have ceased business until they can rectify
failings.
The FSA additionally on Monday published case studies and examples of good
and poor practice, to help firms assess and improve their own progress.
The reviews - across a range of brokers operating in the prime and sub-prime
markets - examined the assessment of affordability, self-certification (self-cert)
mortgages, training and competence standards, and the effectiveness of senior
management controls.
The review targeted 48 brokers, several of whom were suspected of breaching
FSA rules. The investigation confirmed many serious failings, including readiness
to proceed with arranging a mortgage despite doubting the accuracy of financial
information customers were giving them.
Stephen Bland, FSA Retail Intermediary sector leader, explained that:
"During the reviews we saw a number of good brokers who are meeting the
required standards and they are being undermined by the negligence or wilful
non-compliance of others. We also saw some who despite having some way to go,
were willing to engage with us and be helped to improve their performance, which
is why we are providing so much guidance following these reviews. However there
are still an unacceptable number of firms unwilling to change and they are damaging
the rest of the industry."
He continued:
"We found some firms willing to offer mortgages they know to be unaffordable
and to accept self-cert business even where they had concerns that the financial
information provided by the customer was implausible. These practices are completely
inconsistent with Treating Customers Fairly - hence the large number of enforcement
referrals and other regulatory actions."
And concluded: "Overall there is a need for a big improvement in senior
management's use of management information to help achieve the fair treatment
of their customers to achieve the progress we and the industry as a whole want
to see."
The main areas identified in the reviews as needing improvement include the
assessment of affordability; the collection of customer information to establish
clients' needs and, if needed, to judge plausibility of incomes in self-cert
business; supervision and assessment of advisers' competence; and the use of
management information. The reviews also identified areas where firms' practices
could lead to an increased risk of fraud and money laundering.
The FSA will begin a further review in January 2008 of mortgage quality of
advice processes, and it is looking to report a considerable improvement when
the work is concluded in June 2008.
The FSA is also currently carrying out a related project, looking at the extent
to which lenders are meeting the requirement to lend responsibly, and expects
to report the findings of this in spring 2008.