Family Guarantee Guidelines

Features

Features

  • Immediate family can use equity in their own property to provide additional security for the loan amount
  • The Loan to Value Ratio is reduced potentially saving the customer a significant amount of money avoiding the need to pay Lender's Mortgage Insurance
  • First home buyers who are also owner occupiers may be eligible for up to $50,000 cash additional to the borrowings for home improvements
  • A few minor debts may be consolidated if they are less than 5% of the purchase price
  • Available on Owner Occupied Loans, does not have to be a first home buyer
  • Available on First Home buyers purchasing an investment property
Capacity to Repay

Capacity to Repay (no genuine savings)

While 5% genuine savings is not required, brokers must ascertain an applicant's ability to repay the loan.  This can be done by:

  • Providing evidence of previous/existing commitments (e.g. rent paid, previously held loans)
  • Other means  e.g. regular savings pattern
Cash Out/Debt Consolidation

Cash Out / Debt Consolidation 

Cash Out

  • Cash out option is ONLY available for first home buyers for home improvements on owner occupier homes
  • Assessing officer will assess suitability for works outside a build contract using cash out option
  • Cash out is not available for debt consolidation purposes
    • Applicant may use their own funds to payout and close debts as 100% of the purchase plus costs can be borrowed.

Debt Consolidation

  • Debt consolidation up to 5% of the purchase price may be considered. 
  • Debts will be paid out and closed by Heritage according to standard procedures
  • Debt consolidation does not form part of the cash out option
  • Debt consolidation is available for all applicants, not just first home owners.
Eligible Home Loans/Purpose

Eligible Home Loans / Purpose

The following home loan products are available for a family guarantee application:

  • Home Advantage Package (Variable or Fixed)
  • Standard Variable
  • Fixed Rate
  • Discount Variable

The following loan purposes are available for an owner occupied family guarantee application:

  • Purchase of new property 
  • Refinance of existing family guarantee with another financial institution, providing there is no increase to the existing loan amounts or guarantors existing exposure
  • Construction loan
Fees

Fees

  • One application fee will apply for both loans
    • application fee is dependent on campaigns and/or product
  • Guarantor fee applies per loan (not per guarantor)
  • Guarantor will need to cover the cost of obtaining independent legal advice
  • Standard legal and other fees apply - refer customer to credit contract for a complete list of fees payable.
  • Valuation fees applicable
FHOG

First Home Owner's Grant

  • A family guarantee application does not directly affect eligibility for First Home Owner's Grant
    • QLD applicants will need to provide additional Statutory Declaration outlining the financial help being provided by the Guarantor/s
  • Applicants need to ensure they meet all other eligibility criteria for grant - Refer here
Immediate Family

Immediate Family

  • Family guarantee can be offered by immediate family as outlined below:
    • parent
    • sibling
    • child
  • For family relationships outside of these parameters, contact your BDM for consideration prior to accepting an application
Increase of Principal Loan

Increase of Principal Loan

  • On a case by case basis, increases to the primary loan in line with increases to security property may be considered
  • Guarantee amount is not to increase
  • Guarantor's consent is required
Interest Rates

Interest Rates 

  • Any applicable discount will be calculated on the total lending. For example, if one loan is less than $150k but the total lending for the 2 loans is over $150k both loans will be eligible for the Discount Variable rate.
Releasing the Guarantee

Releasing the Guarantee

  • The Guarantee will be released when the Secondary loan (the Guarantor loan) is paid out in full.

  • In order to have the guarantee released earlier, the guarantor or borrower may request a revaluation at any time to confirm the LVR, subject to the payment of the valuation fee. If the principal security provides satisfactory security at an LVR of 80% or below, consideration can be given to the release of the guarantee and the mortgage/s over the guarantor's property.

Security

Security

  • The primary loan will be secured by the borrower/s property .
  • The secondary loan will be secured by a second registered mortgage over the borrower's property, in addition to a mortgage over the guarantor's property supported by a guarantee from the family member/s.
  • A registered second mortgage behind an existing first mortgage (either to Heritage or other financial institutions), is acceptable to support the guarantee other than where the existing first mortgage is a reverse mortgage-styled facility and the Bank is unable to establish a defined amount for priority under the first mortgage.
  • Where the guarantor is providing an investment property as security, this can be considered more attractive as the guarantee will not impact on their owner occupied residence. 
    • Additional servicing is required for guarantors using their owner occupied property as security
  • The total debt secured on the guarantor’s property must be less than 70%
  • Individual applicants are restricted to a maximum of one family guarantee/borrowing.
  • Security property is subject to acceptable security guidelines. Heritage will conduct a valuation of all security properties.
  • Independent Legal Advice (ILA) will only be waived in exceptional circumstance.
  • Cash cannot be used as security for a family guarantee application.
Guarantee Lending Outside of Risk Appetite

Guarantee Lending Outside of Risk Appetite 

  • All guarantee supported lending must pass the criteria as set out in the Mortgage Lending Policy.  Refer to the Borrowers and Guarantors section for the criteria and policy requirements.
Requirements

 Requirements

 

Primary Loan (Borrower loan)

Secondary Loan (Family Guarantee loan)

Applicants

Borrowers:

Purchasing applicants

Borrowers: Purchasing applicants

Guarantors: Family member/s who own security being provided as additional security

 

Security Secured by:

Security One: First registered mortgage (1RM) against property being purchased only

Secured by:

Security One: Second registered mortgage (2RM) behind Heritage against security on Primary loan, and

Security Two: Either first or second registered mortgage** against property offered as additional security under guarantee.

 

LVR Max LVR against Borrower’s Security 80% Heritage will consider a maximum LVR up to 70% against guarantor/s security.

An existing first mortgage debt with another financial institution on the guarantor/s security may be accepted, subject to LVR.

Valuation Heritage requires a full valuation on the borrowers security.
Servicing The applicant’s income should be sufficient on a stand-alone basis to support both the Primary and Secondary loans within normal commitment percentage. In all cases, Heritage needs to ensure that we will not be placing the guarantor/s into hardship if the guarantee for the second loan is called up.

In effect this will mean the guarantor/s must have the ability to meet any such loan ‘call ups' from means other than the sale of their owner occupied house. This could include other assets such as superannuation or any other investments with a realisable value.

Alternatively, if no other assets outside of an owner occupied property are held, the guarantors must be able to service the secondary loan in their own right. Guarantor's income must not be used to assess the serviceability of the total borrowings.

Genuine savings Applicant’s do not need to show 5% genuine savings, but do need to show capacity to repay the loan.
Debt Consolidation A few minor debts may be consolidated if they are less than 5% of the purchase price. Refer to Serviceability policy, Commitments section for verification requirements for debts being refinanced. These debts will be paid out and closed by Heritage according to standard procedures, and do not form part of the Cash Out Option.
Cash Out Option Only available to First Home Buyers purchasing an Owner Occupied home.

First home buyers may access up to $50,000 cash out for home improvements (must fit within LVR limits above).

Documentation Requirements Standard HBL requirements All applications:

  • Fully completed, signed application form including Statement of Position of all guarantor/s
  • Signed Privacy Acknowledgement and Consent form by all guarantor/s
  • Notated credit report for all guarantor/s
  • Recent copy of council rates notice for security property/s
  • Title search on security property/s

Refinance/Debt Consolidation/Second mortgage behind another financial institution:

Copies of existing loan statements as per standard HBL requirements

Investment security

When relying on guarantor’s ability to clear or service the debt over an investment property:

1. Title search or rates notice are to be obtained, supported by guarantor's statement of position in the application form.

Owner Occupied security

When relying on guarantor’s ability to clear or service the debt over their owner occupied property:

1. Application form will initially be reviewed to judge whether guarantor/s may be placed in hardship.  The asset and liability position of the guarantor/s should demonstrate an exit strategy other than the sale of their owner occupied property to clear guarantor loan if called up. If no assets or investments (excluding owner occupied property) are available to clear the secondary loan in full, see step 3 & 4 below.

2. If mitigating the use of guarantor's owner occupied security through some form of available clearance like superannuation, cash or shares: Evidence to be obtained- a copy of guarantor's most recent superannuation statement, share-holding statement or bank statement (if applicable).

3. If mitigating the use of guarantor's owner occupied security via guarantor's ability to service the guarantor loan from PAYG or other income: Evidence to be obtained- information on application form may be accepted,or

4. If concerns remain re 3 (above), we may seek some form of servicing assessment for the guarantor/s to confirm they will not be in hardship if the guarantor loan is called up.

Additional Requirements A guarantor is to be interviewed separately from the borrower.

Guarantor/s are to be provided with full loan application details for all loans connected with security. The guarantor needs to be able to make the decision based on all pertinent financial facts. The borrowers will authorise the provision of all relevant financial information to the guarantor and any or other documentation required by law and/or applicable standards.

Release of Guarantee N/A The guarantor or borrower may request a new valuation at any time to confirm the loan to value ratio (at the cost of the borrower/guarantor).

If the principal security provides satisfactory security at an LVR of 80% of below, consideration can be given to the release of the guarantee and the mortgage/s over the guarantor/s property (subject to approval).

At time of closure/payout of the Secondary Loan the guarantee/s and the mortgage/s over the guarantor/s property will be released upon request by the Guarantor/s.

Restriction Individual applicants are restricted to a maximum of one family guarantee/borrowing

* A registered second mortgage (2RM) behind an existing first mortgage (either to Heritage or to other financial institutions), is acceptable to support the guarantee except where the existing first mortgage is a reverse mortgage-styled facility and the Bank is unable to establish a defined amount for priority under the first mortgage.

** If the security being provided by the guarantor is already secured by mortgages to Heritage, as long as sufficient equity exists to fit the LVR requirements, it does not matter what number mortgage this new mortgage would be, i.e. a 3RM is acceptable.