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I’m trying to get a copy of my mortgage application form…

Customer Question
Hi , I’m trying...

Hi , I’m trying to get a copy of my mortgage application form which shows what employment and income details were used to asses my loan

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Western Australia

Lawyer's Assistant: What steps have you taken so far?

I have asked the bank twice but they just kept sending the standard loan contract copy , then emailed them again specifically asking for my original loan application showing what employment and income my loan was assessed on

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have learned that the mortgage broker and or banking staff member were investigated over improper lending conduct and with the Royal Commission at the moment I want to see if my application has the correct information on it or whether the loan has been assessed on false information

Submitted: 2 months ago.Category: Australia Law
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Answered in 6 hours by:
4/4/2018
Solicitor: Leon, Solicitor replied 2 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,580
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 2 months ago

Good Afternoon

Did you apply through the bank directly or via a broker?

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Customer reply replied 2 months ago
Via a broker whom we never actually met, he sent a friend with the forms to sign
Solicitor: Leon, Solicitor replied 2 months ago

Good Afternoon,

do you have the details of the broker? If you have the brokers details then you can send him a detailed email requesting your original application for the loan.

If he refuses to provide you with the documents you will then need to lodge a complaint about them with ASIC who is their licensing body.

He has used this information when lodging the application with the bank in order to get approval and this is currently with him not the bank.

The following link is information about making a complaint.

https://www.moneysmart.gov.au/tools-and-resources/how-to-complain

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 2 months ago
I would prefer to chat online for now if ok
Solicitor: Leon, Solicitor replied 2 months ago

I am happy to chat online.

Did you see my last post?

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Customer reply replied 2 months ago
If the application was submitted directly to the bank (westpac) and we request a copy of this to see what employment and income details were used to assess the loan , making sure they haven’t been altered , does the bank have to provide this?
Solicitor: Leon, Solicitor replied 2 months ago

Good Afternoon,

you have a right to request the documents and if they will not provided to you you can file an application with the ombudsman.

You should send a detailed letter to the bank explaining the reasons for your request and give them 14 days within which to provide you with the documents.

I would also suggest that you send the same letter to the Broker. If they fail then you take the next step and get orders for the files to be released.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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