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    New Rules On Mortgages To Stop Risky Lending

    Home buyers could face tougher borrowing conditions when applying for a mortgage under new plans to reform the lending market.

    The Financial Services Authority wants to avoid another loans crash, by forcing lenders to introduce stress tests and income checks to avoid buyers defaulting.

    It follows a report commissioned after the last recession in 2009 that found perhaps contrary to popular belief, mortgage lending has been roughly consistent since the middle of 2009 but lending by foreign banks, specialist lenders, and in particular Irish banks, has fallen away.

    It also found the number of mortgage holders unable to pay is far less now than it was during the mid 1990s. This is largely down to the low Bank of England interest rate.

    During the last decade the majority of mortgages were granted not to first time buyers but people wishing to move home and others wanting to re-mortgage their properties.

    Buy to let mortgages made up the smallest sector of lending.

    Between 2007 and early 2009, many companies were selling mortgages at a loss, partly because of fierce competition but also because they were able to subsidise those losses through sales of payment protection insurance, much of which was useless.

    The FSA has taken advantage of a low point in the economy to put in place these proposals ahead of the next boom - whenever that may come.

    A number of proposals, which were considered but rejected by the FSA, include a restriction on the amount a person or couple can borrow when compared to earnings, a total ban on interest only mortgages and tight limits on granting mortgages for people heading into retirement.

    Instead the FSA has proposed the following three rules:

    :: An affordability assessment must be carried out which includes verifying an individual or couple's income. This was not always the case during the last boom.

    :: Unavoidable bills such as utilities, council tax and spending on children must be taken into account.

    :: All mortgage lenders must consider potential rises in interest rates and assess whether a borrower would be able to repay in such an eventuality.

    Commenting on the report, the chairman of the FSA, Lord Turner , said: "We believe that these are common sense proposals which serve the interests of both lenders and borrowers.

    "While the excesses of the pre-crisis period have largely disappeared from the current market, it is important to ensure that better practice endures in future when memories of the crisis recede and the dangers of poor practice return.

    "The three key proposals are, we believe, the most effective way to tackle the problem of risky lending. But it is essential that we understand what their impact would be - how many consumers would be protected from the distress of arrears and repossessions, and, how many consumers who could have afforded a mortgage might have to take out a smaller mortgage or to delay their purchase."

    There is now a three-month consultation period with mortgage lenders, and the FSA says it is in "listening mode".

    The Council of Mortgages Lenders has welcomed the report.

    Lending needs to be responsible and done in a way which protects consumers," said the organisation's director general, Paul Smee.

    "Rules need to be practical and avoid unintended consequences. Whilst there is much detail to be pored over, the FSA's new proposals seem to strike broadly the right balance.

    "If lenders are to make their contribution to improving the supply of housing and to the wider agenda for economic growth, then they need a regulatory framework which also supports that objective.

    "We look forward to working with the regulator to iron out any remaining wrinkles and to move towards a smooth process for implementation. Ideally, this would take account of the European legislative proposals too, so that as far as possible the costs of regulatory duplication are avoided."

    However, Grenville Turner, chief executive of Countrywide mortgage broker, estimates the new proposals could restrict the ability of some people to secure a mortgage.

    "Where the proposals fall short, by the FSA's own admissions, is that 1 in 40 of new customers that would currently be eligible for a mortgage could potentially struggle to get a mortgage if the proposals were introduced in this market.

    "In an environment where lenders are already being extremely cautious with their lending criteria; by placing all affordability assessments at the doors of lenders risk teams this could create an even stricter lending environment."

    The report concluded that "bad lending" has largely disappeared but only because of the current economic environment.

    It is expected that the rules will be implemented in 2013.

     

    104 comments

    • When Will We Learn  •  5 months ago
      Whilst living in Europe for some years I noticed the difference between the ways the British buy houses and the way then Europeans buy them.

      One big difference is when taking a mortgage out you are given a rate of interest and that is what it stays for the life of the mortgage, this level is different between banks and lending houses but with only slight variation. The beauty of this system you know what you have to pay from day 1 until you have finished paying off your mortgage, if you want to change the mortgage to one with a lower interest then you go through the process again.

      The only side effect from this situation is that house prices still constant with inflation, no huge rises in prices when things are good and no drop in price when things are bad, the house you buy in 25-30 years has only risen by inflation so is not out of reach of peoples earnings. Why can we not have a system like that in the UK, oh I forgot, their are those who make a lot of money out of property and they need the fluctuation so the get rich and the average person can not afford housing.

      It is only greed that drives the housing market, if interest rates stayed the same throughout the life of the mortgage then people are less likely to move houses they are also less likely to fall behind on payments as they knew the amount from day one and they are less likely to make profit when selling a house.

      This can not be a bad thing
      • RLW 5 months ago
        That system existed here before Thatcher. Then you went to (wait for it) a Building Society, a mutual society for the benefit of all where you had saved to prove you could make the repayments and to provide the deposit. Banks, the parasitic institutions that were loathed by the Yanks in the thirties, did not lend to ordinary folks for buying houses here. Then came the Big Bang and Hell was let loose. Northern Rock etc was the result.
      • JohnK 5 months ago
        It is my understanding that the continental ones also lock you in for the first ten years such that you cannot profit in the short term. Sounds like a plan to me.
      • helen 5 months ago
        Prices do rise on the continent just as much as here. I bought a house in France 10 years ago for £42k and it is now worth about £150k........so may be not such a big rise as here but it does happen.
    • Steve  •  5 months ago
      This is all well and good but as some have already said way too late and this will only create less demand in the housing market and a real drop in property prices, with lots more negative equity to follow.
      There will also be more people looking for rentals which will create a boom for private landlords and spiralling rents in the the private sector the up shot off all of this will be more homelessness as hard working people will be hit again, all of these measure are about protecting the wealth of the social elite, we need thousands of affordable homes there are already thousands of people struggling to afford rents in the private sector because there is not enough social housing.
      Why are government not looking at these issues is it because they only care about the top 10% in our society, we need affordable housing now what would be wrong with all these boarded up homes being offered to first time buyers on maybe a rental purchase scheme bringing these property's back into the markets and providing homes for hard working people, i know some will say these are in run down areas no one will want them, but i disagree i think thousands will want them bringing regeneration to some of these areas and more than likely improving the whole neighbourhood.
      We need action on affordable housing now for god sakes get your fingers out and look after the hard working people who desperately need help with there housing issues not just the social elite
      • NATACHA 5 months ago
        because steve when you look closely you see that the governments are in the pockets of the banks and vice versa...its an elite club and youre not in it, WE are not in their elite club of the upper 1 percent who are rich at the expense of us all....we put them there by banking with them in the first place..and now they just want us to behave nicely so they can continue to grasp as much profit as they can before it all grinds to a halt, there is no democracy... there is only chevron and shell oil and imf and morgan chase etc..the world is a business and we need to realise that all governments are criminal! steve have you checked out a movie called "zeitgeist addendum" you can see it for free google it and it should come up , the director wanted everyone to see it for free so that we can really know the truth
      • Steve 5 months ago
        yes i have thank you, but as you are very probably aware none of the three main parties will ever change this system because it is what keeps the political funding rolling in from these corrupt establishment
      • The_Fox 5 months ago
        30% falls here we come, just brilliant!!.. I am sick of the politicians and so called finance sector screwing this country up
    • TG  •  5 months ago
      This is all about 40 years too late! The rot set in when demand for house sales shot up causing property prices to go through the roof when the earnings from both patrners were taken into account for mortgages! The same argument for more strict lending should also be applied to credit cards! Its a nonsense when someone with not a pot to pi** in can go from shop to shop and get half a dozen store cards at 29% APR in a day!
    • helen  •  5 months ago
      People have got to wake up to the real world and realise that we can no longer live on credit, and that if you can't afford it, don't buy it. Too many people have too high expectations of what life owes them. This goes for housing too. If you can't afford a sensible mortgage then why should anyone risk lending you the money to have one? We need to get back to basic economics where each individual is responsible for their own debt and debt should only be taken on after very considerable risk assessment both by the borrower and the lender.
      • Iluminati E 5 months ago
        helen.. when people cant even get a rental home are council home because the cost of the private sector is too high or houses over priced you tell me the solution..sure your right when you say people should not get in debt,unforunatlty into days climate.. you might have too to get a roof over your head,,
      • Terence Jones 5 months ago
        Neither can the MPs live on the credit of the people. They live on high expectations of what we owe them. Helen ....your thought is as cold as ice, the only thing living is your body.
      • Spatz 5 months ago
        How come the bosses and directors can have pay rises of 49% last year - will have pensions of over £150,000 whilst the workers are on pay freezes,pay cuts and facing the sack - stop listening to the self serving media millionaires and their lackies - Workers are being treated as chattels to be sold to the lowest bidder - this government is attacking the public sector because it is the last area of the work force which is united - just as Thatcher attacked the coal miners ( not because we did no longer need coal - look at the price we are now paying for imported coal)
    • Angry Bear.  •  5 months ago
      A phrase "Closing the barn door after the horse has bolted" comes to mind.

      It was the banks lending stupid amounts without thought of how people would repay it got us into this finicial melt down. and they still get thier hugh bonuses????? or layed with with hugh pay offs??
      • Caroline 5 months ago
        The banks weren't they were told by Government that they had to give people bank accounts and lend mortgage monies
      • capn sensible 5 months ago
        Who is Hugh?
    • Alan  •  5 months ago
      This will put extra strain of the rental sector where there is already a national shortage especially of affordable properties for those who are on lower incomes. All borrowing is far too easy, good examples are the growth in the likes of Wonga. The FSA are right to do this but without a complete package those who have will find things easy but those who are on lower incomes will be hardest hit once again. The Government are good at grabbing the symptoms of the fall out but what about fixing the core problem, start off with barring Registered Social Landlords from building property for sale until the rental shortage is not so severe couple this with limiting rental charges for far too many are as expensive as a mortgage. That is the property owners ripping off those in greatest need but that is par for the course in rip off Britain, energy prices are the dearest for those on lower incomes.
      • RLW 5 months ago
        If folks lived within their means Wonga wouldn't exist.
      • helen 5 months ago
        Rents are set by the market depending on supply and demand. It would be almost impossible to cap them as rents vary so much from one area to the next. Also, if you buy a house to let it out you need to get back enough in rent to cover the mortgage, so if they suddenly started imposing rent caps, that would leave a lot of small time property investors unable to pay the mortgage leading to more houses being repossessed and more people facing homelessness. What needs to be done is leave the private rental sector to the forces of supply and demand but make sure there are enough social rentals available too which would be means tested for applicants genuinely in need.
      • Andy 5 months ago
        "enough social rentals available" - yes Helen.
        "affordable properties for those who are on lower incomes." - No Alan. If people can't afford something due to low income, then they can't have it..schimples.
        You don't legislate to ensure everyone can have a BMW if they can only afford a Kia.
        That is whats wrong with peoples attitudes these days, instance fame and wealth without the need to actually do anything beneficial. The something for nothing brigade are now more famous than the PC crowd or single lesbian mother movement.
    • A Yahoo! User  •  5 months ago
      You don't buy a rolls royce when youn can only afford a ford focus live within your means buy in haste repent at leisure
    • diablo  •  5 months ago
      At last common sence, i realise the current government could not do this earlier because of the weakness of the banks, but something like this should of been put in place ten years ago when the madness started, any reasonable person should of been able to see that house prices almost trebling in five years was going to cause problems for first time buyers and people overstretching their finances
    • HELEN B  •  5 months ago
      The Financial Sevices Authority needs to understand that the banking crisis was not caused by customers but by the ludicrous profit potential arrived at by deliberately defaulting customers . Credit reference agencies should be outlawed because they serve no purpose other than to work tirelessly at showing all and sundry as high risk thus to allow banks , mortgage companies , loan sharks etc to charge hugely inflated rates . It was money for nothing until they pushed too hard and left 90% of the population , the vast majority of whom were unjustly defaulted , trapped in an ever increasing spiral of debt . It was the ludicrous fees and charges based on questionable defaults that ultimately broke the population and then the bank .

      Only a ceiling on all money lending profits will return consumer confidence and return our nation to stability . 150% max profit and banks would have to work for thier money just as thier customers do .
    • Jean  •  5 months ago
      Well I agree with the criteria in general, But what is the alternative for young people and first time buyers, Its virtualy impossible to get decent affordable rented property now.
    • The_Fox  •  5 months ago
      Well this is going to cripple 100,000s of people that have purchased properties in recent years. The housing market is already on it's knees, Righmove this morning has shown a fall for december of 2.7% just for one month, last month they showed a 3.1% fall, and just to make what already is going to be a tough 2012 they are going to make it even tougher for people to buy a home. After this news I might as well hand the keys back to me house, 30% plus falls are certain now.
    • speak out  •  5 months ago
      if everyone stopped paying thier mortgage and maintaining thier property the banks would not give in they would cave in, be in control of the bank not the bank in control of you. any mortgage payer is doing the bank a favour as we only maintain the property for them until they wish to capitalise on us and re possess our own homes, thanks again bankers for taking such big bonuses, go away and dont come back...
    • Michelle  •  5 months ago
      The regulations should have always been in place and we should get back to 3 x salary and 2.5 x joint salary. It is because these multiples were extended to 5 x salary that house prices continued to rise at excessive rates. And that is the bottom line. House prices are way too high and unaffordable. Its all very well fudging a system to enable people to buy, but keep the basic affordability rules in place. I remember 14% interest rates on my mortgage in the early 1990's. 5 x salary does not in any way shape or form allow for increases in rates.
    • StollenCakeHead  •  5 months ago
      well with no council houses being built, overinflated private landlord rents, looks like theyll be a lot of tents sold after xmas and a boom in caravan sites ! :)
    • M  •  5 months ago
      Despite the FSA's rejection the market should go back to the time when borrowers could only borrow two-and-a-half times a single salary and three times a joint salary. This would force the price of property down to affordable levels so that first time buyers get a chance. I can hear certain sections of the market squealing already. To them I say this. Homes should be primarily a roof over your head and not been seen as a gilt edged investment. The above article makes no reference to other agencies involved in the problems, such as estate agents. All the while these commission based services have a vested interest in pushing up prices there will be problems. Furthermore, any restriction put into place that are nothing more than advisory or voluntary will be ignored or circumvented in the push to make money - as it always is.
    • Whoo  •  5 months ago
      But this will still allow MP's to buy houses AND second houses WITH mortgages out of their "Expenses" from our taxation money while shafting us so we cannot afford to get a mortgage for ourselves............ sounds about right !!
    • Nigel J  •  5 months ago
      Introducing new tougher legislation now after the banks have all been bailed out; so what were all the highly paid "expert" executives at the FSA doing while this reckless irresponsible lending was going on? turning a blind eye and filling their coffers with over-paid salaries and enhancing their pension pots no doubt!!!
      Closing the gate after the horse has bolted would seem a very appropriate comment!!!!!!!!
    • GEOF  •  5 months ago
      This is the THIRD attempt to comment on this topic. Who is the CENSOR ??

      I well remember 1973. After leaving HM Forces, I sucessfully sought work in my "home town". The Council offered myself, wife & 2 "toddlers" a 2 bedroomed, ground floor Maisonette. We had to lug the prams/push-chairs UP 2 flights of "open concrete stairs" (NO LIFT), at the end of a 400 yard long"ticky-tacky" block built into a hillside! Under our place were 4 "OAP Flats" with "french windows" opening-out onto a paved Courtyard for Private Recreation, AND "constant complaints re "crying babies, children running around rooms & nappies left visibly drying on the balconies" and cars left in the Allocated space, but blocking THEIR VIEW of the surrounding, distant Countryside !!! We subsequently found a 3 bedroomed property, on a local private estate. Messrs Halifax DEMANDED a 15% DEPOSIT, and wrote to the Company Secretary of my NEW Employer, seeking FULL DETAILS of IF I was actually employed by them, and what were my EXACT PAY DETAILS !! Those Were the Days.....
    • *EnglishGirl*  •  5 months ago
      LOL how about checking to see if they have any previous debts and have been paying their utility bills on time surely this would prove who is trustworthy or not.
      I wanted to borrow £60,000 with a deposit of £150,000 which i recieved inheritance.
      They banks refused me because i hadn't previously borrowed money but i have never been late paying my rent or council tax and i am a responsible person so i think there rules are incredibly unfair.I would never not pay my morgage i am just not like that.
      It's not fair.
    • mikey  •  5 months ago
      The average Chinaman in employment saves between 30-50% of his wages each month. The average Englishman has already spent it all, sometimes 20 years in advance before he's even earnt it. If one word sums up the shiz we're in, whether it's individually or governmental, it's 'Borrowing' and it's this borrowing stupidity that's pushed houses out of the budget and income of first time buyers. Dishonest banks lending money to greedy little monsters. It's never the people who cause these problems that end up paying for it. They send us all bankrupt then hold out their hand.