5.4 Borrowers
| Permitted borrowers | - Natural person (over the age of 18)
- Company
- Trustee of a Trust or
- Trustee/s of a Self Managed Superannuation Fund.
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| Excluded borrowers | - Limited Liability Companies
- Associations
- Churches
- Clubs
- Minors (persons under the age of 18).
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| Restrictions apply (see below) | - Borrowers of convenience
- Non-residents.
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5.4.1 Companies and Trusts
- For company loans, all directors and shareholders (excluding 'Notional Directors') must provide unconditional joint and several personal guarantees
- In the case of a trust, where the trustee is a company, directors and shareholders are required to provide unconditional joint and several guarantees as mentioned above
- The trustee of the trust must always be the borrower in its own right and as trustee for the trust
- This requirement applies to both family/discretionary and unit trusts.
5.4.2 Trustee/s of a Self Managed Superannuation Fund (SMSF)
LMI cover for loans to SMSFs is only available where the Lender has executed the relevant Addendum to the Master Policy setting out additional terms in relation to this cover. In addition to standard requirements for trust borrowers the following policy restrictions also apply.
| Feature | Additional Underwriting Policies |
| Maximum LVR & Loan Amount | Loan Amount | Maximum LVR (including LMI premium) |
| Up to $500,000. | 80%. |
| Maximum Exposure (per borrower) | - As per Standard LMI Product Parameters section 4.1.
|
| Product Availability | |
| Loan Type | - Limited recourse loan which complies with the relevant legislative requirements (and any associated regulations).
|
| Loan Term | |
| Repayment Type | - Principal & Interest (P&I)
- Interest-Only (IO)
- IO Converting to P&I within 10 years.
|
| Borrower | - SMSF Trustee/s, which hold the beneficial interest in the security property, has
the right to acquire the property from the Property Trustee, and is permitted to
borrow in accordance with the relevant legislative requirements (and any associated
regulations).
|
| Mortgagor | - Property Trustee/s, which meet the requirements of the relevant legislation (and any
associated regulations). Holds the legal interest in the security property on trust for
the SMSF.
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| Security | - In addition to the general requirements regarding the security property described in section 5.8, loans made to SMSF Trustee/s must be secured by a “single asset”comprising a security property on a single title (not two or more separate titles) and the loan must not cover any additional assets purchased at the time of property
purchase. This includes furnishings or other items which are not fixtures
- Excludes:
|
| Guarantors | - Loans must be supported by personal guarantee/s for the full amount of the loan
from all beneficiaries of the SMSF. Guarantees must be in accordance with the
requirements of the relevant legislation and associated regulations.
|
| Loan Purpose | - Purchase of an investment property plus costs
- Refinance of an existing SMSF loan plus costs
- Excludes:
- Construction Loans
- Equity Release/Cash Out or Debt Consolidation
- Purchase/Refinance of properties occupied by SMSF beneficiaries or related parties
- Non Arms length transactions
- Purchases from a related party of the SMSF Trustee/s
- Purchase or refinance of owner-occupied property
- Home Improvements
- Off-the-plan purchase
- Bridging Finance.
|
| Serviceability |
Serviceability should be calculated allowing for the following:
- 80% of rental income from investment properties held by the SMSF
- Income from interest/dividend earning investments to be assessed using a deeming rate of 3% (in some circumstances higher rates may be used in calculating serviceability - Refer to section 6.1.3 Verifying Income for further details)
- Income derived from other assets is to be excluded
- Only mandatory superannuation contributions (currently 9% of superannuable salary) to be included
- Superannuation taxation rules apply
- Negative gearing benefits excluded
- Must allow for on-going expenses associated with running a SMSF
- Loan repayment amount to be calculated on a principal and interest basis.
|
| Other Exclusions | - Additional Loans/Top Ups
- Substitution of Security.
|
| Lender Responsibility | - SMSF and Property Trust Deeds, guarantees and loan agreement must comply
with relevant legislative requirements (and any associated regulations) including
those which apply in relation to SMSF borrowing, the giving of security and the
appointment of a nominee
- Lender to obtain confirmation that SMSF is in compliance with the relevant
legislation and associated regulations at the outset of the loan, which must be
evidenced on the loan file
- SMSF Trustee borrowers and guarantors must obtain independent legal and
financial advice and proof of such advice must be retained on the loan file
- Lender has verified guarantors financial position as being able to meet the
obligations under the guarantee
- Lender to pursue guarantors issuing all notices up to and including the Notice
of Demand prior before making LMI claim. Refer to section 8.3.7.1 Recovery from
Guarantors for further information.
Note: Genworth will not cover any loss arising from breach of the legislative or regulatory
requirements (refer to the terms of the Master Policy Addendum). |
5.4.3 Graduates (Graduate Package)
The Graduate Package allows recent graduates who have entered their profession to purchase property earlier in their career and in the location of their choice. The following parameters apply to loans made to graduates.
| Feature | Additional Underwriting Policies |
| Product Availability | - Standard LMI only
- HomeBuyer Plus.
|
| Borrower eligibility | - Must hold a university degree qualification
- Must be employed within an occupation related to the degree qualification
- Graduated within last 5 years
- Minimum salary of $50,000 pa.
|
| Loan Term | |
| Minimum Term in Employment | - 12 months continuous employment in the same industry or
- 6 months with current employer
- Probation and training may contribute to the minimum term in employment.
|
| High Density | - Maximum 95% LVR for High Density postcodes
- Eligible First Home Buyers are acceptable for High Density postcodes (ie developments with over 35 apartments).
|
| Income | - 80% allowable rental income from properties located in High Density postcodes.
|
| Additional Verification | - Must obtain satisfactory written evidence of university degree qualification.
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5.4.4 Borrowers of Convenience
- A borrower of convenience is defined as a borrower that is added to the loan application to provide serviceability and/or security but does not receive a tangible benefit from the loan transaction
- Borrowers must have a beneficial interest in the loan transaction either by way of joint ownership of the security and/or dependence on the mortgagor in a marital or defacto relationship
- It is not acceptable for a person to be joined in a loan simply to provide income support for servicing, or simply to provide added security for another party to purchase a property.
5.4.5 First Home Buyers
- 'Genworth FirstHome' is a Genworth initiative aimed at helping First Home Buyers afford their first home sooner
-
This scheme provides for a special premium rate and the option to capitalise the premium payable into the loan amount
Note: For premium rates, please ask your local Genworth Relationship Manager for full details.
| Feature | Additional Underwriting Policies |
| Product Availability | - Standard LMI
- Family Pledge
- HomeBuyer Plus.
|
| Borrowers | - To be eligible for this initiative, the borrower must be eligible for the government's FHOG and this should be indicated in the LMI Proposal form submitted with the proposal.
|
| Lender Responsibility | - Must obtain written evidence of FHOG eligibility.
|
5.4.6 Non-residents
- For the purposes of this Underwriting Policy, a Non-resident is deemed to be any person without permanent residency status in Australia, and/or any person who resides and is employed in another country
- New Zealand citizens living and working in New Zealand or permanent residents of New Zealand are considered residents of Australia and are not treated as non-residents.
| Feature | Additional Underwriting Policies |
| Maximum LVR & Loan Amount | Loan Amount | Maximum LVR |
| Up to $500,000 | 80% |
| $500,001 - $750,000 | 75% |
| Maximum Exposure (per borrower) | $500,000 | 80% |
| $750,000 | 75% |
| Product Availability | |
| Borrowers | - Must be a "High Net Worth Borrower" - Refer to definition in Glossary
- When calculating the net asset position, the inclusion of international assets such as stated real estate and /or investments is permitted
- Where one borrower is a citizen or permanent resident of Australia or New Zealand and the other borrower is a non-resident as per above definition, any proposal will be assessed under Standard LMI Underwriting Policy and not under the Non-Resident policy above
- Non-resident Self-Employed, company or business borrowers are excluded.
|
| Employment/Income | - Standard income and employment policies are to apply. Acceptable income evidence must be translated into English and converted into Australian Dollars using the current exchange rate
- A maximum of 90% of overseas income converted to Australian dollars may be used for serviceability purposes.
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| Lender Responsibility | - Where required, must obtain written evidence that Foreign Investment Review Board approval has been granted.
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