ASIC Sues Westpac’s RAMS for Home Loan Misconduct

Corporate regulator ASIC has taken legal action against Westpac’s RAMS, accusing the lender of widespread misconduct related to home loans. The lawsuit alleges that RAMS failed to oversee its staff adequately, leading to instances of falsified pay slips and manipulated financial information on mortgage applications. These actions, according to ASIC, violated credit laws and involved unlicensed practices between June 2019 and April 2023.

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One specific case highlighted by ASIC involved a RAMS franchise employee creating a fake home purchase contract. Additionally, there were instances of fabricated wage details from non-existent employers, supported by bank statements showing corresponding payments. The regulator noted the challenge in determining the level of awareness regarding the submission of false documents in loan applications.

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Financial technology company Fortiro’s co-founder, Sean Quagliani, emphasized that around 3% of loan applications may contain irregularities, including the falsification of income details. Quagliani highlighted the risk associated with “liar loans,” where individuals manipulate documentation to secure loans. However, pinpointing the exact source of such fraudulent activities remains challenging, with suspicions ranging from applicants themselves to brokers or lenders facilitating the deceit.

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While the RAMS brand under Westpac has admitted liability for the misconduct and compensated affected customers, ASIC is pursuing penalties through the legal system. Westpac’s decision to close RAMS to new home loan applications in 2024 marked the end of an era for the brand, absorbing existing loans into its broader operations. The regulator’s allegations also point to RAMS engaging with unlicensed referrers, a practice that has drawn scrutiny in the aftermath of the banking royal commission.

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ASIC’s legal action underscores the importance of ensuring compliance and ethical practices within the lending industry. The potential financial repercussions faced by Westpac serve as a cautionary tale for other financial institutions, emphasizing the need for robust oversight and governance to prevent similar misconduct. The ongoing legal proceedings are expected to shed further light on the extent of the alleged misconduct at RAMS and the broader implications for the mortgage lending sector.

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As the case unfolds, industry experts and stakeholders will be closely monitoring the outcomes and potential regulatory changes that may arise from this episode. The ramifications of the ASIC lawsuit against RAMS extend beyond individual misconduct to systemic issues within the lending landscape, prompting a reevaluation of industry practices and risk management protocols. The ultimate resolution of this legal battle will likely set a precedent for how financial institutions handle compliance and customer protection in the realm of home loans.

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