EU draft law to crack down on "liar" home loans

Published 31st Mar 2011

People looking for a mortgage will have to prove they can repay the loan under a draft European Union law aimed at stamping out the easy lending that fuelled property bubbles in Ireland and elsewhere.

The EU's executive European Commission published its proposal on Thursday, the day a health check of Irish banks, whose woes stem from stoking a housing bubble, was expected to reveal a 25 billion euro black hole.

EU Internal Market Commissioner Michel Barnier, who authored the measure, said that during boom times in Europe borrowers and lenders assumed the good times could not end.

The home loans industry is equivalent to half the EU's economic activity but is segregated along national lines with little cross-border competition.

Barnier wants to introduce competition while, at the same time, ensuring consumers are protected and do not take out loans they cannot afford.

The draft law needs approval from EU states and the European Parliament and covers all loans for buying a home as well as some loans to renovate a property. It also covers all loans guaranteed by a mortgage or comparable security.

Borrowers will have to provide necessary detail about their ability to pay and lenders will be obliged to assess a customer's ability to repay.

Britain, whose own housing market turned frothy in recent years, has been holding a public consultation on effectively banning self-certified mortgages, or so-called "liar loans", whereby the borrower has not given proof of income.

The Financial Services Authority said it will conduct an impact assessment on its plans this summer.

European consumer organisation BEUC said Barnier's plans would finally address irresponsible practices.

"Borrowers cannnot afford to be sold a bad deal. The next step is to extend these rules to all types of consumer credit," director general Monique Goyens said.

Borrowers will be given a standardised information sheet before signing a contract, giving key price elements such as interest rate charged so they can compare offers easily.

UK BEUC member Which? said in January some lenders in Britain charged 29 different types of fees for a home loan.

All consumers would have the possibility of repaying a home loan early and every intermediary offering mortgages will be directly regulated, Barnier said.

Source: ' Reuters '

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