Watch out Westpac's bullying techneques， updated, see #49

darkness1986

一曰方茗 发表于 2014-2-26 19:03
ta帖子里说还有一个房子

"...put my new property together with the one left to BNZ instead of wes ...

我的贷款是分成2 份的 但是房子是绑在一起的 ，就因为他原始的deed里面是没有列出 loan detail 所以这份文件本身就有争议了 加上我签字之后银行的人多loan detail做了修改 完全没有通知我 在修改部分签字，我是今天问银行要文件才发现 他们做了改动

darkness1986

一曰方茗 发表于 2014-2-26 19:39
我也很同情你的处境, 只是把反面观点举出来这样你可以更全面地分析这件事, 有理有据地去争取你的权益.

...

谢谢，你的观点对分析很有帮助

一曰方茗

darkness1986 发表于 2014-2-26 18:46
谢谢，你的观点对分析很有帮助

祝你挑战成功{:8_479:}

绿茶欣

你是把一个房子卖了，然后把westpac所有贷款都还清了么？如果没有，按你说的还了95%，还有5%没有还就转银行，那就是re-finance.

darkness1986

绿茶欣 发表于 2014-2-26 23:28
你是把一个房子卖了，然后把westpac所有贷款都还清了么？如果没有，按你说的还了95%，还有5%没有还就转银行 ...

卖掉之后还省2万不到我和westpac 提了马上还清这样之后我买的房子和哪家贷款都和westpac没有关系，他们不但不回应还直接 威胁我 不还cash back 不discharge 房子

HotSpring

也是和westpac签了那个两年的条约， 我当时就觉得他没有把refinance定义的很清楚，所以还特意问了银行，refinance means change bank, doesn't not include I paid off mortage, 他们说是的。 我觉得你这个胜算很高。

宇宙飞船

LZ, I have been working with Westpac for many years and I would like to explain something here.
Correct me if I am wrong, my understanding is you have two properties mortgaged with Westpac. Now one has been sold and you want to take the one left to BNZ.
Firstly, mortgage & home loan are two difference theory.

• Mortgage which means you give your properties to the Bank as a security, but that doesn't necessary mean you owe anything to the Bank. You could have a limit with zero balance or even no loan account, but you still have the Bank registered as a first mortgagee on the title.
• Home Loan - that would be simple. You have a loan with the Bank using your house as the security.
  

So in your case, the owing balance is not the issue, even you have paid 100% of the home loan, your properties are still mortgaged to the Bank.
Secondly, the question about the document you signed with the Bank. 'Refinance' means you give your property to the other Bank as a security. How much you owing is a different matter.

To sum up, if you simply sold your properties, there is a point to argue, but if you only sold one and 'refinance' the other property.
Then I would doubt about your complaint.
I would suggest you to repay the cashback in order to let the settlement goes through first.

darkness1986

宇宙飞船 发表于 2014-2-28 11:54
LZ, I have been working with Westpac for many years and I would like to explain something here.
Cor ...

thank you for your explanation.
there is something i dont understand.
Firstly, if i sold 1 property and paid off the remaining loan, what's the point of keeping the existing house as security to westpac?. i believe if the loan account balance is zero, i can request to discharge the property on the date the balance is paid off? Am i right? then whether i give the existing property to other bank for security or not, should not be a concern of Westpac.

Secondly, is it legal to alter details on a contract post the other party signing the document?

Last but not least, usually when you apply for a home loan with any bank, they will ask you to register the bank as first mortgagee.
therefore, based on the defination give by you, is it correct to assume that it is not necessary to put the bank as first mrotgagee when taking on a home loan?  that is to say that banks are fooling us to register them as first mortgage and hence make it hard for us to change bank?

宇宙飞船

darkness1986 发表于 2014-2-28 12:27
thank you for your explanation.
there is something i dont understand. if i sold 1 property and pa ...

Well, normally that's not a concern to the Bank, but because of you have taken the conribution money, so that will be a problem now. Also given you or your solicitor has already told the Bank that you will take your other property to BNZ. So that's 'refinance'.
I can undrestand your frustration, but the Bank would appreciate your understanding as well. The purpose of contribution money is to retain customers, but because of some people were using this strategy to make money i.e. changin bank every 6-12 months, the Bank has no options other than asking customers to sign the agreement.

To your question, I am not sure what detail or information they changed. So I think to be fair, I couldn't say legal or illegal until I see the document.

宇宙飞船

darkness1986 发表于 2014-2-28 12:27
thank you for your explanation.
there is something i dont understand.
Firstly, if i sold 1 pro ...

I need to correct you here. You must put the Bank as first registered mortgagee before you can have any home loans.
Otherwise, why the Bank lends you money without any securities.

NewLynnHse

越说越乱了。。。哈哈

gwu

觉的westpac 2 年这个挺合理的。但他们要给客人解释清楚

darkness1986

宇宙飞船 发表于 2014-2-28 12:44
Well, normally that's not a concern to the Bank, but because of you have taken the conribution mon ...

i understand where you comming from. however, i find it hard to agree with you.

firstly, it does not create an issue/ arguement until the date i give my existing property to BNZ as a security. in other words, it is not effectively a refinance until the settlement date. (ie the settlement date for my new house which is 28/02/14). whether the bank has been informed with my decision or not is irrelevant here. as long as the loan is paid off and property discharged before 28/02/14, it is not qualified as a refinance. i have apporached westpac regarding this option and in return i received a threat.

more importantly, if a bank is truely good at customer services and easy to deal with, i believe people is more likely to stay rather than switching banks. particularly in my case, it has caused me a lot of stress already try to solve the issue and let the settlement goes through. if westpac is as good as they advised, i would not go through all these troubles, just for the sake of an easier "life" in the future.

with westpact's attitude, i am more certain that i made a great decision to use BNZ for my new property.

darkness1986

宇宙飞船 发表于 2014-2-28 12:49
I need to correct you here. You must put the Bank as first registered mortgagee before you can hav ...

then the defination you given earlier doesnt make sense. im confused. in that case home loan is basiclly a mortgage.

darkness1986

gwu 发表于 2014-2-28 13:02
觉的westpac 2 年这个挺合理的。但他们要给客人解释清楚

agree, not all account manager explain these properly. in may case i was basiclly given this contract at last minute before settlement.

宇宙飞船

Well, I am not trying to make the judgement here. I am just trying to help you with this issue.
Just to make it simple, the agreement you signed basically gives the Bank power to call back the contribution money if the mortgage is to be discharged within two years.  
If you really want to discuss, PM your number.

darkness1986

宇宙飞船 发表于 2014-2-28 14:26
Well, I am not trying to make the judgement here. I am just trying to help you with this issue.
Jus ...

THANKS IM SIMPLY DISCUESSING THE ISSUES WITH YOU, DONT TAKE IT PERSONALLY.

it needs to be pointed out that the document i signed clearly states " refinance" rather than "discharge" or any other words the bank prefer to use. i understand you might feel obligated to defend your own bank.

since the westpac staff has threated me, it has been brought to the attention of westpac's complaint team and it will go further to bank obus.. if needed. i just dont take threat very well.

宇宙飞船

I don't really care about Westpac. :-)

Anyway, if you need any helps, PM me.

darkness1986

just an update, i made an complaint to westpac compaint department.
they have now waved the cash back repayment.

微苦蓝山

如果你從其他銀行借錢，來提前還清你的貸款，爲什麽這不是refinance呢？
純探討

darkness1986

微苦蓝山 发表于 2014-2-28 16:55
如果你從其他銀行借錢，來提前還清你的貸款，爲什麽這不是refinance呢？
純探討

pure discussion.

when i say pay off the remaining loan, i mean use my own money to pay it off.

if you use money from other bank to pay it off there are two possiable senarios. the precondition is that the loan is paid off and property discharged before changing to another bank. otherwise it will be a refinance.
1. if the amount to pay off is substantial, hardly the other bank will release funds before security is transfered.
2. if the amount to pay off is not material, there is a good chance that the other bank will grant the funds before security is transfered. then you need to pay it off and discharge the property before settlement. usually asian will have some saving and can pay off small amount. so this senario is not usual.重点是不通过律师还钱

微苦蓝山

darkness1986 发表于 2014-2-28 17:18
pure discussion.

when i say pay off the remaining loan, i mean use my own money to pay it off ...

嗯，重點是先接到錢，然後還錢終止貸款，還是要先轉貸款，才能借錢還清貸款
在法律上的確有差別

wingzero

请问如果没有签这份合同 break掉westpac的homeloan，
合同里写的是要赔偿手续费之类的。。。
一般需要多少钱？
是不是也要把cash back还回去呢？

John.G

wingzero 发表于 2014-3-4 19:31
请问如果没有签这份合同 break掉westpac的homeloan，
合同里写的是要赔偿手续费之类的。。。
一般需要多 ...

没签那2年的deed of agreement就不需要
Westpac的break fee比较高点 300刀+100刀 doc fee 如果break时的利率比签的利率要低则有罚款否则没有

papa_ohyeah

John.G 发表于 2014-3-4 22:01
没签那2年的deed of agreement就不需要
Westpac的break fee比较高点 300刀+100刀 doc fee 如果break时的 ...

请问这个是律师直接搞定的吗？
400刀怎么交？
他是根据什么要求把cash back 要回去？