Refinancing your mortgage for debt consolidation: Know your rights

Refinancing your mortgage to a debt consolidation loan has drawbacks. Make sure you know your rights and responsibilities so you can manage your finances successfully.

Your rights when refinancing to a debt consolidation loanA mortgage refinance is often used to consolidate credit card and personal loan debts. It is seen as an attractive strategy because a home loan is normally offered at a much lower interest rate-- such as an average variable rate of 4.5%-- compared to an interest rate of around 14.5% for personal loan debt.

If you refinance to a debt consolidation mortgage, you can reap the benefits of lower interest and the ease of managing one combined payment. However, there are some risks that you need to be aware of in order to remain in control of your finances.

As a borrower, you have several rights when you refinance to a debt consolidation mortgage such as the right to negotiate and file a formal complaint, the right to free legal and financial counselling and the right to receive adequate notice in the event that your lender intends to take legal action against you.

Know your rights when you refinance to a debt consolidation mortgage to ensure that your lender and broker acts ethically and responsibly.

What should I look for in my debt consolidation home loan contract?

Lenders are required by law to provide you with documents that outline your rights and responsibilities, the home loan contract and the comparison rate schedule.

If any section of your refinancing debt consolidation home loan contract is unclear, you should ask your broker or lender to explain it to you. You should also use the following checklist to make sure that all relevant terms are included in the contract:

  • Details about the lender’s license with ASIC
  • Total amount of borrowed funds
  • Total amount to be repaid including interest charges
  • Loan term
  • Calculations and adjustments made on interest rates
  • Whether or not the debt consolidation home loan is secured
  • Whether or not mortgage guarantee insurance is required
  • All fees and charges associated with the home loan
  • How often you will be given an account statement
  • Repayment frequency

Learn more about your rights and responsibilities when refinancing a home loan.

Statistics about debt consolidation

credit card debt consolidation $4,300 - the amount of debt the average Australian has on their credit card

Interest debt consolidation$700 - the amount of interest the average cardholder pays each year

What rights should I be aware of when refinancing for debt consolidation?

  • Negotiation and complaints. Under the National Consumer Credit Protection Act 2009, you have the right to apply for a home loan repayment arrangement if you are experiencing financial hardship. If this is the case, you should speak with your lender to see if you can apply for a hardship variation (as outlined in section 72 of the National Consumer Credit Code). An option you may want to consider is whether or not you can apply for a repayment holiday (for a mortgage). When you apply for a hardship variation, your lender or bank is legally obliged to respond within 21 days to notify you of the outcome of your application. If you are not satisfied with the outcome, you can lodge a dispute with the Financial Ombudsman Service (FOS).
  • Choice of provider. When you refinance your home loan, you have the right to choose your new home loan provider. You shouldn’t be pressured or intimidated by sales representatives from a bank- you have the right to refuse them.
  • Notice from your lender. Your lender or bank must provide you with a default notice that gives you a minimum of 30 days to repay any missed payments. This must be provided to you before they take legal action.
  • Financial counselling. The Australian Securities and Investments Commission (ASIC) provides an online financial counselling service to borrowers in distress. You can also use the free Debt Self Help Online Assessment Tool to get a customised review of your debt status.
  • Free legal advice. If you need legal advice but you cannot afford to consult a solicitor, you have the right to use community legal centres, legal aid and consumer credit legal services.
  • Repossession of property. Certain procedures must be adhered to if your home is to be repossessed by your lender. If you default on your repayments, then the lender should send you a default notice with at least 30 days to fix the default. If the default and normal repayment are paid, then the contract will proceed as normal and the lender cannot take legal action. However, if the repayment is not paid within this time period, the lender can make the whole loan repayable and repossess your home to recover the debt. If this happens, the lender must provide you with a statement of claim or summons served on you for the arrears and/or the loan debt and/or the repossession of your property. If you need further information regarding your rights in this situation, you can contact a solicitor or visit the Legal Aid government website.
  • Licensed operators. Make sure that your lender or any broker that helps you is licensed by ASIC. If the lender or credit provider is not licensed (or are not a representative of a company that is licensed), then they are operating illegally in Australia and you have the right to enquire about their status. You can check to see if the operator is licensed by searching ASIC’s Professional Registers online.

Compare refinancing home loans

Rates last updated May 27th, 2018
$
Loan purpose
Offset account
Loan type
Your filter criteria do not match any product
Name Product Interest Rate (p.a.) Comp Rate^ (p.a.) Application Fee Ongoing Fees Max LVR Monthly Payment Short Description
3.69%
3.69%
$0
$0 p.a.
80%
Enjoy flexible repayments, a redraw facility and the ability to split your loan. Plus, pay no application or ongoing fees.
3.64%
3.67%
$0
$0 p.a.
80%
A mortgage with a competitive variable rate, limited fees and plenty of flexibility.
3.69%
3.69%
$0
$0 p.a.
70%
Pay no application or ongoing fees and get a flexible loan with the ability to split up to 6 times.
3.64%
4.03%
$0
$395 p.a.
80%
New borrowers or refinancers from another lender get a discounted rate with this package loan.
3.62%
3.62%
$0
$0 p.a.
80%
Pay no application or ongoing fees and get access to a redraw facility and flexible repayment schedule. Refinance to a UBank loan and you could get $1,000 in your USaver account (offer conditions apply).
3.64%
3.64%
$0
$0 p.a.
70%
Get a discount for keeping your LVR at 70% or below with this innovative online lender.
3.68%
3.83%
$0
$10 monthly ($120 p.a.)
80%
Get a 100% offset account to save on interest charges, and pay no application fee.
3.69%
3.71%
$0
$0 p.a.
80%
A great interest rate home loan offer with unlimited redraw and unlimited extra payments.
3.69%
4.06%
$0
$349 p.a.
90%
Package your loan with other AMP products and save on rates and fees.
3.70%
4.13%
$0
$395 p.a.
90%
Package your loan with an eligible credit card for discounts on rates and fees, and get a 100% offset account.
3.77%
3.81%
$200
$0 p.a.
95%
A simplified mortgage with a low interest rate and a redraw facility.
3.69%
3.94%
$0
$248 p.a.
70%
Get a sharp rate and a 100% offset account. Borrowers must have a 30% deposit.
3.68%
3.69%
$0
$0 p.a.
95%
This variable rate loan offers flexible repayments and a redraw facility. Available with a 5% deposit.
3.79%
3.79%
$0
$0 p.a.
80%
Pay no application and ongoing fees with Macquarie Bank Basic Home Loan.
3.54%
3.58%
$0
$0 p.a.
80%
Eligible borrowers can get $900 cashback on this loan with a 100% offset account and a redraw facility.
3.79%
3.81%
$0
$0 p.a.
90%
Buy your home with just a 10% deposit, few fees and a reasonable interest rate.
3.73%
3.73%
$0
$0 p.a.
80%
Get a 100% offset account and pay no application or ongoing fees on this special variable rate for owner-occupiers.
3.74%
3.74%
$0
$0 p.a.
80%
Pay no application or ongoing fees and get access to a redraw facility and flexible repayment schedule.
3.65%
3.66%
$0
$0 p.a.
80%
This special rate loan comes with no application or ongoing fees, and offers a flexible repayment schedule.
3.78%
3.78%
$0
$0 p.a.
80%
Pay no application or ongoing fees and get access to a free redraw facility with this innovative online lender.
3.69%
4.11%
$0
$395 p.a.
80%
Save on interest with a 100% offset account and save on other ME products with this package loan.
3.89%
4.87%
$0
$0 p.a.
90%
Borrow up to 90% of the value of the property you're buying and pay no application or ongoing fees.
3.99%
4.86%
$0
$0 p.a.
80%
Access a fee-free 100% offset account and pay no application or ongoing fees.
3.85%
4.05%
$0
$350 p.a.
95%
This high LVR fixed rate loan allows you to borrow up to 95% of the value of the property you're buying.
4.09%
4.11%
$0
$0 p.a.
80%
This variable rate loan keeps the features simple and fees low. This loan is offered by a 100% online lender.
3.64%
3.78%
$0
$10 monthly ($120 p.a.)
80%
Earn Velocity Points on your mortgage (for a limited time, subject to eligibility requirements). Plus, access a 100% offset account to save on interest.
4.09%
4.12%
$0
$0 p.a.
95%
Buy a home with just a 5% deposit and get flexible repayment options and a redraw facility.
4.14%
4.81%
$0
$0 p.a.
80%
Pay no application fees and access a fee-free redraw facility with this fixed rate loan.
3.99%
4.03%
$0
$0 p.a.
95%
Buy a home with just a 5% deposit and pay no application or ongoing fees.
3.59%
4.42%
$600
$0 p.a.
95%
Get a 1% discount for the first two years of your loan and pay no application or ongoing fees.
3.68%
3.69%
$0
$0 p.a.
90%
Get one free online redraw per month and pay no ongoing fees. Application fees are waived for loans above $150,000.
4.39%
5.42%
$300
$10 monthly ($120 p.a.)
95%
Lock in a fixed interest rate term for repayment certainty.
3.89%
4.97%
$0
$395 p.a.
95%
Get discounts on a range of Commonwealth Bank products and enjoy the option of fee-free extra repayments during the fixed term.
3.89%
4.96%
$0
$395 p.a.
95%
Refinancers can get $1,500 cashback. Conditions apply. Package your home loan with a Qantas rewards earning Amplify credit card.
3.89%
4.88%
$0
$395 p.a.
95%
Refinance from your existing loan and get a $1,250 rebate. Terms and conditions apply. Plus get discounts on a range of Westpac products.

Compare up to 4 providers

How can I ensure that my rights are upheld when I refinance?

When you apply for a debt consolidation mortgage refinance, ensure that:

  • The lender or broker is licensed by ASIC
  • The lender or broker fully informs you of all the product details and fees and provides all the required documentation
  • Your repayments have been reduced, not increased
  • You have gained control over your debts and will benefit financially from the refinance
  • You have avoided companies that make unrealistic debt-free claims or those companies that engage in equity stripping practices

Images: Shutterstock

Belinda Punshon

Belinda is a journalist here at finder.com.au. Specialising in the home loans and property sections, she is passionate about helping Australians improve their financial wellbeing.

Was this content helpful to you? No  Yes

Related Posts

Home Loan Offers

Important Information*
UBank UHomeLoan Variable Rate - Discount Offer for Owner Occupied Variable P&I Rate — borrowing $700,000 or more

Pay no application or ongoing fees and get access to a redraw facility and flexible repayment schedule. Refinance to a UBank loan and you could get $1,000 in your USaver account (offer conditions apply).

Newcastle Permanent Building Society Premium Plus Package Home Loan - New Customer Offer ($150,000+ Owner Occupier, P&I)

New borrowers or refinancers from another lender get a discounted rate with this package loan.

Ask an Expert

You are about to post a question on finder.com.au:

  • Do not enter personal information (eg. surname, phone number, bank details) as your question will be made public
  • finder.com.au is a financial comparison and information service, not a bank or product provider
  • We cannot provide you with personal advice or recommendations
  • Your answer might already be waiting – check previous questions below to see if yours has already been asked

Finder only provides general advice and factual information, so consider your own circumstances, or seek advice before you decide to act on our content. By submitting a question, you're accepting our Terms and Conditions and Privacy Policy.
Ask a question
Go to site