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TMM - News

FSCL case highlights clawback danger

Thursday 29th of July 2021

A case study published online by the dispute resolution service tells the story of two homeowners who successfully fought against a commission clawback after claiming it was unfair.

The two homeowners asked their adviser to arrange financing to fund a second home, refinancing their existing mortgage.

Their adviser told them to get a new mortgage from a second tier lender, as they could not meet the bank's stricter servicing test at the height of the Covid pandemic. 

After a year, the homeowners refinanced with a bank, lowering their interest rates. However, they were hit with a clawback.

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