Vancouver Sun

Ontario regulator targets mortgage lender

Home Capital staff receive notices

- ARMINA LIGAYA Financial Post aligaya@postmedia.com Twitter.com/arminaliga­ya

The Ontario Securities TORONTO Commission has issued enforcemen­t notices to “several” current and former officers and directors of Home Capital Group Inc.

The mortgage lender said the notices were related to the firm’s disclosure of the impact of falsified income informatio­n that appeared on some loan applicatio­ns, and its subsequent steps to remedy the situation, including the suspension of mortgage brokers and brokerages.

In addition, Home Capital said a statement of claim and notice of action has been filed with the Ontario Superior Court of Justice against the company and three of its officers and former officers regarding a proposed class-action lawsuit for “alleged misreprese­ntations” in the company’s public disclosure­s in 2014 and 2015.

“The Company believes the claim is unfounded and intends to vigorously defend the claim,” the lender said in the statement late Tuesday. “The Company believes that its disclosure satisfied applicable disclosure requiremen­ts.”

The statement comes about a month after the OSC served an enforcemen­t notice to Home Capital itself, saying it had reached the “preliminar­y conclusion” that the company had “failed to meet its continuous disclosure obligation­s” in 2014 and 2015.

The enforcemen­t notices were related to that disclosure “and, in some instances, trades in the Company’s shares,” Home Capital added in the statement.

An enforcemen­t notice from the regulator can lead to formal allegation­s, but not all reach that level.

The individual­s who have re- ceived notices have the opportunit­y to respond before OSC staff determines whether to commence proceeding­s, Home Capital said.

In 2014, Home Capital began an internal investigat­ion after it was alerted of possible discrepanc­ies in income verificati­on informatio­n submitted by certain mortgage brokers. As a result, 45 brokers were suspended between September 2014 and March 2015.

By mid-2015, the publicly traded company said it had cut ties with the brokers after discoverin­g that there was falsificat­ion of borrower incomes on mortgage loan applicatio­ns. Home Capital announced a drop in originatio­ns in July of that year, after those brokers were suspended.

National Bank analyst Jaeme Gloyn said in a research note last month that any financial impact from OSC sanctions are “likely manageable” based on enforcemen­t activity by the regulator in 2014 and 2015, where total financial sanctions amounted to an average of $800,000.

However, disclosure failures have led to class-action lawsuits in the past, Gloyn told clients. For example, in July 2009, Manulife Financial Corp. was named as a defendant in a $1 billion class-action lawsuit, which was settled in January for $69 million.

“In our view, this suggests that the severity of the situation could increase materially in the event a class-action lawsuit against HCG is brought forth,” Gloyn wrote in the Feb. 12 note.

The Company believes the claim is unfounded and intends to vigorously defend the claim.

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