Unit/s assessed FNSFMB402 Identify client needs for broking services
FNSINC402 Develop and maintain in-depth knowledge of products and services used by an organisation or sector
FNSFMK505 Comply with financial services regulation and industry codes of practice
Assessment name Module 1 written assessment
Type of Assessment
This summative assessment will enable your assessor to make a judgement of competency based on the submission of your completed assessments against the requirements of the unit/s of competency in this module.
Benchmark
The Assessment Benchmark developed for each unit of competency is the evidence criteria used to judge the quality of performance (i.e., the assessment decision-making rules). Assessors use these benchmarks to make judgements on whether competency has been achieved and to determine if you have performed to the standard expected to meet the unit requirements.
Reasonable Adjustment
Where appropriate Monarch Institute will allow flexibility in the way in which each unit is assessed based on the needs of an individual.
Assessment Coding
Assessment of this course is established on competency-based principles:
S = Satisfactory NS = Not Satisfactory
If you fail to perform satisfactorily for the assessment in the prescribed way you may be assessed as ‘Not Satisfactory. You are required to be assessed as ‘Satisfactory’ in all assessments for each unit of competency.
Re-assessment
Your assessment can be submitted after you have reviewed the learning materials and practiced enough to feel confident in your resubmission. You have two weeks from your last submission feedback to resubmit. You are re-assessed in only the areas where your assessor has indicated you were initially assessed as NS. It is at the assessor’s discretion to re-assess the entire assessment should an overall understanding not be demonstrated. When you are re-assessed as ‘satisfactory’ after re-submission you will achieve competency for this assessment.

Declaration of Understanding and Authenticity
I acknowledge the assessment process has been explained and agree that I am ready to undertake assessment. I am aware of where to find the assessor’s feedback for the assessment. I am aware of the appeals process, should the need arise. I also understand I must be assessed as ‘satisfactory’ in all parts of the assessment/s to gain an overall competent result for the unit/s of competency. If I am found to be NS after a second attempt, it is at the assessor’s discretion whether I may be permitted one final attempt. I am aware that a ‘not competent’ final outcome means I may incur fees for re-enrolment in the unit/s.
I certify that the attached material is my original work. No other person’s work has been used without due acknowledgement. I understand that the work submitted may be reproduced and/or communicated for the purpose of detecting plagiarism. I understand a person found responsible for academic misconduct will be subject to disciplinary action (refer to Student Information Guide).
*I understand that by typing my name or inserting a digital signature into this box that I agree and am bound by the above student declaration.
Student Name*: Submission Date^:
Please make sure you use the same name that is in your enrolment documentation, including your surname.
^If this is a resubmission, you must use your resubmission date.
Submission instructions:
Complete the Declaration of Understanding and Authenticity (above).
Once you have completed all parts of this Assessment, login to the Monarch Learning Management System (LMS) to submit your assessment.
In the LMS, click on the link to ‘Submit [assessment name]’ in your course and upload your assessment files. Click save and then click submit assignment.
Please be sure to click ‘continue’ after clicking ‘submit assignment’.
For any re-submission, please ensure responses are in a different coloured font.

Activity 1
Explaining finance and mortgage broking services to clients
Before undertaking this activity, download from the course website:
• Module 1 Learner Guide
Read the following sections:
– The Credit Industry Participants
– Identifying Client Needs
And the resource:
– Credit guide example-iSelect
1. How would you explain the finance and mortgage broking process to clients, in a clear and unambiguous way?
HINT: In your answer, summarise the steps from the client first contacting you, to settlement of the loan.
2. How would you explain your background, credentials and role as a broker?
Hint: Assume you are a qualified practising broker appointed as an Authorised Credit Representative with over 3 years’ experience.
3. How would you build rapport with the client?
Hint: What can you say that is friendly and makes the client comfortable talking to you.
4. Explain the services a broking business can provide.
5. Explain at least 3 values that a broking business can offer a client.
6. Write at least one question you could ask a client to confirm that they understand the fees and charges involved in the service you provide.

Activity 2
Explaining finance terms and concepts
Before undertaking this activity, download from the course website:
• -Module 1 Learner Guide
Read the following sections:
– The Credit Industry Participants
– Mortgage Broker Laws and Regulations
– Other laws Affecting Mortgage Brokers
– Property Titles and Ownership
– Property Investment
– Property Valuation
– Understanding Products & Services
1. Explain the concept of credit.
2. What is a credit reporting service?
3. Describe three (3) elements that make up the economic environment.
4. What is the business cycle?
.
5. What are financial markets?
6. Name three (3) parties that participate in the financial industry. Describe each party’s role in the industry.
7. What are interest rates and why are they charged?
8. How are interest rates changed and set?
Hint: When do interest rates change and why
9. What are exchange rates?
10. Give an example of how exchange rates might affect a business.
11. What is inflation?
12. What is a deposit bond?
.
13. What is the procedure for lodging a deposit bond?
14. Define the lender in a transaction
15. Define the borrower in a transaction
16. Define the lessor in a lease agreement
17. Define the lessee in a lease agreement.
18. Define the mortgagee in a transaction
19. Define the mortgagor in a transaction.
20. How would you explain Torrens land titles to a client?
21. How would you explain title searches to a client? List the searches that a conveyancer would complete for a purchase.
22. What is strata title?
23. How does strata title differ from company title?
.
24. What does it mean when a loan proposal has multiple securities? Provide an example of a loan proposal with multiple securities.
25. What is a second mortgage?
26. Give an example of a situation in which a client might seek a second mortgage loan from a different lender to their first mortgage.
27. What is a ‘Mortgagee sale’.
Hint: Refer to Mortgagee remedies

28. Define a subdivision of title.
29. What is a partial discharge of a mortgage?
30. What is a Caveat
31. What is a Torrens title?
32. What does ‘indefeasibility of title’ mean?
33. What is the difference between a vendor and a purchaser in a property transaction?
34. What issues need to be considered in determining whether two people should acquire a property as joint tenants or tenants in common?
Hint: Ensure your response covers ‘Right of survivorship’
35. Most strata title properties involve a Body Corporate or Owners Corporation. What financial records should be kept and maintained for Strata title ownership compared to standard Torrens title ownership.
36. What is the difference between a split loan and an interest-only loan?
37. What is the difference between an offset account and a line of credit?
38. What is the Privacy Act about?
39. Why would a loan to valuation ratio of 80% or more require lenders mortgage insurance?

Activity 3
Complaints and dispute resolution
Before undertaking this activity, download from the course website:
• Module 1 Learner Guide
Read the following section:
– The Credit Industry Participants
And the resource:
– ASIC RG 165- Summary of dispute resolution
1. Describe the key features of Dispute Resolution under ASIC RG 165.
2. Explain the role of AFCA in Dispute Resolution.
Background to question 3
A broker has written the following Dispute Resolution procedure which they give to clients:
We hope that you are delighted with our services. However, if you have any complaints, you can raise these directly with the representative with whom you are dealing.
If you are not satisfied with the response that you receive, you may contact our Credit Services and Standards team, by
• telephoning xxxx
• emailing xxxx.com.au or
• writing to PO Box xxx Sydney NSW 2059.
When we receive a complaint, we attempt to resolve it as quickly as possible, subject to a full investigation of all the circumstances involved.
Australian Financial Complaints Authority
If we are unable to resolve your problem satisfactorily and if you are not satisfied with the outcome of your complaint, you may refer the matter to the AFCA an ASIC-approved External Dispute Resolution service.
External dispute resolution is a service provided at no cost to you, which gives you access to an independent mechanism for the resolution of specific complaints or disputes.
You can obtain further details about our dispute resolution procedures on request.
3. Identify at least one area of this Dispute Resolution process that you consider IS NOT compliant with the ASIC RG165 summary of Dispute Resolution principles.

Activity 4
Product knowledge and research
Before undertaking this activity, download from the course website:
• Module 1 Learner Guide
Read the following section:
– Understanding Products & Services
1. Choose a major Australian lender to research. Name three (3) of the credit products that the lender provides.
Hint: Go to a major bank website and include the name of the lender in your response
2. Describe the purpose of each of the following products:
Interest only loan,
Fixed rate loan,
Line of credit.
HINT: When defining ‘purpose’, describe the circumstances where the product would be considered not unsuitable, and explain the client need that it satisfies.
3. Select one of the products identified in the question above. How would you summarise the benefits and disadvantages of that product?
HINT: In your answer, think about what the client would need to know about that product
4. For each of the products identified above in question 2, think about the ideal client whose needs might best be served by this product. Name at least three characteristics of each client.
Interest-only loan Fixed rate loan Line of credit
Client characteristics: Client characteristics: Client characteristics:


• •

• •


5. For each of the products you listed for Question 1, find a comparable product from a competitor lender. Name the product, the product provider, and identify any specific information about the product (e.g. interest rate). Then list the ways in which the competitor’s product differs from the product from the lender you researched in Question 1.
Product Name Product Provider Product information Points of difference
Product 1 •
• •
Product 2 •
• •
Product 3 •
• •
6. As a broker, how will you keep up to date with the range of products and services on the market, including new products?
7. How will you keep an eye out for any changes to the terms and conditions of the products and services youre working with?
Hint: This does not relate to interest rate changes but changes to loan terms and conditions or features
8. Give an example of a way in which a change in terms and conditions or features might affect the way you match a product to client needs.
Hint: This does not relate to interest rate changes
9. How will an Aggregator help you with maintaining up to date product knowledge?
10. Name one way in which you can actively seek out new information about products and services – i.e., an option that doesnt mean waiting for information to be sent to you.
11. Which organisation could you refer to for changes in mortgage broking regulations?
12. Which organisation could you go to for information on the latest inflation figures.

Activity 5
Meeting client needs
Before undertaking this activity, download from the course website:
• Module 1 Learner Guide
Read the following section:
– Identifying Client Needs
1. When should a Requirements and Objectives document be prepared?
2. What information is typically recorded on a Requirements and Objectives document (just summarise).
3. When researching the loan options for a client, which document should you refer to in preparing your comments on each option. i.e., how do you assess each option.
4. Describe how you would assist clients with special communication needs (e.g., poor English).
Hint: You can indicate your own informal method or a professional language assistance service

Activity 6
Sales and advertising
Before undertaking this activity, download from the course website:
• Module 1 Learner Guide
Read the following section:
– Sales and Advertising
And the resources:
– RG 234
– ABC marketing (insurance brokerage marketing plan)
– Homeloan experts- mortgage broker leads
1. List at least 3 of the most common methods brokers use to attract new clients.
2. Which Regulatory Guide controls the advertising that a mortgage broker undertakes.
3. Describe at least 2 Unique Value Propositions for your broking business. Assume you are a qualified broker with 3 years’ experience.
4. Describe the ethical and regulatory conditions that must be adhered to in promoting financial products and services to clients.
5. Describe an organisational policy for promotional and marketing strategies.
6. List at least 3 potential professional referral businesses/partners you could use.
7. How does Seminar or Event marketing work.
8. List at least 4 tips to ensure your Social Media marketing is effective.
9. For each of the three approaches to selling products and services in question 1, list at least two advantages and disadvantages.
Hint: Some of the advantages and disadvantages may relate to standing out in a competitive market place.

Activity 7
Practical compliance procedures
Before undertaking this activity, download from the course website:
• Module 1 Learner Guide
Read the following section:
– Mortgage Broker Laws and Regulations
And the resources:
– ASIC inf 146
– Banking Code of Practice
– FBAA Code of Conduct
– National Credit Code-index
1. There are 4 key Disclosure Documents required to be given to a client. List the 4 documents and describe the key features.
2. Which Regulatory Guide and Information Sheet control the content and format of the 4 Disclosure Documents.
3. You have been given the task of Auditing your Company’s client files. How would you check whether each of the Disclosure Documents has been recorded and stored in accordance with the organisation’s requirements?
4. Describe what a Proposal Document sets out.
5. Download the sample position profiles from the LMS. Identify three things that the Mortgage Broker is expected to do, that the mortgage broker assistant cannot do.
6. Describe how you would ensure you are up to date with the latest regulatory documentation.
7. Why is it important to communicate regulatory changes as soon as possible?
8. Summarise what a broker must do to be compliant with the rules about disclosure of capacity.
9. Explain the legal concept of duty of care.
10. Give an example of a situation where a broker has a duty of care to a client.
11. Explain the legal concept of fiduciary duty.
12. To fulfil their fiduciary duty to their client, what does a mortgage broker need to do?
13. Describe the key features of the FBAA Code of Conduct.
14. Describe the key features of the Banking Code of Practice.
Hint: Summarise the principles in the statement of guiding principles
15. Describe the key features of the National Credit Code.
Hint: Refer to the Credit Code index summary document on the course website

Activity 8
Lenders mortgage insurance
Before undertaking this activity, download from the course website:
• Module 1 Learner Guide
Read the following section:
– The Credit Industry Participants
1. Explain what benefits lenders mortgage insurance (LMI) delivers to the Australian market place.
2. Will a borrower be required to demonstrate they can service a loan that requires LMI, or does the LMI replace that requirement for the borrower? Explain your answer.
3. Distinguish how LMI protects a mortgagee in the event a default on a mortgage-backed loan, in comparison to a mortgagor.
4. List the 2 major mortgage insurers.

Activity 9
Compliance, regulations and legislation
Before undertaking this activity, download from the course website:
• Module 1 Learner Guide
Read the following sections:
– The Credit Industry Participants
– Mortgage Broker Laws and Regulations
The Reserve Bank of Australia (RBA) has responsibility for monetary policy and overall financial system stability.
The Australian Prudential Regulation Authority (APRA) and the Australian Securities and Investments Commission (ASIC) are each responsible for regulatory oversight within the financial services sector.
1. Which of the above organisations set the cash rate, and when do they make decisions whether to adjust the cash rate?
2. Name the three types of market participants that are classified as authorised deposit-taking institutions (ADIs) and the regulator that has responsibility for them.
3. Name the primary credit legislation administered by ASIC.
4. List five (5) core powers ASIC has under the laws they administer.
5. AUSTRAC is Australia’s financial intelligence unit, with regulatory responsibility for anti-money laundering and counter-terrorism funding (AML/CTF) and financial transactions reporting (FTR).
List the three (3) obligations that reporting entities have under the AML/CTF and FTR Acts.
6. Do mortgage brokers need to be members of an external dispute resolution scheme. If so, which Regulatory Guide applies.

Activity 10
Apply principles of professional practice and Responsible Lending
Before undertaking this activity, download from the course website:
• Module 1 Learner Guide
Read the following sections:
– The Credit Industry Participants
– Mortgage Broker Laws and Regulations
The commentary below from FOS summarises a judgment related to a consumer complaint made against a lender, described as financial services providers (FSPs) where a broker was involved.
Case Study 1 from FOS – Role of a broker
John wanted to purchase a new home. The real estate agent referred him to Sam, a mortgage broker, to obtain finance. Sam asked John to sign a low documentation (low doc) application. John subsequently accepted an offer from the FSP for a $430,000 home loan, secured by a mortgage over his home. He failed to make his loan repayments on time and the financial services provider (FSP) started legal proceedings for possession of his home. John lodged a dispute with FOS.
John said that the FSP should not have given him the home loan because he could not afford the repayments. After John signed the loan application, Sam changed information on the loan application so that it would meet the FSP’s servicing requirements. If the FSP had checked the details in the loan application with John, the FSP and John would have discovered the inaccurate information and the FSP would not have provided the loan to John.
We considered that the FSP was not responsible for Sam’s conduct. While the FSP did not have any agreement with Sam, it did have an agreement with a mortgage manager Sam was affiliated with. In that agreement, the mortgage manager acknowledged that it was independent and did not represent the FSP. Therefore, Sam did not have any actual authority to act as the FSP’s agent. There was also no information showing that the FSP had represented to John that Sam was its agent. Even though the FSP paid commission to Sam, we considered that the commissions were not enough to establish an agency relationship.
We also considered that the FSP was entitled to rely on the information in John’s loan application when assessing his ability to repay his home loan. There was no inconsistency in the loan application or other information provided to the FSP had which should have caused it to check any details with John or Sam.
We concluded that the FSP had acted responsibly when it granted the home loan to John.
Case Study 2 from FOS – Broker’s conduct and consumers’ conduct
In 2008, Mike and Felicity asked for advice from a mortgage broker about the best way to borrow $30,000 to help Felicity develop her business. At that time, they already owed the FSP $50,000 for a home loan. The broker advised them to apply to the financial services provider (FSP) for a loan to purchase an investment portfolio and for a line of credit for the business. The broker advised them to mortgage their home to provide security for the loans.
The broker completed their loan application with incorrect details. In particular, the application stated that:
• Mike’s income was $75,000 and Felicity’s income was $50,000. However, Mike’s true income was approximately $16,000 and Felicity’s true income was $14,000.
• Felicity contracted as a child care centre provider and Mike was a locum teacher.
The FSP provided Mike and Felicity with three loans totalling $342,000 and Mike and Felicity provided a mortgage over their home as security for the loans.
Mike and Felicity later lodged a dispute at FOS. They said:
• They had signed three pages of the application and had not seen any other pages of the application. They did not see the other pages of the application until the FSP provided them with a copy of the application after they lodged the dispute at FOS.
• The broker encouraged them to sign blank documents. When they signed the income declaration in the application, it did not state their incomes, it only stated the amount of the loans.
• The FSP did not check their income with their accountant.
• They had taken legal action against the broker and recovered $80,650 in compensation.
• They used one of the loans to make repayments on the other two loans. When there were no remaining funds in the first loan, Felicity used a pension from her superannuation funds to make loan repayments.
In responding to the dispute, the FSP said:
• Its low doc lending policy did not require it to verify their income.
• It had relied on information provided by Mike and Felicity’s broker.
• Mike and Felicity’s repayment history on their existing home loan was satisfactory and their credit reports were clear.
When we considered their dispute, we noted that Mike and Felicity’s age was a ‘red flag’ because they were both 60 years old when they applied for the loans. The FSP had made further inquiries with the broker about Mike and Felicity’s ability to repay the loans, and the broker told the FSP that Mike and Felicity had $450,000 equity in their home and $360,000 superannuation which they could use to reduce their debt when they retired. The FSP also knew that Mike and Felicity were currently working and that the loans were for investment purposes, which could be expected to create additional income and possible capital gains.
We could see that the FSP had complied with its low doc lending policy when it approved the loans. There were no red flags which might have alerted the FSP to the false information in the application, so it was entitled to rely on the information in the application to assess whether Mike and Felicity could afford the loans.
We analysed Mike and Felicity’s ability to service the loans based on the information in the application and the FSP’s knowledge of their existing home loan. We concluded that Mike and Felicity could afford the loans.
Although the broker may have done the wrong thing, the FSP did not know and had no reason to suspect that the information the broker provided was inaccurate Also, the broker was Mike and Felicity’s agent, not the FSP’s agent. For those reasons, the FSP could not be held liable for the broker’s conduct.
1. RG205 refers to engaging in credit activities “efficiently, honestly and fairly”. While the FOS judgments in Case Study 1 referred to the fact the FSP acted responsibly, explain whether the broker in Case Study 1 acted honestly or fairly in your view.
2. In Case Study 2, the broker asked the client to sign incomplete application forms. Explain the risks of this action.
3. Determining a client’s loan serviceability is a critical function of all loan assessments by an FSP under the NCCP. In Case Study 2, the broker overstated the client’s income, and a compensation determination against the broker of $80,650 was made.
Explain why in your opinion the compensation determination is appropriate or not appropriate.
4. Describe the Principal – Agent relationship.
5. Describe Contract Law principles.
6. Describe a Broker Authority for an ACR.

Activity 11
Compliance, regulations and legislation
Before undertaking this activity, download from the course website:
• Module 1 Learner Guide
Read the following sections:
– Mortgage Broker Laws and Regulations
– Identifying Client Needs
Background
A retiring couple decided to purchase a new home as the value of their existing home had increased considerably in recent years, giving them enough equity to apply for another property, keeping their existing property for investment purposes.
A family friend who was a mortgage broker (‘the broker’) suggested that, while they had adequate security for the new loan, they lacked the capacity to repay the loan if they chose to retain their existing home for investment purposes.
The broker suggested that they needed to sell their home first in order to service a loan for a new property. To maximise the sale price of their home, the broker suggested that it be painted and renovated. To pay for these renovations, the broker arranged for the mortgage manager to increase the couples existing line of credit (LOC) held with a bank.
On completion of the renovations, the couple listed their home on the market and received an offer that matched their asking price. However, without having first exchanged contracts on the sale of their home, they exchanged contracts on the new property. Unfortunately for them, the sale of their existing home fell through, and the couple were faced with the possibility of not being able to complete the purchase of the new property.
The couple again approached the broker for assistance, who arranged for a bridging loan through the mortgage manager.
The couple advised the broker that on the sale of their existing home, they wanted their bridging loan to be converted to a LOC with retaining the original credit limit. However, the broker neglected to advise the lender or the mortgage manager of this. Consequently, the mortgage manager discharged the existing LOC and converted the bridging loan to a standard principal and interest loan (‘P&I loan’) but just for the amount required to settle the purchase. No additional funds could be drawn down as the LOC with its credit limit had been closed.
On the basis that their bridging loan had not been converted to a LOC as they had requested, the couple refinanced their new P&I loan with another lender to get a LOC again (with the original credit limit). This resulted in the couple incurring refinance costs of $2000.
Complaint to AFCA
The clients requested that the original broker pay the new refinancing costs of $2000 because the broker had not followed their instructions.
A complaint was lodged with AFCA after the broker refused to pay.
1. Was that the couple financially disadvantaged as a result of their bridging loan being converted to a P&I loan instead of a line of credit? Explain.
2. Did the mortgage broker breach any compliance requirements? Explain.
3. What compensation (if any) do you think would be reasonable in these circumstances. Explain.

Activity 12
Responsible lending
Anne Anderson approached a mortgage broker seeking a loan of $50,000 using her home as security. She wanted the loan to undertake some home improvements and go on a holiday. The $500,000 home was unencumbered.
Her income was $44,000 per year as a Super pension. She was 67 years old.
The broker recommended a private mortgage from a commercial lender @ 8.95%. He explained to Anne that the loan amount was too small for most lenders and the commercial loan was the best option as she also wanted a quick and easy loan arranged. The loan establishment fees were $3000.
After the new loan settled, the client was talking to a friend who suggested that the broker should have explained other loan options in particular a Reverse Mortgage. She indicated that a Reverse mortgage doesn’t need any loan repayments made and makes it a lot easier to live on a pension.
1. In your opinion, do you consider based on the limited information above, that the loan arranged was suitable or not. Explain.
2. Should the broker have detailed other loan options for the client. Explain.
3. Write at least two questions that the broker could have asked to clarify the clients Requirements and Objectives.

Activity 13
Seeking specialist help
1. What type of Specialist professional could you refer a client to for advice on buying an investment property?
2. Who would you refer a client to for advice on investing in a Managed Investment Scheme or SMSF?
3. When would you refer a client to a more experienced mortgage broker for assistance/advice?

Activity 14
Record-keeping responsibilities
Before undertaking this activity, download from the course website:
• Module 1 Learner Guide
Read the following sections:
– Mortgage Broker Laws and Regulations
– Other Laws Effecting Mortgage Brokers
– Identifying Client Needs
1. What should your Loan File client records contain, at a minimum?
2. Describe how you would keep a client’s file organised and easy to navigate.
3. Briefly describe your compliance obligations regarding keeping client records secure and include Privacy Act obligations.
4. How would you make sure that client records were readily available to other brokers/authorised staff in your organisation. This should include a mechanism for restricting access to only authorised staff.
5. How would you keep your Continuing Professional Development Training records secure, accessible and up to date?
6. What records do you need to keep, to show that you have authority to act on behalf of your client. How would you store and maintain these records?
7. How long does a broker need to keep loan documents/records for?
8. How would you store your client records (both paper and digital records).
9. Describe the General records a mortgage broker needs to keep.
10. Describe the statutory records that a mortgage broker is required to keep and maintain.
11. How and when would you update/maintain these statutory records.
Hint: Think about such actions as when do you need to provide or complete Disclosure documents, post settlement compliance checks and financial reports or tax returns
12. Which Act is involved with managing Confidentiality of client information?
13. Which form/document signed by the client is essential to ensure compliance with Confidentiality requirements and allow the broker to collect and store personal information.
14. How does a mortgage broker analyse a client’s financial position according to organisational and industry requirements?
15. Describe how you would store and maintain evidence of your:
-Appointment as an Authorised Credit Representative
-Membership of either FBAA or MFAA
-Lender Accreditations
Hint: Documents need to be easily accessible for auditing to check currency
16. Describe how you would maintain evidence of your training qualifications attained and ongoing CPD training activities.

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