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  • Profile photo of TerrywTerryw
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    @terryw
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    Are all of their loans mortgage insured?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    Strictly speaking there is no guarantee a trustee will ever distribute to a particular beneficiary. So if you build up a large asset base in the trust and guarantee the loans you will have a large debt by no guarantee of income (if you did have a guaranteed income stream from the trust there would be no asset protection).

    But in practice banks generally will consider the trust income, even other trusts beside the one borrowing, as your own if you control the trust.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I would suggest you run some figures on both scenarios. It will be impossible to comment without doing the figures. If using a trust is not going to make much difference they the benefits will be well worth it.

    Occupation is only one reason for asset protection. Most people that go bankrupt don't go bankrupt because of an occupation related incident.

    I would also suggest you do some reading about the types of trusts and the so called hybrid trust. Times have changed – actually they haven't changed much, but the benefits of hybrid trusts are not what some made them out to be. I would suggest a discretionary trust.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    1. You need to convey it by filling in a transfer form and paying stamp duty – if applicable.
    2. Yes. You will have to pay out the existing loan.
    3. You will need to change the loan because the ownership is changing. Both names will need to go on the new loan.
    4. Yes, but you may need approval of the FIRB.

    What you will need to do is to tell your bank you want to change the loan and transfer title by adding your partner. The partner will probably need to supply proof of income if she has income. You will then need to talk to a conveyancer or work out how to do the transfer yourself. The new loan will pay out the old loan at settlement.

    You should also work out the stamp duty implications for your state too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    you don't want to risk your parents personal assets as well as getting them on the loan. I would suggest the same as Greg. Just borrow as much as you can on your own and then the rest from your parents. i wouldn't suggest they guarantee the loan as it just adds added risk, probably unnecessarily. 

    You can still use a trust, but please beware as Centrelink have strict rules regarding trusts – they could deem the property held in trust as being your parents property and this could affect centrelink benefits.

    Using the trust will create the greatest flexibility whether you distribute to your parents or not – circumstances may change in 5 years.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Also consider using less cash may mean you have more cash for your PPOR loan or offset account saving you non deductible interest too

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I think it is probably worth paying for in the early stages.

    Try to get it added to the loan, so that it does not come out of your pocket, but you will still be able to claim it as a deduction (over 5 years).

    Also consider if the long run the amount paid will be insignificant compared to the growth.

    I remember I paid something like $5,000 LMI on a $200,000 property. The bank person made a mistake and told me intitially LMI was around $2,000 so I wasn't happy and was even going to pull out of the deal. But lucky I didn't as that property tripled in value over the next 5 years.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    duckster wrote:
    Ask lender for a 6 month rate lock for settlement period
    http://www.investorwords.com/4034/rate_lock.html

    Duckster, do you reckon you would get a 6 month one?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    One thing to consider when choosing which name is asset protection. Who is more likely to get sued? Possibly a Nurse could be sued for a negligent mistake – Although it may be a remote possibility it is still possible. Depending on what you do it may be better to have the house in your name.

    But you also must be careful about whose money goes to pay the mortgage on this house. Even though it may be in your name, if sued, it could be argued that your wife has an interest in it, especially if she was paying the mortgage, You could be her trustee in effect. Having the house in one name may not protect the other person 100%, but it would be a great deterrent and it may be unlikely the creditors would pursue it any further.

    Jointly going on loans also adds risk. If something happens and you can't pay both of your credit files will look bad.

    It may also work out better for long term borrowing capability to start getting loans in one name only. No sense in wasting borrowing power by jointly going on loans.

    Also since you may be renting out the existing PPOR in the future i would immediately stop paying any extra off the loan. Change it to IO and pay excess cash in the offset account. This will make you future tax deductions much larger and save you heaps of tax.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I have been a broker for 9 years and can tell you trusts will NOT help you borrow more – they may even hinder.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    It would depend on the deal. With some deals all you would do is secure the property and later sell the option for a higher amount.

    If there are development applications involved, then it may be different.
     

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Finding the property is the hard part!!!!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I would suggest you immediately stop paying extra into the loan and try to switch to a IO loan with a 100% offset account. Pay the min and put the rest in the offset.

    When you get the new PPOR I suggest you do the same as you never know when you will move out of that one and rent it.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    it all comes down to the purchase price.

    If it is $550,000 then you can borrow 95% of this. All other costs must come out of your pocket.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    The buyers agent would no doubt charge a fee on the securing of the option. In General the Buyers agents charge for finding the property for the buyer and are not paid a commission by the seller.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Well done.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Why type in capital letters?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    shmikka wrote:

    ><Moderator: Delete abuse>

    I'm not interested in what sort of relationship Mark, has with his Lawyer, or anyone else.  I only go by how i find people, so far not as hard to get along with as you appear to be?   I only enlightened people in this forum who have asked questions about RP Data, or appear confused about Massland.  It appears that what ever other comments have been made about Rolton and Co,  by others, or questions, i don't see your comments being as harsh in response to them, as yours are to me?!  But then, i think saying anything remotely in favour of this company, is only waving a red flag to a bull! 

    What you said above was clearly incorrect and misleading. You weren't really trying to enlighten people were you?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I've purchased more than 10 without ever seeing them. At a minimum I would suggest you get someone you know to drive by and check out the area. They may sound good on paper and with the calculations but you never know what is around the corner or next door.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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Viewing 20 posts - 6,881 through 6,900 (of 16,328 total)