Forum Replies Created
Hi Liz
I think it should probably be ok. I have gotten a few through on low docs. Try St george too, they don't use PMI or GE.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
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I've done a deposit bond when using a trust. Cannot remember who I used now. Anyway, it is not really necessary to tell them about the trust anyway. just get the bond in the trustee''s name
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Sounds like your lender didn't look at the contracts very well. You will need to get them to fix it quick. There should be no reason to cross sec the two, and they can reissue mortgage documents within a few hours if you push them.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I had one of these this week. client failed to mention their car loan, and the lender found it on their credit check. They didn't seem too concerned about it, just asking for the details are proceeding.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
L.A Aussie wrote:Terryw wrote:Hi Have a talk to a financial planner regarding which funds. I would be reluctant to name them in case they bomb out. There various sites where you can search past returns. one is http://www.morningstar.com.au I think. Terryw Discover Home Loans [email protected] Send an email to get my newsletter.The Defense rests, your honour.
Great returns – everyone is raving about the great growth in them, but can't say which ones "just in case".
HMMMM.
Think you have been in america a bit too long!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
No, I don't think it would be possible. What you could do is get your parents to access the equity and to lend or gift you the deposit for your property.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Yaz,
Keep reading the forums to learn about trusts. But using a trust will not help your borrowing capacity as the lenders will still look at the individual behind the trust to determine borrowing cap. Whether you have $1mil borrowings in your name or in your company with you as guarantor, it is still the same – you are responsible for $1mil in debt.
The only way it could help is if the lender did not require a personal guarantee.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
What you would want to do is to make your new IP loan for the trust as high as possible and use any spare funds to make the PPOR loan as low as possible. A simple way is to cross collateralise. This not ideal, but may be ok for a few years until the IP increases in value and can be released.
Another way is to settle on the PPOR first and then use a LOC against this place for deposit to lend to the Trust for the IP. Then net result should still be the same but without crossing. Since your trust is buying your property, timing shouldn't be an issue. You just find the new PPOR first and then settle everything on the same day.
And make sure you get very good advice on the HDT setup, or your deductions could be denied by the ATO
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I know of a developer who was having trouble selling his units and had offered potential buyers vendor finance with him lending 20% deposit, interest free I think. 30-40% is a big ask.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Technically you should fill in the statement of financial position as of the date you sign it, if you have not accepted the NAB's loan offer, then you don't really have the loan yet. You also don't really own the property yet as you have not settled.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I can't think of any benefit of discharging the loan a bit early.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
BTW, there is an exellent thread on this topic on the somersoft forum.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Trusts do not pay tax, it is the recipient who pays the tax. Therefore the rate of tax will vary depending on the beneificiary's income in that financial year. If you distribute to a company, the rate is fixed at 30%, if an individual, then the rate will vary from nil to 48%
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Thanks Elka, knew I had read it somewhere – but as you said it may not apply here.
But the 6 month overlap rule may apply – Karen may be able to claim both as the main residence for a period of 6 months. See Elka's link above for an example.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi Marc
Getting a loan for a trust is the same as getting a loan in your own name almost. ie if you qualify on your own, then you will qualify for the trust or company. St George are good for expats, no aussie income needed.
I think the love and affection clause would not apply to a situation like this. It would probably be just between spouses as persons.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Trajik
I recall reading somewhere that you can still class a place as your main residence as long as your live in it as soon as practical after settlement. have you heard of this before, or am I imagining it.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
CJ
Most of the major banks offer good rates and 100% offsets on the prof packages.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It will be hard to find a FP that recomends direct property. You could try Richard, QLDs007 on this forum, he is both a broker and a Financial Planner.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Seek the advice of a good accountant. I beleive that, if structured correctly, the interest on a LOC that is use to pay other expenses relating to property, including other interest, should be deductible.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi Boshy
If the broker can give you a copy of the valuation, then they are probably mortgage originators/managers. ie They rebadge wholesale funds. These sorts of loans are usually covered by LMI no matter what LVR and exit fees tend to be high.
You ask about the accountant. I would say you should seek advice because it is not necessarily the best idea to buy in the name of the highest income earners name. What happens if you make a $100,000 gain in 12 months and decide to sell? = a heap more tax. What about the benefits of using a trust – reduced tax and asset protection – and the negatives (land tax and losses), you need to get advice on these matters so you can then decide which is the best structure to purchase in.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



