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  • Profile photo of TerrywTerryw
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    @terryw
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    Richard,

    The article is gone from that page. Who is the new LMI company?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Think of the tax issues. If you borrow to buy a main residence, the interest is not deductible. But if you were to borrow to build an investment, it should be. So keeping your cash for the main residence may be more tax effective.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    Hi PD

    almost any lender could do a LOC these days. Which one will depend on your husband's and Bro in law's income and other requirements.

    Not sure what you mean about the bro in law's will? He should be able to determine who he has in his will and who his share of the property will go to. If there is agreement that it will go to your family, then this could be accomodated in the will.

    Incidently, have you head of testamentary trusts? This is where the assets can be willed into a trust – it has asset protection advantages and great tax saving advantages too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    I don't think any lenders try to force cross collateralising loans on people. Some seem to have a policy of trying to do it, but it you insist they should relent – if not, just go elsewhere.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    The only problem with flxing is the lose of flexibility – in the near future you may want, or need, to change lenders (eg. to access equity, increase borrowing capacity etc). This should be considered too,

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    LMI companies often reject loans that the banks would otherwise do. Especially when in comes to small defaults etc. Becareful of where you borrow as some lenders insure all their loans, but pay the premium – the client is often unaware and this can affect later borrowings, especially if the client is wanting to use No/Low Docs/

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    As a guide, here is PMI's location wizard:
    http://www.pmigroup.com.au/locationwizard.asp?attractor=4

    PMI are probably the biggest mortgage insurer of low/no docs

    Low/no docs are usually less than the current standard variable rates which are 8.07%.

    No Doc loans can be rejected when the mortgage insurer already knows your income and calculates you cannot service on this income. Careful planning can avoid this.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    You had better check with a solicitor and accountant.

    I beleive that if it was previously the main residence, then it should be CGT free if sold within the first 12 months. If held longer than this, than I think it is just treated as if it was purchased by the new owners at the time the mother in law initially purchased it.

    If your brother in law lives in it, he may class it as his main residence, but your husband cannot class his half as his main residence if he has another property.

    Remember the loan on the property has no bearing on CGT consequences.

    Also taking out further loans – the deductibility interest on these loans will depend on the use of the money.

    Its a complex area.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    I think it depends on what is in the contract you signed. If you didn't agree to it, they cannot enforce it. If it is handwritten in the contract, unless you signed or initialled it, you can argue it was added later.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If you are wrapping, then you are just selling a property with the payments coming in installments.

    If you owned the property and were personally sued, then what would happen is the person would get a judgment against you for $X. Once they have a judgment doesn't necessarily mean you will lose everything, or even anything. Depending on how much the judgment is, they can get further court orders to garnish wages, garnish bank accounts, seize property (like cars etc) and force the sale of land owned. But in doing this they would first see what sort of mortgage you have to estimate the potential equity.

    With a wrap you have entered a legal contract and have sold the property, but not yet settled. So, I am not entirely sure, but would supsect that your wrapped property may be safe from creditors.

    But if your judgment is above $2500 (approx) the person obtaining the judgment could then issue a bankruptcy notice – pay up in 28 days or go bankrupt.

    Once you are bankrupt, the bankruptcy trustee steps into your shoes and starts to sell assets in order to pay the debts. I think the wrap contract would still be binding. The only time, perhaps, it wouldn't be is if the lender holding the first mortgage over the property foreclosed upon it. First mortgagees would have priority.

    But I am not a lawyer, and am only guessing really.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    http://www.guardianpartners.com.au

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    I think the original idea behind Low Doc loans was that these are for business people who have not had time or inclination to get their tax done. All businesses need an ABN, so this is a good measure of how long a person has been in business.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    I think the original idea behind Low Doc loans was that these are for business people who have not had time or inclination to get their tax done. All businesses need an ABN, so this is a good measure of how long a person has been in business.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    I don't know of any lender that will lend for wraps (installment contracts). Some have previously threatened to cancel the accreditation of any broker that is involved in submitting deals for wrappers.

    So ask your broker will she/he be disclosing this info.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    If your are paying PI on an investment property, than that is $300 extra that could be coming off your home loan instead = saving you interest and tax.

    Or

    If you have no home loan, that is $300 extra per month that you could be using to pay for further investments.

    All depends on what you want to achieve.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Emil

    I am not sure you have your head around the concept yet.

    Vendor would usually take out a second mortgage as this is the safest way to protect their money, but you may be able to talk them into not doing this.

    Just think of it as having 2 loans.

    The bank has the first mortgage on your title and the former owner will have the second one. Keep in mind when you buy a property (settle) the vendor needs to pay his/her loan off.

    What you pay the vendor in interest is up to your negotiating skills. I know a developer who is selling properties this way where he will lend the purchaser 15% (and pay their stamp duty) and he is not charging any interest. Others charge something like 10-15% pa.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Claiming expenses on part of your house will probably end up with you paying more taxes in the long run. plan carefully.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Profile photo of TerrywTerryw
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    Here are some good articles covering resettlement issues of discretionary trusts:

     

    Family Trust
    Resettlement Issues

    http://www.taxlawyers.com.au/Publications/New/resettlement_of_trusts.htm

    Trusts – So, where are we, post Commercial Nominees?
    http://www.taxlawyers.com.au/Publications/New/Trustacc2.htm

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
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    I beleive that a resettlement only occurs when the trust is changed in some way. Changing a trustee won't actually change the trust in anyway – beneficial owners of the trust assets will still be the same. If you start adding or substracting beneificaries or classes of beneficiaries, then the ATO will probably deem a new trust to come into existance and treat all assets of the old trust as being sold to the new trust = CGT and Stamp duty problems.

    A few years back the ATO put out a Statement of Principles in relation to trust settlements – which is just their interpretation of the law.  Here is a quote from

    Creation of a new trust – Statement of Principles August 2001

    :

    "5.4. CHANGES OF TRUSTEE

    A change of trustee does not in itself result in a termination of the trust. If there is merely a change of trustee, the trust property with the accompanying equitable duties are assumed by the new trustee and the trust estate continues unchanged. On the other hand, a change in the trustee or control of the trustee may be an element in arrangements which in their entirety amount to the creation of a new trust."

    http://www.ato.gov.au/print.asp?doc=/content/14283.htm

    So, Ect., I think your friend needs a new accountant!

     

     

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If you have debt on your PPOR, pay it off that first, then reborrow it for investment proeprty deposits using No Docs.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

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