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  • Profile photo of TerrywTerryw
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    The trustee’s name goes on title. In this case it would be the company.

    Terryw
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    Profile photo of TerrywTerryw
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    Funny enough one of my valuations come back today with the valuer saying the area is floor prone. The lender now wants a Section 147 certificate (this is NSW) to show how prone the area actually is. If it is more than 1/100 year flood, then the lender will not accept the security.

    Haven’t previously come across this.

    Terryw
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    Profile photo of TerrywTerryw
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    I think these sorts of deals can be great for investors. Very little deposit and nothing on your CRAA. Just buy an option and sub-lease out. If you have maxed out on your borrowing capacity, this could be a way to keep on moving forward.

    Kiwi, would you allow an investor to take up the lease option

    Terryw
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    Profile photo of TerrywTerryw
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    Nathan, what state are you in?

    If NSW, I suggest you sit down with a Lawyer such as Tony Cordato.

    Bankrupts need a place to live too, but be careful. Bankrupts are bankrupt for a reason. Also, watch out on the money side, I beleive all of their income earned above a certain point goes to the Trustee for creditors.

    have a look at http://www.itsa.gov.au

    Terryw
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    Profile photo of TerrywTerryw
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    undischarged bankrupts can borrow money – if someone is willing to lend them money.

    quote:
    It is an offence under the Bankruptcy Act for a bankrupt to borrow money or purchase goods on credit in excess of $4,267.00* (indexed) without informing the person with whom they are dealing that they are an undischarged bankrupt.
    unquote
    From ITSA
    http://www.itsa.gov.au/dir228/itsaweb.nsf/docindex/bankruptcy-%3Ebankruptcy+-+long+version?opendocument#Offences

    Terryw
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    Profile photo of TerrywTerryw
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    I think some lenders will provide finance to current bankrupts if the finance is used to bring them out of bankruptcy.

    Terryw
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    Profile photo of TerrywTerryw
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    No, I wouldn’t take advice from a real estate agent. I ahve done a few lease options, the leases are standard but the option agreements runing about 10 pages or so.

    Terryw
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    Profile photo of TerrywTerryw
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    Banks only do valuations when you request more money.

    Terryw
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    Profile photo of TerrywTerryw
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    You still must pay all the usual expenses. No different to renting a property out normally. In some states you may be able to on charge the rates and insurances. Can’t be done in NSW without problems aparently.

    You will need to see a solicitor to draw up the legal documents.

    Terryw
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    Profile photo of TerrywTerryw
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    You should both probably have insurance. Who owns the building? You do still as you have your name on title, but the other party has purchased it from you, so they have equitable interest. They would want to protect their asset and you your asset. Not worth worried about a few hundered $$$ – if that.

    Can you use the equity? Probably yes, but you will be discharging the mortgage on the property at settlement, so you won’t have much time!

    Terryw
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    Profile photo of TerrywTerryw
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    Steve

    This situation was extremely messed up. I feel sorry for this family. Their accountant died a few years ago leaving them in a real mess too with rates and land tax notices piling up, unbeknown to them they also received a bad credit rating.

    There were 4 brothers involved and they purchased their family home to live in with their parents. Since it was their PPOR they should have purchased in their own names. This would give them no CGT and no land tax problems. But having 4 people on title is a bit of a waste of the Main residence CGT exemption. So it would have been preferable to have just one on title.

    The strange thing is, one of the brothers owns 4 townhouses in his own name too! This should have been done in a trust structure, or maybe in one each of the other brother’s names.

    They could have had the whole thing tax free if planned properly.

    Terryw
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    Profile photo of TerrywTerryw
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    Yep, if your company pays you, then you will have to pay tax if your tax rate is higher than the company rate.

    There is no way around this if you only have yourselves as beneficiaries. You could possibly claim some expenses if you could justify this. eg employing other people. company car etc. But if the expenses are not related to the company’s profit making activities, you may have a hard time justifying it.

    This is not covered in any of those books to my knowledge.

    Ideas anyone?

    Terryw
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    Profile photo of TerrywTerryw
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    Lenders won’t give out this sort of information. It is on the broker web sites, or on the aggregation for broker members.

    as a guide the average bank pays 0.70% of the loan amount as an upfront commission. But some of the small ones pay up to 2%!

    Terryw
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    Profile photo of TerrywTerryw
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    I beleive you have to leave permanently. They are wise to many people going overseas termporarily and claiming they have gone forever, so the rules have tightened up. I think you will find this info and the ATO site.

    Terryw
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    Profile photo of TerrywTerryw
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    Each bank has different requirements and different methods of calculating serviceability. So it is possible and sometimes a good move to go to several banks.

    If you have everyone with one bank and they say ‘no more’ then you are stuck – especially if cross collateralised. It may be costly and difficult to resolve this.

    Terryw
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    Profile photo of TerrywTerryw
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    They’re not.

    However, most lenders offer the same commission rates. It is only the smaller non bank lenders that offer more.

    Terryw
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    Profile photo of TerrywTerryw
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    I used to live in a 6 bedroom house during 1st year at uni. The owner rented each room individually, and didn’t live there himself.

    Depending on the size of the place, you may need at least 2 refridgerators, and 2 washing machines.

    Watch out for phones. probably don’t need one these days, but if you had a land line who would be responsible for the calls? You!

    Electricity, you may be better off paying this yourself, and factoring it into the rent.

    Cleaning. Some residents will be cleaner than others, and may resent cleaning up common areas under a shared arrangement etc

    Terryw
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    Profile photo of TerrywTerryw
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    If you are going to struggle, it may be better to sell a property.

    If your loans are PI, changng them all to IO may be possible and this may help your cashflow.

    Perth seems to be the only place growing at the moment, so it may be better to keep a bit longer if you can afford to do so.

    Terryw
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    Profile photo of TerrywTerryw
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    If you have personal debt, it would be best to make your investment loan IO and to pay any extra funds into the persona loan (the LOC).

    Your friend’s suggestion does not make sense. You would be borrowing to pay back a loan. The net result would be the same amount of debt wouldn’t it. It may also confuse things taxwise.

    Terryw
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    Profile photo of TerrywTerryw
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    There are many ways.

    1) sell an option on a property, and charge a higher than normal rent. SOme of the rent then goes towards reducing the purchase price the tenant will eventually pay.

    2) sell an option, and then give the tenant a discount off any future purchase of the property. eg. pay $x per week and after 1 year you can buy the property for 10% less market value.

    3) sell an option on a property, and charge them a fixed price for the property. ie no rent credit. The longer they last as tenants, the cheaper they can buy the property compared to market rates.

    Terryw
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