I had a forum member ask for my assistance over a similar matter than went wrong.
Girl had a joint loan with ex and did a parental guaratee as well. Property prices dropped, ex did a runner and about 8 years later they are still paying a loan off with the property long ago sold.
Only two siblings have their names on the mortgage papers yet the mortgage has six splits (one to each own
You need to look at the certificate of title. Rates notices have limited room and maybe all 6 owners won’t fit in. The loan may be in one name but all others may have guaranteed it.
Perhaps Charlie. My trail book has perhaps 5% fixed but my drop off rate is very low, perhaps less than 5% drop off each year and that is because they sell.
Lawyer fees would depend on the court, the higher courts cost more and which court you end up in will depend on the size of the dispute generally.
You would have to assess the merits of suing the otherside at the time they breach your agreement. It may or may not be worthwhile. Fixed rates are more valueable because the client is less likely to move banks while the loan is fixed.
Investing and business is risy chariie. You have to look at industry average drop off rates, the perccaentage of the book on fixed loans etc and have a restrain clause that the seller is prevented from writing loanss to those clients (he might just get one of his/her mates to refinance all)!Any clawbacks you would get the seller to wear.
A business is not a legal entity, and you cannot contract with yourself. But if the business is being operated under a company structure the company could rent from a property owned by you/you and spouse/spouse.
But what are the consequences – if the property is your main residence it could then be subject to CGT as it is now income producing. The company may be able to claim a deduction, but the rent will be income to you. This may result in tax savings overall or extra tax depending on the situation. There are special tax rules relating to related party transactions.
Also consider that there may be some good strategies involving a SMSF owned property being rented by a company/you running a business.
Generally ownership determines deductibilitywhere spouses are involved. So X owning with the loan in the name of X and Y would mean X claims all xeductions and gets all income.