All Topics / The Treasure Chest / In big trouble – need some help

Viewing 19 posts - 1 through 19 (of 19 total)
  • Profile photo of DelightDelight
    Member
    @delight
    Join Date: 2001
    Post Count: 8

    Hello guys,
    Firstly, i just want to say “Thank you” to TerryW for his advise.
    Secondly, i want to get help or advise from bankers, mortgage brokers, financial advisers or whoever that can help me get out of this big problem.
    This is what happened, i refinance my house to get extra money, my mortgage broker who is very good and very patience help me everything to make this thing possible.When i was asked by my mortgage broker how much is my home loan, i disclosed 255k, i didn’t tell him that i have an equity access of another 36k, because i am paying this separately i didn’t realize that this is to be paid out as well,( i was told that the reason it was paid out was that, that loan was secured by the same property).By the way, my new bank approved my loan for $300K, so i was so excited knowing that i have a mortgage from the previous bank of 255k and i will get approximately, 38 or 40k (300K-255-fees & charges)to use as a deposit for my WRAP properies, not until the settlement day which was last Thursday and i only got 2k,(the reason was the amount paid out was 255k+36k plus fees and chargesand brokers commission of 3,300.00) Oh God, the whole world fell on me, i
    was crying, my husband was so upset, i just don’t
    know what to do:
    My questions are:
    1. If you are my mortgage broker what option will you give me?
    2. In case, my mortgage broker cannot do anything about this, or if he can suggest something and i am not happy can i get part of the 3,300.00 i paid as his commission, actually, this commission is supposed to be from refinancing to buying properties for WRAP, and i was told that the reason i have this big fee because i don’t have enough income to show the bank, i am now low doc, 7.40%, 80% to LVR., and i don’t want to pay 7.40% now and then i didn’t get anything from refinancing. You know what i mean? My previous bank charge me 6.57%. I am optimistic that there is always a solution in every problem. Sorry this is bit long. Thanks in advance guys. Have a good week.
    Regards, lucky 40

    Profile photo of Stuart WemyssStuart Wemyss
    Member
    @stuart-wemyss
    Join Date: 2003
    Post Count: 598

    So if understand you correctly, you refinanced to get access to an extra $2k, your interest rate went up from 6.57% to 7.40% and you had to pay the broker $3,300.

    Not a very good result really.

    Firstly, if the broker is ethical and a member of the MIAA (www.miaa.com.au) he/she must disclose his commission to you upfront. You should have known about this.

    There is not much you can do at this stage. The refinance has been done and you have signed the loan documents.

    I guess its not really the brokers fault as he/she didn’t know about the other loan so couldn’t advise you about that.

    The disbursement details should have also been set out in the loan documents (i.e. paying extra $35k for refinance and paying $3,300 to broker).

    Perhaps there are a couple of lessons to learn for the future.

    1. Disclose everything to everyone and you can’t go wrong.

    2. Read loan documents very carefully.

    If you have spoken with Terryw then stick with him – he knows his stuff.

    Sorry I can’t suggest a solution to this one.

    Cheers

    Stu

    Property & Finance News
    at http://www.prosolution.com.au

    Profile photo of AdministratorAdministrator
    Keymaster
    @piadmin
    Join Date: 2013
    Post Count: 3,225

    Sorry to hear about your dilemma Delight.

    Drop me a line, there may be a way out (no guarantees).

    Pisces133

    [email protected]

    What I don’t understand is why that

    Profile photo of DelightDelight
    Member
    @delight
    Join Date: 2001
    Post Count: 8

    Hi Stuart,
    Thanks for your response.I learned so much for my mistakes and i agree with you better to disclose everything to avoid any trouble (in my case, i didn’t try to avoid that, i was just confused at that time, i would say). Thanks again Stu. And thanks to you PeterM as well.
    Regards, Delight

    Profile photo of picja1picja1
    Member
    @picja1
    Join Date: 2003
    Post Count: 144

    There are a couple of things you can do, but first it sounds like you paid a brokerage for the broker or the lender is Liberty. If it is not Liberty, you should (well most LO Docs do)revert back to the standard variable after 2 years good payment history.

    Problem solved;

    Firstly, if your new loan is at 80%lvr, you could refinance to 90%Lvr. If your property is valued at $380000 you would recieve $42000 extra less costs.
    Secondly, take out a second mortgage on your remaining equity.
    Thirdly, try tactics like approaching the owner of the property you want, to leave some of his/her equity in the property as a second mortgage.
    Forthly, access your superannuation.

    You got heaps of options.

    Need any assistance email:

    [email protected]

    Profile photo of Stuart WemyssStuart Wemyss
    Member
    @stuart-wemyss
    Join Date: 2003
    Post Count: 598

    Picja1 – I’m going to have to disagree with you… in a big way!

    Access superannuation? There are so many things wrong with this comment I don’t know where to begin.

    Borrow 90%? The interest rate on this would be over 9% on a low doc basis.

    Second mortgage – same thing – interest rate is too high.

    My first comment to members of the forum is do not accept any financial advice from a mortgage broker… including me of course.

    Picja1 – I think you have an ethical obligation to understand what you are suggesting before you put it in writing. From your comment I don’t think you do.

    I am over speaking with clients that have followed other brokers advice and suffered. Sorry Picjal. I don’t mean to have a go at you personally.

    Cheers

    Stu

    Property & Finance News
    at http://www.prosolution.com.au

    Profile photo of wilandelwilandel
    Member
    @wilandel
    Join Date: 2003
    Post Count: 761

    Delight,

    I totally agree with Stuart.

    Picja1 is not doing you any favours! I think you have probably suffered enough lately.

    Accessing super is for your retirement. I don’t know much, but most of the suggestions offered sounded quite risky, and inexperienced. Sorry.

    Del

    Profile photo of DelightDelight
    Member
    @delight
    Join Date: 2001
    Post Count: 8

    Hi guys,
    Thanks again for all your replies. I agree with Stuart that i cannot do anything with my super, as far as i know, i can only use it when i retire.
    Thank you again guys for all your inputs.

    Regards, lucky40

    Profile photo of SooshieSooshie
    Member
    @sooshie
    Join Date: 2002
    Post Count: 974

    Hi there,

    I’d go the more conservative way as Stu suggests. Although in fairness to Picja, I think his approach is creative, but I think you really need to know what you are doing before doing the ‘super’ thing.
    On what basis did you pay the mortage broker? Is this part of accessing the low doc loan as Picja mentioned or is this an independant mortage broker?
    Generally the mortage broker will be very helpful, until you suggest

    quote:


    In case, my mortgage broker cannot do anything about this, or if he can suggest something and i am not happy can i get part of the 3,300.00 i paid as his commission


    I think money talks very loudly with MB’s.
    Let us know what you decide to do and how it works out. Don’t give up though, solutions abound!

    Cheers
    Sooshie [:)]

    “small steps make the journey” (SAS)

    Profile photo of DelightDelight
    Member
    @delight
    Join Date: 2001
    Post Count: 8

    Hi Sooshie,
    Thank you so much for your reply. i love reading your posts.Yes, the fee to my mortgage broker is part of accessing the low doc. loan.
    My MB is actually very helpful and nice, he is always there for me, the only thing that upset everything is the equity loan that i didn’t disclose (i’ve stated the reason why on my first post). I don’t think i will give up Sooshie, I’ve started this (only it is a bit messy) so i have to finish it. I have to move on, and i believe that with all the suggestions/inputs from the forum members i can decide which way to go. Yes, i will give you an update on what i have decide.
    Thank you again and have a good week.
    Regards, lucky 40

    Profile photo of picja1picja1
    Member
    @picja1
    Join Date: 2003
    Post Count: 144

    Hey Hey Hey! Bite my head off why don’t you!

    I was only suggesting ways for the person to access funds to start investing, as originally intended.

    Delight, is in a situation where these were/are the answers to his/her problem. WANTING FUNDS to INVEST, now. Didn’t see you guys offer any – only sympathy. These methods were suggestions on how to access these funds, now, since being presented in his/her new situation.
    I believe, the whole situation is mainly the brokers, fault. Yeh, sure, it wasn’t disclosed, but the lender would of told the broker on formal approval, exactly what’s to be paid out. If not then, the broker should always follow the deal from start to finish, meaning contacting the solicitors for settlement and checking the clients are going to recieve, the funds, that they original applied for. I’d ask your lender,when they became aware of it. Because, the solicitors would of known at settlement, you may have been able to stop the loan, then.

    Superaanuation- well,well,well. You can access your superannuation now. How it works (but hold on, I may be too inexpeirenced for this!)is, you do a self managed fund. This means you are in charge of your super and can invest it where ever you stipulate. You may decide to invest it in investment properties, 2nd mortgages,shares etc… What ever you do invest it in, the return must be present to your super fund. For example, invest it as second mortgage loan at 5%p/a. Your super grows at 5%p/a. With this you can go one step futher; loan someone a second mortgage at 5%p/a (you may charge what you desire)and that someone lends his/her super to you at 5% p/a, effectivly assisting your problem at hand. You can even pay IO payments. You can even take security over their cars, as well. But, yes, you can not access the money until retirement(meaning cash in your hand), but it will grow your super faster than any fund is offerring, especially over the last few years, (a loss). And can give you some good practice before you do it with your immediate funds.To set it up costs approx $250 then $1095 per year for audits. Don’t believe me, ring the ATO.

    Also with your super, you can pay for any investment properties and courses, computers and internet charges. You can even buy your business a property and many more.

    Over 9% for 90%LVR Lo Doc. Yes, some lenders,but I DON”T know where you get your lenders from, but mine start at 7.7% and would most probably end up on 8.2%, in this case.
    You would refinance in 3-12 months to the cheaper rates.
    Once again, just an option for the person to access funds, You wouldn’t stay with the same loan for 30 years. Most loans only have a life of 5 years. 18 months if, non conforming.

    2nd Mortgages, depending on term of the loan, start at 6% up to 15%. Once, again, same old story, just informing people of options to accessing funds.

    Geese,shot me down for offering suggestions.

    WINDEL: Where is the risk? Oh wise one!

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    picja1

    Can a superfund actually invest where the security is mortgaged? There are also various rules about superfunds doing things where the trustees benefit, so be very careful before doing this, get some good advice.

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Just found this on the ATO site, regarding Superfunds lending:

    “Loans/financial assistance to members or a member’s relative
    Trustees are prohibited from lending money or providing financial assistance from the fund to a member or a member’s relative. The use of a fund asset by a member or a member’s relative for no cost or as a guarantee to secure a personal loan for example would be in contravention of this investment restriction.”

    http://ato.gov.au/super/content.asp?doc=/content/17585.htm&page=8

    Terryw
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of picja1picja1
    Member
    @picja1
    Join Date: 2003
    Post Count: 144

    Terryw
    1st posting Yes, as 2nd mortgage.
    2nd
    That is reffering to lending to yourself or a family member or a member/trustee of the super fund.

    The super fund is it’s own entity. You can not lend to yourself/family members/fund members/trustees.
    (In Delight’s case he/she would need a friend to do a 2nd mortgage from their super and Delight may return the favour or just use one of my clients super funds. But, it shows him/her that there are still options out there. The whole point of the posting.)
    Anyway, the super fund can buy investment properties and others, as mentioned, previously. How, it is done is; the super fund is, Delight’s Super Fund, any investment with these funds are Delight’s Super Investments and belong to Delight’s Super Fund. You run it as it’s own entity.
    Personal loans are a no no,in general, however, there is a way. But, I wouldn’t bother heading down that road – no need and risky.

    Have I missed anything?

    Profile photo of Stuart WemyssStuart Wemyss
    Member
    @stuart-wemyss
    Join Date: 2003
    Post Count: 598

    Hi Picja1

    As I said, I didn’t mean to have a go at you personally.

    I think that solutions need to make sense. Sure, anyone can borrow money it just comes down to interest rate. But sometimes it’s not reasonable and sensible to borrow additional funds.

    If the numbers work assuming you are paying 8.5% (plus all the costs) then sure go for it. However, for most of us it’s hard enough to get the numbers to work paying 6%. I think that there are only limited situations where borrowing at high rates makes sense.

    Sure you might be able to use super money from your DIY fund. However, if the ATO looks through the transaction (applies their substance over form test) and deems your fund is non-complying then your fund will be taxed at the highest marginal rate (and not 15%). That’s not even talking about the risks with lending monies to friends (even with a second mortgage).

    I used to work at KPMG Superannuation Group. I know how complex the super legislation is and how often it changes. That’s why I don’t offer advice in their area. I leave it to the experts that work in the industry every day. There is no substitute for experience.

    Picja1, well done for thinking creatively. I am all for that. However, maybe you need to consider the risks (or at least point them out) before suggesting solutions. Especially, when you don’t know how experienced the person to whom you are giving advice is.

    Don’t get defensive. I am NOT having a got at you. I’m just making a suggestion.

    Cheers

    Stu

    Property & Finance News
    at http://www.prosolution.com.au

    Profile photo of picja1picja1
    Member
    @picja1
    Join Date: 2003
    Post Count: 144

    Super – well, check with the ATO, everthing I have said complies, you will be on the lower rate.
    In regards to offering advice with super – may be you should, let the people now inexperienced or experienced, that there are other options out there, not everyone knows about DIY Super Funds. This can be a great way to increase your super for retirement time. Considering approx $96 Bill last year went into new DIY Super Funds.

    Also, maybe the numbers would of worked for Delight. Maybe it wouldn’t work to start with, but when refinanced, it might. The suggestion offered a way to get started.

    As for ethics,
    Firstly; I am a member of MIAA
    Secondly check posting “Vendor Finance cops a Flogging” I think my ethics are quite high compared to some of the wrap investors here.

    Profile photo of DelightDelight
    Member
    @delight
    Join Date: 2001
    Post Count: 8

    Hi Stuart & Picja,
    I’d mentioned on my previous post that i am meeting my MB on thursday, but before i made my first post i was so worried because i don’t know what to say when that day will come, and because of your suggestions,advises and expertise it contributed a lot to my self esteem, i can feel that i am confident to do/say what i wanted to ,and i can sleep better. I will keep you inform whatever is the result of our meeting. Okay!
    By the way, my advise to all newbies, if you need some help, advise or anything, don’t hesitate to post it, give it a go,because there are people in this forum who are willing to help you. Imagine, you don’t know/meet these people but look what happen to me if i didn’t post my problem, maybe i am still in shock unitl now. So, to all who give there advised , A MILLION THANKS TO ALL OF YOU, i also want say A SPECIAL THANK YOU to TerryW who answered all the questions i asked off the forum.
    KEEP UP THE GOOD WORK GUYS. I SALUTE TO YOU ALL,NOT ONLY THESE PEOPLE I MENTIONED but to everybody in this forum.
    Have a good week to all of you. Happy investing.
    Regards, lucky 40

    Profile photo of Stuart WemyssStuart Wemyss
    Member
    @stuart-wemyss
    Join Date: 2003
    Post Count: 598

    Hi Delight,

    My pleasure. Investing is a team sport. If we can all help each other than that’s great. I wish you the best success with your investing.

    Cheers

    Stu

    Property & Finance News
    at http://www.prosolution.com.au

    Profile photo of DelightDelight
    Member
    @delight
    Join Date: 2001
    Post Count: 8

    Hi Guys,
    I met my MB today and not a good result, he said he cannot do anything and cannot give me back part of my 3300 brokers fee. Very sad, but, hey, i will just charge it to experience, everybody makes mistake, i just have to move on.
    I decided to do the following:
    1. Stay with them for now and find resources to come up maybe 20,000.00 to buy my first IP to WRAP(i don’t really know where to get that).low doc. 7.40%.He told me (MB) that as soon as i have more income or cash i can start wrapping.

    2. MAybe forget about investing for now and refinance again and get a low interest rate( lower than what i had with bank of melbourne-6.57%)But i have to work out the figures first before refinancing again, otherwise i am just wasting more money.
    But i really don’t want to just forget about investing, as i’ve said, done the first step, i might just keep going even in the zigzag road.
    That’s it guys, and hoping to see anyone of you in one of the seminars or maybe in the carribean, who knows.
    Thanks again for all your ideas and have a lovely weekend.Take care.
    Regards -Lucky40

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