All Topics / General Property / What is bad with Cross Collateralisation

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  • Profile photo of HotRodHotRod
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    @hotrod
    Join Date: 2003
    Post Count: 85

    Hi

    For the second time at least I have read that cross collateralisation is potenially bad when investing.

    Can someone explain whay this is so. Does that mean if one property is sold then things get complex with possibly all properties being sold???

    Later…….

    Profile photo of azraelazrael
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    @azrael
    Join Date: 2003
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    Hi there mate,

    I’m just a newbie myself but what I can gather is that cross collateralisation is bad because the you are tying up the equity for all or a few of your properties to fund getting an IP. If something goes wrong with this IP and the bank forecloses then you stand to lose the whole lot.

    O[:)][:)]

    Profile photo of BillfromozBillfromoz
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    @billfromoz
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    Post Count: 381

    G’day Hot Rod…

    As stated in the previous reply you have……. it does tend to give the Lenders more security than is required. This obviously reduces your available equity for another purchase.

    You certainly make it harder for yourself if two or more loans are cross collateralised.

    For example if the properties are “stand alone” deals then it is much easier to sell one of them.
    This is not the case if they are cross
    collateralised. Also easier to borrow additional funds. There are plenty of advantages in “stand alone” deals and if the LVR is at or below 80% they should not be cross collateralised.

    Don’t kid yourself…If you default on an investment property the Lender can Sell up the property in question and if there is any shortfall they will take any other property you have including your own home.

    Stand alone deals you have better control of your properties and Finances.

    Cheers

    Bill O’Mara
    Real Estate,Mortgages,Share Market Strategies.
    [email protected]

    Profile photo of Stuart WemyssStuart Wemyss
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    @stuart-wemyss
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    X-collateralisation is not “bad” per say… it’s just not optimal.

    The advantages of not x-collateralising are:

    1. Properties are not tied to one bank.
    2. Doesn’t give the lender access to all security.
    3. Deling with one property does affect other loans/properties.

    Cheers

    Stu

    Profile photo of noddiesnoddies
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    @noddies
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    Hi All[:)]
    One of the reasons is it gives you more protection against losing your principal place of residance if an investment goes bad.
    Basically your home can be with one bank whilst your investment streams can be with another.
    If you get into trouble then you can sell one of the investment properties and use the cash to reconsolidate debt without having your home affected.

    Regards
    Bryce Inglis
    [email protected]
    http://www.ipal.com.au

    Profile photo of melbearmelbear
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    @melbear
    Join Date: 2003
    Post Count: 2,429

    It also means you can utilise different banks for different loans. Then when you have a new property you need a loan for, you are an existing customer of more than one bank, and sometimes it’s easier to go to them first – you can ‘shop’ your loan, and tell them you are looking for the best deal.

    For instance, we had all loans with St George, who wouldn’t come to the party last year for our next lot. We wanted finance at valuation for an off the plan purchase. NAB were going to do it, but then we found out that they would only offer that deal if we were existing clients.[:(]

    We now have a couple of properties with three different banks to give us the flexibility.

    Cheers
    Mel

    Profile photo of MobileMortgage3MobileMortgage3
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    @mobilemortgage3
    Join Date: 2003
    Post Count: 21

    Hi Hot Rod
    Something else to think about with regard to x-coll
    Is serviceability,
    When you hit a particular lenders max lend amount,
    Some reasons given by lenders may well include…
    Lenders may feel you are to rent reliant to service the debt,
    this can be a problem if you have a high level of mortgage insurance
    attached to your loans, and a high LVR.

    Some ways around this problem include, but are not limited to,
    use multiple lenders, larger deposits low LVR,
    have your investments set up in a trust
    (Seek advice from an accountant) on this issue.

    Hope this is of some help.

    Regards Steven.

    Mobile Mortgage
    [email protected]
    Phone 0402483216

    Profile photo of Richard TaylorRichard Taylor
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    @qlds007
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    Hi Hot Rod

    1 point eveyone appears to have missed is that it is a breach of the Property Act to cross collateralise the loan on a property which is subsequently sold under an Installment Contract.

    Cheers Richard
    [email protected]
    http://www.fhog.com.au

    There is no such thing as a problem.
    Just a solution waiting to be found

    Richard Taylor | Australia's leading private lender

    Profile photo of NATS12NATS12
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    Please elaborate Qld’s 007. I do not understand your point entirely.

    Profile photo of MobileMortgage3MobileMortgage3
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    Quote:
    Hi Hot Rod

    1 point eveyone appears to have missed is that it is a breach of the Property Act to cross collateralise the loan on a property which is subsequently sold under an Installment Contract.

    Cheers Richard
    [email protected]
    http://www.fhog.com.au

    Hi Richard
    X Coll in this case is with multiple ips,
    Example, (IP A) 200K loan commitment with ANZ Bank
    (IP B) 200K loan commitment with NAB Bank

    Regards Steven.

    Mobile Mortgage
    [email protected]
    Phone 0402483216

    Profile photo of TOWLIETOWLIE
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    @towlie
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    Can Cross Colateraliation be undone?

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Luckily cross coll can easily be undone after some growth. Simply apply to your lender for a release of security. for a small fee they will get the property revalued and un cross it (if equity is there of course).

    Another disadvantage may be higher LMI premiums. If you are using 2 properties as security, you may have to pay LMI on both-depending on how high your LVR is.

    Steven, are you saying that setting up a trust affects serviceability? I have found that it makes no diffence as the lenders require personal guarrantees anyway.

    Terryw
    Discover Home Loans
    North Sydney
    [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 BillfromozBillfromoz
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    G’day Hotrod…

    If you had asked ” What’s good about XColl…

    You’d have got 9 short answers……….“Nothing”

    Bill

    Bill O’Mara
    Real Estate,Mortgages,Share Market Strategies.
    [email protected]

    Profile photo of MobileMortgage3MobileMortgage3
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    quote:


    Steven, are you saying that setting up a trust affects serviceability? I have found that it makes no diffence as the lenders require personal guarrantees anyway.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]


    Terry,
    One of the advantages with trusts,apart from asset protection, is the ability to distribute profits in a tax effective manner,
    hence increasing funds and the level of serviceability,
    here is a link to more information regarding trusts,

    http://www.strategicwealth.com.au/e2content.asp?Request=Structure.Structure

    http://www.gatherumgoss.com/news.htm

    seek Professional advice from an accountant regarding the benefits of using a trust.
    regards Steven.

    Mobile Mortgage
    [email protected]
    Phone 0402483216

    Profile photo of TerrywTerryw
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    Steve

    So you are saying that trusts can save you tax. but it makes no difference in serviceability if you borrow through a trust or not because personal guarrantees need to be given. Infact it may even hinder serviceability by using a trust because you, as trustee, would be responsible for the loan, but may not receive any income from the asset as a distribution as the income would go to the benficiaries on the lowest taxable income.

    Terryw
    Discover Home Loans
    North Sydney
    [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 MobileMortgage3MobileMortgage3
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    quote:


    Steve

    So you are saying that trusts can save you tax. but it makes no difference in serviceability if you borrow through a trust or not because personal guarrantees need to be given. Infact it may even hinder serviceability by using a trust because you, as trustee, would be responsible for the loan, but may not receive any income from the asset as a distribution as the income would go to the benficiaries on the lowest taxable income.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]


    Hi Terryw
    You say, “it makes no difference in serviceability if you borrow through a trust”
    And “income would go to Beneficiaries on the lowest taxable income”

    Beneficiaries of a Hybrid Trust can include you or your partner, spouse, Children etc.

    You also say, “personal guarantees need to be given”

    The guarantee is the trust, and you pay the loan,
    Regards Steven.

    Mobile Mortgage
    [email protected]
    Phone 0402483216

    Profile photo of TerrywTerryw
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    @terryw
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    Post Count: 16,213

    Steven

    I am not sure I understand what you are saying. being a beneficiary of a discretion trust or a hybrid trust is no guarrantee of income. It is up to the trustee’s discretion. But since personal guarrantees are involved, you would personally be responsible for the loan. Therefore you must inform future lenders about your guarrantees.

    Terryw
    Discover Home Loans
    North Sydney
    [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

    Steven

    I am not sure I understand what you are saying. being a beneficiary of a discretion trust or a hybrid trust is no guarrantee of income. It is up to the trustee’s discretion. But since personal guarrantees are involved, you would personally be responsible for the loan. Therefore you must inform future lenders about your guarrantees.

    Terryw
    Discover Home Loans
    North Sydney
    [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 AdministratorAdministrator
    Keymaster
    @piadmin
    Join Date: 2013
    Post Count: 3,225

    Having all one’s properties tied up for the one loan takes away one’s manoeverability.

    If you get yourself into trouble it may be difficult to get one’s lender to increase the loan amount or, for that matter, to get the lender to release one of the properties (so you can raise money on it).

    Another problem may be that if one happens to sell a property the lender may insist on some (or all) of the sales proceeds being used to reduce their existing loan.

    So to place oneself in a better situation give a lender as little security as possible.

    Cheers,

    Pisces133

    Profile photo of MobileMortgage3MobileMortgage3
    Member
    @mobilemortgage3
    Join Date: 2003
    Post Count: 21

    Hi Terryw

    I have contacted DaleG, Accountant, and Trust Guru, and invited him to stop by here, to help explain and maybe enlighten a few here with regards to some of the Trust issues discussed,

    In the meantime I have included a link to an interesting discussion at the Somersoft Forum where DaleG regularly contributes, you may find this particular discussion relevant to the discusion here.
    http://www.somersoft.com/forums/showthread.php?s=&threadid=12237

    Also, below is a link to DalG web site.
    http://www.gatherumgoss.com/

    Kind Regards Steven.

    Mobile Mortgage
    [email protected]
    Phone 0402483216

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