All Topics / Help Needed! / What is cross collaralised ??

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  • Profile photo of devo76devo76
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    @devo76
    Join Date: 2007
    Post Count: 542

    This gets mentioned alot on this forum in regards to structuring. I assume i have made a bit of a boo boo becouse i think my loans are cross collaralised. I dont see how i could have purchased my IP without doing this as the lender would not have lent me the money without using my current PPOR as security. Am i understanding it right. Can someone tell me as simply as possible what cross collaralised is and the advantages or disadvantages either way .

    Profile photo of devo76devo76
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    @devo76
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    I just read todays tip on structuring and it kinda explained enough for me.I understand the protection side of it to protect you and your assets but as far as the tax minimisation i feel that its not as inportant to me. On a positive cash flow property, yes a trust etc may be the go but sinse mine is negatively geared its not as important to me. Does this sound right.

    Profile photo of Richard TaylorRichard Taylor
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    @qlds007
    Join Date: 2003
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    Devo

    To answer one question at a time:

    1) There are many types of Trust structures. If you hold a property with positive cash flow or run a business with cash flow then simply a Discretionary Family trust maybe suitable.
    If the property you hold is negatively geared and you wish to claim the interest dedcutions then a HDT or Hybrid Discretionary Trust maybe more to you needs.

    2) Most lenders wil encourage you to offer the security of your PPOR or other IP when you are borrowing the full purchase price of any new property but this is not always necessary and is certainly not required.

    To give you an example i saw a client of Friday who had 4 properties with one of the big banks under their lodoc 60 scheme. He now realised the properties had gone up in value and wanted to use the available equity to purchase another property.

    Of course his Bank was is reluctant to offer him any more money although he had over $500K in available equity.

    Structured correctly he would have easily been able to go to an 80 / 85% lend and keep on acquiring properties.

    This is just one example and i can think of many many other examples. Imagine you decide to sell a property down the track that has gone up in value becasue you wish to realise some cash for other projects. You are also aware that you will incur a CGT libaility and therefore now how much of the net proceeds you need.

    At settlement you Bank turn around and tell you that they don’t lend as much as they use to in an area where you have your other IP’s they will require the cash funds to be repaid or held as security given your borrowing.

    This has defeated the whole purpose of selling and now you still have CGT to pay from somewhere.

    There is not enough space on the forum to relay to you all of the horrow stories i have come across in all my years in finance but as i say a little time sepnt doing in correctly will save you thousands in the long run.

    As i have offered to many previous posters I am always happy to have a look at your structure at offer some recommendations. This if course is totally complementary and not a tout for business.

    Cheers

    Richard Taylor
    Residential & Commercial Finance Broker.
    Licensed Financial Planner. Ph: 07 3720 1888
    [email protected]
    New Shared Equity scheme has arrived – Email us for details.

    Richard Taylor | Australia's leading private lender

    Profile photo of TerrywTerryw
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    @terryw
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    Another example.

    I had a client also with 4 properties with one of the big 4. He had everything cross collateralised and when his fixed loan expired he wanted another fixed term. There was a cheaper rate at another bank, but he couldn’t leave the existing bank without getting everything revalued, paying various release of security fees etc. Even if he did want to do this, you could imagine the time it would have taken too, and time is of the essence with fixed rates.

    Also one of his properties had decreased in value. If they were all stand alone, this one could just be ignored. The lender wouldn’t have realised it had gone down unless a valuation was conducted. But if all crossed, then it would have been taken into account.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of emptypocketsemptypockets
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    I wouldn’t be too concerned if you just have the one IP crossed. At the time it was probably the easiest thing to do. Just don’t do it again!

    Profile photo of Richard TaylorRichard Taylor
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    @qlds007
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    Empty that is the problem.

    Once you have the first IP X ed you cannot buy again without uncrossing or just continue along the way.

    it is the first structure that sets the scene for the rest of your investing days.

    If you only have the 1 IP then certainly reconfigure the structure to ensure that it is not crossed but whatever you do do not leave it like that.

    Do it now and it will not cost as much as doing it in the future and if you see a property which you consider to be undervalued and need to move quickly then you can do so.

    If the loan stays X ed then all you are doing is digging a bigger and bigger whole.

    Cheers

    Richard Taylor
    Residential & Commercial Finance Broker.
    Licensed Financial Planner. Ph: 07 3720 1888
    [email protected]
    New Shared Equity scheme has arrived – Email us for details.

    Richard Taylor | Australia's leading private lender

    Profile photo of crusaidercrusaider
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    @crusaider
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    I must have missed the lesson about crosscorateral. I have my own house (just recently paid off ) X -ed with my 3 IP. How do you go about undoing this mess with no blood spilt. !!!!!!

    Profile photo of TerrywTerryw
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    @terryw
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    You will need to get your 3 IP houses valued by your lender and then if the LVRs are 80% or less you can apply for a release of security.

    If your LVRs are over 80%, you could get your home valued too and then get a LOC over this, and use some money from the LOC to pay down the loans on the IPs to make it less than 80%. Or if you had some cash you could use that too.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of BreakEvenBreakEven
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    @breakeven
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    Just be careful of who you speak to and always seek independant advice from people who have experience in investment mortgages.

    I have had previous advisers actually reconmend that we take out x-collateralised loans on IPs. I have also had bank managers talk it down by saying that all banks will x-collateralise anyway and that it “dosnt really matter”.

    Bottom line is dont do it. Im desperately trying to talk my mate out of it, but he thinks its his only option and the bank has made it easy for him to remortgage. He hasnt spoken to an independant advisor yet…. I think this is how most ppl fall into the trap…

    BreakEven[cigar]

    Break’n’Even

    “I have a BMW. But only because BMW stands for Bob Marley and The Wailers, and not because I need an expensive car.”
    BOB MARLEY

    Profile photo of TerrywTerryw
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    It is interesting talking to ex-bank managers. Some say the banks have a policy to cross collateralise as much property as possible as this reduces the bank’s risk by having more security and ties up the clients making it hard for them to leave the bank.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of cruzinbudcruzinbud
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    I may be missing the point, but from what i can gather, a LOC loan is the better option than x coll? Better to stay away from x coll if you want to build a larger portfolio?

    Profile photo of Richard TaylorRichard Taylor
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    @qlds007
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    Cruzin

    It is the only way to go if you want to build a portfolio.

    Cheers

    Richard Taylor
    Residential & Commercial Finance Broker.
    Licensed Financial Planner. Ph: 07 3720 1888
    [email protected]
    New Shared Equity scheme has arrived – Email us for details.

    Richard Taylor | Australia's leading private lender

    Profile photo of spladesplade
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    @splade
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    im still confussed with what x’ing is. this is my understanding, if i want to buy an IP and i already have an ip and I borrow 80% of the cost of the new ip from itself and then i use 20% of my equity in my previouse IP to bring it up to 100%, this is bad? and is what we are talking about?

    instead i should set up a LOC on the first IP and then take the 20% needed for the second ip out as cash. and put it on the second IP as a cash deposit? that way even though i know the first ip was used to fund the second ip’s 20%, the banks dont. for all they know i pulled the 20% out of the first IP and bought a lot of beer?

    Profile photo of TerrywTerryw
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    @terryw
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    thats correct. your security for the second property should be the second property alone. Don’t use the first property to secure it or = cross coll.

    If you use a LOC secured on the first property to raise the deposit it will not be crossed as the title deed for this property is not used to secure the 2nd.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of crusaidercrusaider
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    Thanks Terry,
    What the LOC stands for if you don’t mind asking?. My LVR is more than 80%.

    Profile photo of devo76devo76
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    @devo76
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    I am with one of the big four and past problems have made them give me some good options. But if i want to change lenders in say a year.How hard is it to go to a new lender with all your banking and two property loans and ask for it not to be x,ed.

    Profile photo of TerrywTerryw
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    @terryw
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    LOC = Line of Credit

    You don’t actually need a LOC product, but just a separate loan. Even if your LVR is above 80% it is still possible, but there would be LMI costs.

    Terryw
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    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 dcoffeydcoffey
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    @dcoffey
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    If you use a LOC on the first IP to raise 20% deposit for the second, you then have a mixture of interest on the 1st IP LOC, making tax deductions confusing. Does one need to raise that deposit amount under a separate account but under the same LOC if that makes sense? If so, is this option available with most LOC products?

    David Coffey

    Profile photo of TerrywTerryw
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    @terryw
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    Yes, you should not mix business and pleasure. keep the investment loans totally separate from the home loans. Otherwise it will be a tax nightmare.

    Terryw
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    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 crusaidercrusaider
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    @crusaider
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    Thanks Terry,
    I have acctually set up LOC on my last IP when I payed off my home loan with purpose to use it as a deposit for the next IP. So, if I go to the bank for the next loan they should let me buy it without x-ing it with other IP properties. Is that right?

    I will start undoing all the collateral bundle and try to free the IPs up.
    I guess it will cost me. Any idea what big banks charge for releasing of security.

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