All Topics / Finance / Mortgage Default Question

Viewing 8 posts - 1 through 8 (of 8 total)
  • Profile photo of D and KD and K
    Member
    @d-and-k
    Join Date: 2010
    Post Count: 2

    Hi All

    Well as the title says, I have a question about defaulting on mortgage, well 3 infact. The scenario is, we have had a bad few months work wise, I work for myself and things have been a bit quiet lately (where is the boom that the politicians are talking about). Then my wife got really sick so I ended up not being able to work for about 3 weeks as we had no one to look after the kids. So as you can imagine the finances were not too healthy after that.

    We have 3 properties, our PPR and 2 investment properties held in the same trust. I called the banks last week to discuss getting a break from the repayments about 3 months on each of the mortgages (each mortgage is with a different lender). But unbelievably the banks don’t really want to know about it. One bank asked a few financial questions and said they would get back to me, I heard nothing and chased them up but they said that as it is in IO loan there is no allowance for a break from payments, the other 2 banks said the same.

    Our credit card is maxed out and the only way to make it through the next few months is to default on the mortgages (as far as I can see anyway).

    So that leads to my question, what happens if we do default, do we get penalised, do we get black listed from that bank in the future, etc etc. Any info would be greatly greatly appreciated.

    D

    P.S. We do have equity in all properties so we are planning on selling at least one of them to get ourselves in a better situation but that will take time obviously

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

    hi D

    I think you will find the banks are required to give you a bit of leniency, especially with the owner occupied one. Try to ring them again and talk to the right section. They are generally ok as long as you keep them informed and tell them how you are going to get out of the problem – such as selling one property. If you have equity this will make them even more ok with it. However they could default you and this would show up on your credit file and this will make it very hard to get decent finance in the future – up to 5 years..

    I have a friend who has cancer and he rang up his bank and they put all his repayments on hold for about 6 months. His loans were IO and his LVRs were around 80% too. Westpac is his lender.

    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 BankerBanker
    Participant
    @banker
    Join Date: 2010
    Post Count: 371

    All banks have put concessions in place for customers in financial hardship however you have a couple of problems.

    1. Split banking: banks support their loyal customers. When you have split banking the banks have no way to assess your overall position on an ongoing basis e.g. Less ability to monitor you through your “hardship”. An example of this is waiving interest (yes all the banks can go as far as waiving interest for a period of time) – they will not waive interest if it simply allows you to maintain a debt with a different lender. They generally won’t consider waiving interest if multiple banks are involved – they also all will want to be first in line to part payments so it is near impossible to satisfy one without upsetting another.

    2. Your properties are investment with even your own home in a trust. Depending on the strucutre e.g. If it is a company as trustee :- you won’t get the same consessions you normally would if it was your owner occupied house. Loans to companies are unregulated under UCCC along with loans for investment.

    3. The banks credit / recoveries areas that manage clients in arrears have a common criteria. If the problems were unforeseen e.g. Being sick or made redundant etc – they all apply concessions. However if the problem is considerred self inflicted e.g. You left your job to start a business which did not go to plan – you can potentially be sent directly to recoveries. The majority of clients in recoveries with all banks at the moment are property investors- in many cases the clients have simply over-commited and underestimated the cost of property investing. The true unforeseen circumstances are far less common than the people overcommitting to invest without properly considering the impact on their cashflow.

    One very important thing is whether or not you disclosed your liabiliies to each bank when you applied for finance. If not your loan applications were potentially fraudulent which could result in a very harsh a fast responce from the banks.

    Personally: I would support the lender with your home to ensure they are paid first. Prioritize the lenders based on which properties are more important. Contact all of them and request information on their hardship program.

    All banks have brochures in the branch outlining options in time of hardship so don’t feel that info is not available. Just go to your local branch for a brouchure – it will have all relivant contact numbers required.

    Good luck.

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

    I read it that he owned a home, and then two houses in a trust and assumed the home was in individual names. But it could be a trust.

    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 BankerBanker
    Participant
    @banker
    Join Date: 2010
    Post Count: 371

    You might be right.

    If the owner occ is in personal names it should be covered under the banks hardship policy. Assuming all debts were disclosed at time of application.

    Either way it is important to keep communicating with the lender if you are going to be short on the payments.

    Banker

    Profile photo of D and KD and K
    Member
    @d-and-k
    Join Date: 2010
    Post Count: 2

    Thanks Guys for the feedback.

    Terry you are right our PPR is in our own name so maybe at least I can try them again and see if we can get any reprieve. Also thanks for the insight into how banks think and where to go from here. I will just get in touch with them again and explain our situation and see is there anything they can do as you have pointed out, it isn’t a good idea to just miss a payment but I was starting to think that was the only option…

    Cheers again

    D

    Profile photo of maree_bradrossmaree_bradross
    Member
    @maree_bradross
    Join Date: 2007
    Post Count: 401

    You may be eligible to access some of your super under financial hardship reason

    Profile photo of Ben KBen K
    Participant
    @ben-k
    Join Date: 2010
    Post Count: 103

    My mum had whats called in nz a "mortgage holiday" – 3 months payments on hold. is this applicable here in aus? with my young sister having her 2nd child and doctors bills and whatnot, it really helped her get things back on track.  She simply had to supply some paper work and a written statement, the woman handling it was very helpful. perhaps you could put it in writing if you havent done already?

    wish you all the best mate

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