All Topics / Overseas Deals / USA loan for foreigners at 90% LVR?

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  • Profile photo of Troy McErvaleTroy McErvale
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    For the past 10+ years, I have been a mortgage broker in Australia. My knowledge of residential mortgage finance is extensive. For the past 10  months, I have been living in the US, and offering a mortgage fiannce service to foreigners who wished to purchase properties in Australia, but also a mortgage finance service for Australians who wished to purchase properties in the USA.

    It has been quite the challenge to find lenders for my Australian clients. If you are having difficulty finding answers to your questions, and are living in Australia, you must be pulling your hair out.

    In any case, there are solutions.

    One of my private lenders offers loans starting at only $30,000 – at at LVR's up to as high as 90% (for the right borrower and transaction). No proof of income required.

    So stick at it – solutions do exit!

    Profile photo of TerrywTerryw
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    Sounds good Troy

    What sort of rates does that lender offer and how long are the loan terms?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Troy McErvaleTroy McErvale
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    Private money lender with rates staring at 9.5% at 65% LTV, and rates increasing as the LVR increases.

    When you are looking at properties under $100K, these types of loans fill the gap nicely that is currently unserviced. The difference in repayments on a loan of say $50K, between an interest rate of 6.5% and 9.5% is only $125 per month. And often properties in this price range are cashflowing at 15 – 20% yield in any case, so it still remains positively cashflowed, and the percentage return on invested capital is greater.

    Loans are all interest only.

    Loan term is typically 3 years, but shorter and loger terms are available upon request. No pre-payment penalty if the loan is repaid prior to the end of the term, so when lending policy loosens again, the borrower can refinance to a more favorable loan without costly exit fees.

    Profile photo of TerrywTerryw
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    Thanks.

    I would just be worried about refinancing out after a few years. If longer term you could use the cashflow to pay off the loans which would make it safer/

    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 Troy McErvaleTroy McErvale
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    Profile photo of jayhinrichsjayhinrichs
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    Troy McErvale wrote:
    For the past 10+ years, I have been a mortgage broker in Australia. My knowledge of residential mortgage finance is extensive. For the past 10  months, I have been living in the US, and offering a mortgage fiannce service to foreigners who wished to purchase properties in Australia, but also a mortgage finance service for Australians who wished to purchase properties in the USA.

    It has been quite the challenge to find lenders for my Australian clients. If you are having difficulty finding answers to your questions, and are living in Australia, you must be pulling your hair out.

    In any case, there are solutions.

    One of my private lenders offers loans starting at only $30,000 – at at LVR's up to as high as 90% (for the right borrower and transaction). No proof of income required.

    So stick at it – solutions do exit!

    Hard money loan? most hard money loand companies will not go 90% I would venture to guess anyone doing 90 has a vested interest in the asset. and is basically seller ther asset for 2 to 3 time they paid for it and then putting the loan on it.

    US citizen cannot even get 90% unless its hard money or some other owner carry deal where the owner gets all their cash upfront and the loan is gravey.

    JLH

    Profile photo of Troy McErvaleTroy McErvale
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    Hi JLH

    I understand why you would think that. Because, as you rightly point out, most private money lenders don't go any higher than 60 or 70% LVR / LTV.

    This one does. PLUS there are no restrictions on property type – buy one yourself, use an advocacy service, or refinance a property you already own.

    That is what makes it so unusual.

    Profile photo of bennyblancobennyblanco
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    Hey Troy,

    Sounds interesting….

    In what states does your lender’s loans apply?

    Profile photo of Troy McErvaleTroy McErvale
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    Every State in the USA

    Profile photo of jayhinrichsjayhinrichs
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    can I get a link you your website and is there a published rate sheet.

    couple questions

    1. is it 90% of acquisition or ARV appraisal

    2. and if there is no proof of income (stated income loan) is it credit score based.

    3. or to get one of these do you have to prove very large cash reserves and or pledge any cash reserves or any other type of cross collateral. Is this what you mean for the right type of investor.

    Would be interesting to know what the underwriting guidelines are. And what the rates and fee's might.

    OK just re read the thread and at 9.5% and most likely 3 to 5 points you are hard money lending. and when you say the rate goes up for a 90% loan then I would assume it goes much higher.

    These are very dangerous loans for not only the lender as a whole but the borrower I do not know if you have personal Guarantee's attached to these loans. The reality is 90% of the rentals especially at 30k or there abouts will never over time produce 15 to 20% net cash flow. Expenses and vacancies will eat into that figure. So if folks are thinking its as simple as leveraging up at 9.5% and I am going to get my 15% or better and make the spread that is just wishful thinking.

    Its real simple anyone who has any experience in US rentals especially anything that is low end must use 45% to 50% of gross rents BEFORE mortgage payment to figure out their NET yield.

    Very easy calcs and if you use these your not going to get hurt if you think you can do it for half or little to no vacancy or on going expenses then its just wishful thinking.

    Take Gross rent.

    Deduct

    10% for prop management
    15% for tax's and insurance  and if its a state like Texas or City like Detroit tax's Or inner Memphis with its double tax. Tax's will be much higher,
    10% for vacancy reserve and that could be low as its not uncommon for a property to take 2 to 3 months to rent. But 5 months vacant over a 5 year period is not out of the question and is the norm anything less and again its just setting yourself up for dissapointment. I have corresponded with one person on this board who had a friend buy an Atlanta property that took 2 months to rehab once they settled and that was middle feb and as of last communication first of July its still vacant and the rents that were used to calulate the NET cash flow had already been lowered by 10%. So there is no that property for the first 5 years will ever come close to the 12% NET returns that the company who sold it to them touted. negative from day one.

    10 to 15% maintenance especially if its an older home and in a cold climate. on Average thats only spending 700 to 1000 a year to keep your property in perfect shape, and god forbid you have the a turn over of tenant and you have to spend 3 to 5k for new carpets flooring appliances paint etc. Again this is the norm especially in these asset class's.

    So thats 45 to 50% expense's. Some may do a touch better some will have a nightmare tenant and do a lot worse but those are good numbers to plug into the scenerio and see how your going.

    So say you have a 700 dollar rent. deduct 350 right off the top for expenses. that leaves 350 and that 4200 a year net cash flow

    lets say your in the asset 40 to 50k, if you want a decent area. quick math shows you that thats under 10% net return. Which is a great return and realisitic. Add debt service of 9.5% a year and you basically have an asset that is negativily geared ( love that term) when you calcuate in your cost of filing a tax return setting up a LLC traveling to look at the property etc.

    So In my mind if you have a lot of liquidity a loan can be fine because you have the funds to pay it off or suck up the negative cash flow, however if your just a wage earner with good credit and modest CASh savings this is no investment that you should be looking at its far to skinny and risky. 

    Again in my humble opinion and based on owning over 500 cash flow rentals in the US.

    Profile photo of Troy McErvaleTroy McErvale
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    Up to 90% of appraised value – never purchase price.
    No cash reserves or pledging any cash reserves or cross securitisation required
    Not crewdit score based – foreigners will nto have a US credit score
    I am not sure what you mean by "dangerous loans". Maybe what you mean is that they can be negatively cashflowing if the buyer doesn't understand net rental yields. But that has nothing to do with the loan. The loan is simply a tool.
    The lender is a private lender as I stated in initial post.

    Profile photo of HighIncomePropertyHighIncomeProperty
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    Troy
    That sounds like an interesting, albeit very unusual, product.
    As Jay stated, we also work with both US- and non-US buyers, and even our American clients don't get 90% loans.
    What is the lender looking for, in rough terms, both from the investor and the deal itself? We would probably have clients that would be interested in knowing more about the product.

    [email protected]

    Profile photo of MTRMTR
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    Troy McErvale wrote:
    Up to 90% of appraised value – never purchase price.
    No cash reserves or pledging any cash reserves or cross securitisation required
    Not crewdit score based – foreigners will nto have a US credit score
    I am not sure what you mean by "dangerous loans". Maybe what you mean is that they can be negatively cashflowing if the buyer doesn't understand net rental yields. But that has nothing to do with the loan. The loan is simply a tool.
    The lender is a private lender as I stated in initial post.

    Hi Troy
    the concern I have with this loan is it is only for 3 years, what happens after this?

    I would be seeking a minimum of 10 year loan, any chance of this.

    Also, I expect set up fees will be costly?

    thanks, Marisa

    Profile photo of TerrywTerryw
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    Troy,

    I've heard that in America the loans are non-recourse loans and the lender can only take possession of the property if the borrower defaults. They cannot come after the borrower for any short fall.

    Is that the case with these loans too?

    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 jayhinrichsjayhinrichs
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    to answer your question NO.

    thats why there are very few loans for foriegners how would the lender collect on out of country borrowers.

    any lender worth his salt will want a PG, and want the borrower to have something in the states to collect on.

    Profile photo of Troy McErvaleTroy McErvale
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    Hi Terry

    The lender's recourse in this case is limited to the assets of the borrowing entity. So if borrowing in personal name, then recourse will be to assets of the individual borrower. However if borrowing in an LLC name, limited to the assets of that LLC only.

    Hope that clears it up

    Profile photo of jayhinrichsjayhinrichs
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    In a further response to the question of lender remedy,

    different states have different foreclosure laws. you have single action states. Whereby the remedy for default is and either or OR scenario. you can do a non judicial foreclosure and the only remedy is the property, Or you can do a Judical foreclosure which is more common with larger commercial properties and is a law suit to perfect the claim in the promissory note.

    And then you have Duel Action states Like Texas. Another reason I would be very careful investing in Texas. Or at least borrowing money.

    Where you can foreclose non judicially AND get a money judgement on the note. I have done the dual actions successfully in the states that allow and have gotten the property back plus a money judgement against my borrower. Its a very bad thing for the borrower. Not only that we file 1099's for debt relief and the borrower ends up with ordinary income to the extent that there was debt relief. It can be a pretty devastating scenario for a borrower. Just depends how aggressive the lenders want to be.

    Every lender is different of course especially private or Hard. Money. We for instance would never make a loan to an LLC without a personal guarantee backing it up. Others may do things differently

    Profile photo of TerrywTerryw
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    Thanks Troy and Jay.

    Incidently, foreign judgments can be enforced in Australia in many circumstances. I think the judgment needs to be obtained over there in a superior court

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of jayhinrichsjayhinrichs
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    yes they can, I have a buddy at my country club that is an attorney and thats all he does is chase foriegn judgements.

    In a practical matter as to the size of the transactions that I see most AU folks buying its just too much cost to chase down someone out of country. However if you own multiple US properties its very easy to get judgements recorded in any particular state.

    Judicial foreclosures are handled at Superior Court.

    Texas lenders are the most aggressive in the deficinacy judgement collection game, they can be down right ruthless in the pursuit of debtors.

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