I know on this website it does say that wraps are legal in all states except South Australia, but I believe here in WA that DOCEP ( Department of Consumer & Employment Protection )has made it illegal for anyone except a licensed credit provider to wrap properties.
There might be a thing worth reading in Docep’s statement. In trying to create a convincing win-win wrap deal how would one mitigate these two points raised by DOCEP:
1. “If either party defaults on the payments, the end-buyer has no equity in the property and no certificate of title, compared with the original purchaser whose name appears on the title and who may on-sell the property again.”
2. “Furthermore, if the ‘wrapper’ defaults on the mortgage or goes bankrupt, the end-buyer is unlikely to receive any of the proceeds unless there has been strong capital growth over and above the outstanding mortgage.”
DOCEP is doing some good things regarding licensing but they are taking things a little far regarding the requirements. Waken, if I was wrapping a property as the purchaser, I would be lodging a caveat on the property to ensure I can have a go at getting some of my money or equity back. A good legal adviser would inform their client of this.
I have been through it.
Seems pretty straight forward if you can demonstrate experience and sufficent asset base to
meet their requirements.
No more difficult that a restrictd mortage brokers license & business certficate
Chris Gray
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