All Topics / Creative Investing / Using a Wrap as a negotiation with the bank
Hi all, I'm just thinking a little creative here to get into property investment and was wondering…
Is it possible to apply for finance on the basis that I already have a buyer lined up for Vendor Finance or will the banks see that as unethical or too high risk?
Would this increase/decrease my chances of approval of the loan?
If anyone has done this before I'd like to hear your opinion.
cheers
Banks generally don't like wraps at all. But they do take into account potential rent on the property to be purchased.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Thanks for the reply.
So really it's just going to be an IP as far as they are concerned? Would I need to disclose this information at all?
cheers anyone who can help.
A.W
As the property is going to be an 'IP', you may need mortgagee consent to let the premises which generally means they will have to view & approve the 'lease'. As there is no lease and no caveat with a wrap, you could always try to run under the bank's radar by not seeking mortagee consent.
SNM
Hate to disagree with you in this statement "As there is no lease and no caveat with a wrap"
The Property Act gives the wrappee the legal right under the Terms of the Purchase Contract to register a caveat against the property.
Richard Taylor | Australia's leading private lender
Sorry Richard, I didn't realise that a wrap contract permitted the registration of a caveat – as I did not believe the documenation created an equitable interest in the land (this lifting wraps a little above where I hold them, still not very high though).
scott,
so your not a fan of wraps?
Thanks all for the info… sounds like if I want to wrap I should not do it straight away, that way the bank don't get the option to not approve the loan based on their disapproval to wraps.
Lenders mortgage agreements would usually prohibit on-selling via an installment contract a property over which they have a mortgage without their permission. Same with granting options over the property.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Ok so what I've gathered so far is:
Lenders generally don't favor wraps…
Yet the lender will need to approve the wrap during application for finance for the property I intend to wrap….
So not telling them is out of the question…
as a wrap can't be performed down the track because the mortgage agreement will most likely prohibit it without their permission.Its legal in most states yet probably not the most ethical and the lender wont make it easy…but it CAN and IS done because its a fairly common practice from what I have seen.
Is it the sort of thing where once you have wrapped once successfully, the lenders are more likely to permit others?
Terry, if onselling a property via an option would require a DFT licence (buyers agent) why wouldn't selling a wrap?
SNM
In Qld if you do more than 6 a year (which we do) then you do need to be licensed.
Richard Taylor | Australia's leading private lender
Hi Richard
Does that rule apply to selling properties under a standard contract?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Terry
Yes in Qld anything over 6 per annum,
If you are selling your own properties as a Developer you require a Property Developers License.
Richard Taylor | Australia's leading private lender
Our solicitor tells us that with a Developers License in QLD you need to deposit the installments with the government until the final payment when you are selling a property you own without an agent being involved.
That's why at his suggestion we now have three separate entities, that allow us to do six times three _new_ wraps per year.
Another way to meet the legal obligation is to get friendly with an agent and put your wraps through his office. You'd normally negotiate a substantially reduced commission for this. Or even get your wife/friend to become a Licensed Real Estate Agent.
But getting back to the original question, plus subsequent ones…
Banks were negative about wraps in the past, but they seem to be less so now.
Before you get the loan, treat it like an ordinary IP. The bank will ask to see a rent appraisal from a RE Letting Agent. For the purpose of establishing income from the property they will initially base their estimate on this, with an allowance for vacancy.
Then wrap the property, ask, and show the bank the contract if they want to see it. We have done so with several banks over the years and they have not objected. e.g. Bank of QLD, Bankwest, Westpac, CBA.
However, when you buy the next property, you can show the bank the income statement for the earlier wrapped house, and they will take the actual wrap payment as the income. Some banks want to see the actual wrap contract (and they seem content with that), others are happy with a statement showing the income. If you use Ezidebit (or similar) to collect the payments from your wrappee you can print out a nice payment history and send it to the bank. The amounts will match up with your bank account where the payments are deposited by Ezidebit.
So it's a little tough in the beginning unless you have a high income separately, but it gets easier as you go on.
We have many houses wrapped using loans from the CBA (NB: Important! Separate mortgages!), and the CBA knows exactly what we do with them. In fact, our banker often asks "Is this one going to be a Wrap or a Lease Option?" But they still ask for a rent appraisal and use that as the basis for the new loan. Of course, as I said above, when the next loan is created this is adjusted to the real income from that property. The exception is where we are renovating a house and there's no one in it yet, and we buy more in the meantime. In that case the bank uses the rent appraisal as before for that particular property. (These days there are so many good buys around that we seem to have a number "in the air" at any one time)Hope this helps a little.
Cheers
MrFairGo,
Brilliant post, that actually helps me out a lot. Thanks so much. I'm in WA and while its legal, there doesn't seem to be a lot of it going on (this could work in my favor) so I'm very thankful for someone who has been through it with the banks already. As I assumed, it gets easier as it goes along, good to hear.
cheers
Hi AdoubleU
WA has its very own rule about real estate Instalment Sales Contracts (often called Wraps), i.e. WA requires that you have a Credit Provides licence if you are going to provide Instalment Sales Contracts within the State.
We are not WA based but our vendor finance friends in WA tell us that the licence is easy to get and not too much of a pain at all. Good luck.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Hi again AdoubleU
As you are thinking of becoming involved in vendor finance, you may be interested to learn a little of its history in Australia. A great commentary on this subject can be found at:
http://www.vendorfinancelawyer.com.au/page28.html Then scroal down to "A Century of use for the sale of Real Estate in Australia".Good luck.
Cheers, Paul
Paul Dobson | Vendor Finance Institute
http://www.vendorfinanceinstitute.com.au
Email Me | Phone MeAn alternative way to finance your home.
Thanks Paul for your info, much appreciated.
Cheers for the link I'm checking it out now.
cheers
AW
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