All Topics / Finance / Finance formally approved… but in fact, not!

Viewing 5 posts - 1 through 5 (of 5 total)
  • Profile photo of FrenchChineseManFrenchChineseMan
    Participant
    @frenchchineseman
    Join Date: 2012
    Post Count: 20

    Hi all,

    I would like to share a story that just happened to me:
    My wife and I just purchased a new IP in Brisbane. Contract was signed mid-May, subject to finance approval.
    Before going into contract, we were conditionally approved (in April) for a larger amount than what we bought the property. After the contract was signed, my broker submitted all necessary paperwork for the loan application to the bank.
    After my broker received the formal approval, I passed this information to the conveyancer and therefore the contract became unconditional.

    Few days later, my broker contacted me as the bank has withdrawn their loan approval (!!!). The bank called my broker and said they made ‘a mistake’, and therefore they were withdrawing their offer letter. My broker pushed very hard, but, even if they were accepting the fact to have made a mistake, they would not come back on their decision and the loan was refused.

    What happened:
    My wife and I are leaving overseas and we were applying for a loan on both names while the title of the property was on my wife’s name only.
    The mortgage insurer has decided post approval that they would not insured a loan with the title on 1 name and the loan on joint names. Apparently, it would come from the recent changes in loan approval.

    How did it end up:
    Thanks to a great team (broker and conveyancer), we successfully went through it. We proposed to the seller to change the name on the contract of sale in order to have both names, which they accepted. The conveyancer prepared a deed of rescission and updated the contract.
    Then, we re-applied for a loan (with the same bank) as tenants in common (1% on my name, 99% on my wife’s name).
    Loan was then approved (and no change of mind from the bank since…) and we’re ready for the settlement next week.

    I guess it must not happen so often (hopefully) to have a loan approval from the bank which is then, later on, withdrawn…

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

    I have never heard of this happening before – thanks for the warning.

    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 Jamie MooreJamie Moore
    Participant
    @jamie-m
    Join Date: 2010
    Post Count: 5,069

    Touch wood – but I haven’t had this occur to any of my clients.

    Glad to hear it all worked out.

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
    Email Me | Phone Me

    Mortgage Broker assisting clients Australia wide Email: [email protected]

    Profile photo of Jacqui MiddletonJacqui Middleton
    Participant
    @jacm
    Join Date: 2009
    Post Count: 2,539

    Gidday Eric

    That was indeed a weird week.

    You may not have realised it, but Richard was literally on the phone to your lender for 4 days straight. Everything else was shelved to deal with this.

    Things that made this possible?
    * The processes your legal rep has had a lot to do with things as well. Steps they do not undertake until it is absolutely necessary made this course of action possible (changing name on contract of sale).
    * The long-standing connections your legal rep has in the area. Being able to pick up the phone and explain a circumstance and course of action and secure agreement is experience money quite literally cannot buy.
    * Your broker’s standing as a highly ranked broker with the lender that can throw his weight around, make demands and dictate how things will pan out.

    Richard’s experience combined with that of the legal reps came up with the appropriate solution and quite literally forced the bank and vendor’s legal rep into complying with the plan (ps normally the bank won’t even take the call or care). I would hate to think how such a situation would have panned out without suitable legal and broker representation. It appears to be essential to have the right folks batting for you these days. The conduct of the lenders in this weird new world make it almost impossible for the common man to safely enter into a real estate transaction with the confidence that “it’ll be alright on the night”.

    Jacqui Middleton | Middleton Buyers Advocates
    http://www.middletonbuyersadvocates.com.au
    Email Me | Phone Me

    VIC Buyers' Agents for investors, home buyers & SMSFs.

    Profile photo of FrenchChineseManFrenchChineseMan
    Participant
    @frenchchineseman
    Join Date: 2012
    Post Count: 20

    Hey Jacqui, you’re right that I owe a big Thank You to Richard for this one.
    As I’ve only been aware of the issue at the end of the few days discussions, and a clear way forward was proposed to me, I didn’t stress much about it. As you mentioned, having a great team of skilled people is really key in such situation.

Viewing 5 posts - 1 through 5 (of 5 total)

You must be logged in to reply to this topic. If you don't have an account, you can register here.