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For either case it would depend on the Contract of sale and in which State the properties are in, in some States there may be provision that settlement may take place within 7 or 14 days of the actual settlement date
In the case of the Bank not being able to settle, and as previously posted if they had documents 3-5 working prior to settlement and they were all in order, then any penalties charged by the vendors should be reimbursed by the Bank. The Bank should've known the settlement date when documents were prepared if not before then so no excuse not being able to meet settlement
For the vendor delaying due to lost title, once again depending on the provisions in the contract and which State you maybe be able to claim actual costs incurred or penalty interest. However in these type of cases you may need to demonstrate actual costs have been incurred ie additional rent paid before being able to settle and move in etc
Edit: This is not legal advice and you should always refer to your solicitor or conveyancer as these instances is why you are paying them.
This may also create an issue with Stamp Duty payable on the Transfer as the State Revenue Office may interprete the sale price ~$150k less than market value an attemp to avoid duty payable.
Will the purchaser also need to pay maintainence/upkeep for the next 20-30 years ?
If you take a copy of the contract of sale, hopefully unconditional, for the block that your selling to the new lender(s) the worst is that the new lender may give you an approval 'subject to settlement of xx block' and/or funds from settlement (or a certain amout) to be applied in reduction of debt etc
I've seen plenty of settlements delayed/postponed due to a number of 'transactions' happening at once
A lot of lenders are still only lending 90% LVR for owner occupied construction (Fixed Price Contract) LMI are also being a little hesitant on some deals
For a development deal such as yours I would think 80% LVR would be the most you could expect and this will probably not be at 'Home Loan' rates
If all the security is cross collateralised i.e. all properties secure all loans, I would suggest that you hold of as although the refinance settlement may take place prior to the 22nd when the sale is due it may not leave enough time for the new mortgage to be registered (this is depended on the Land Titles Office in the state that the security is in).
Note that some lenders can take up to 20 working days to process a refinance settlementThis delay may cause an issue for the purchases lender as some do not like settling a property with unregistered dealings ie your new lenders mortgage on the property.
However if your lending has 'stand alone' security just refinance the loan/property that you are retaining
Mortgage Insurers do not like high tension/voltage power lines at all and have a minimum distance requirement, although I can't recall what this distance is. It might be less than 100 metres or 300 metres
Some lenders may also have issues as some tend to follow LMI guidlines anyway if if less than 80% LVR
It would depend on the particular properties in question, a good sized unit in good condition in Mont Albert maybe a better investment than a small house in 'average' condition in Ringwood.
I would expect that there would not be much difference between an average unit compared to an average house and wouldn't get to worried about the difference, it is difficult to judge as I don't think a comparison between a house to a unit cannot really be made.
Pick the one that would suit your lifestyle better i.e. House/Garden etc a little further out or a Unit/Apartment a bit closer.Double Post
kylieandronnie wrote:When refinancing 3 loans with one lender do you have to disclose all other loans with other lenders and in other trusts?
And do they find out anyways with credit checks???Yes you should disclose ALL other assets, liabilities / commitments as this may have an impact on your serviceability (ability to repay etc). Most Loan Applications will include a declaration that all information provided is true and correct (read the fine print).
Lenders will at least get a CRAA (Credit Check report) which will show previous credit enquiries along with any defaults & judgements etc. Depending on the lender and how thorough they are may query any previous credit enquiries and even for some too many enquiries may involk an automatic decline.
Some lenders may also conduct Titles Searches (by borrowers name) to identify / confirm any other properties owned, these titles searches will also show registered mortgages on these properties.
Often discovery of non-disclosure of other liabilities or relative information will also involk an automatic decline however in the interest of 'making a sale' this may be overridden.I believe it is always best practice to give full disclosure of your situation to enable the prospective lender to be fully aware of your situation
You havn't mentioned which State your purchasing the property in, however usually the Trust will need to be established prior to signing of any Contracts etc
You may be trying to shut the gate after the horse has bolted
Loch Sport & the Gipplands Lakes in general are great and the new sewage plant in Loch Sport will only add to the popularity.
However as with most Victorian Coastal areas there is an Inundation Overlay, due to the predicted rise in sea levels, and would be weary of exactly where to purchase in these Coastal areas and particualrly note possible additional building requirements and extra costs etc
Such a delay does appear to be unusual, I would suggest you refer to the solicitor/conveyancer that prepared and lodged the Transfer etc or if there was a Loan/Mortgage involved refer to your lender who may have lodged the Transfer with their mortgage
Also check the plans carefully and ensure that it is clear of what you are buying in respect to layout, fittings, floor coverings etc & size of rooms INCLUDING ceiling height etc.
There was a legal case sometime ago with a Southbank building where the ceiling height was reduced in order that an additional floor could be squeezed in !!
As already said do your homework and figures VERY carefully as the value of the property could reduce once completed (has also happened in Southbank/Docklands area) as you may then have trouble obtaing finance as lenders will take the lesser of either contract price or valuation (on completion). The reverse could also be true and a good capital increase can also happen
Usual minimum size for most lenders is 50 sqm and some may also restrict the LVR due to number of units in the area and the lender may already have a large exposure
These comments are only my opinion
Most pre-approvals will indicate a maximum amount of the loan (based on servicablity) that you can borrow and a maximum LVR so if your looking at 5% deposit (LVR =95%) your maximum loan for a $460,000 property should not be less than $437,000.
If the max loan amount is less than this re-do your figures to work out what you can pay for the property
Don't forget you will also need to pay Stamp Duty (approx $20,000) and also Mortgage Insurance premium and registration costs etc. Your Credit Union/Bank Loans officer should be able to run through this with you
Would also agree with Richard that Finance can easily be arranged and maybe be also 'subject to sale of property x' both for the equity contribution of ~$150k (if needed) and also to reduce commitments.
If you could provide copies of last 2-3 years tax returns from your trading activities to verify your income most lender sshould be able to use this and your wifes income to establish servicability.
Some Lenders may have trouble using your share portfolio as collateral due to the nature the documentation required and due to the fluctuating value of such collateral. For some lender its just to hard (although not really)
I would also suggest that most lenders would not at all be interested in using your mothers house as collateral as they would be very hesitant in regards to 3rd party nature of the security, there have been some court cases where such security has been deemed as not enforcable and the courts have 'put aside' this type of security
From the amount of the fees I can assume the property is in NSW, they are standard Land Titles Office fees to register the Discharge, Transfer & Mortgage
These fees should have been specified in your Mortgage Loan Contract along with any other bank/valuation fees etc.
The $95 Discharge fee is the responsibility of the vendor and your conveyancer/solicitors should've allowed for this in the settlement adjustments
ryan mclean wrote:What are the LVR's on a no doc loan? How much more expensive are we talking?Will depend on the Lender, most of which would be Finance Companies and not Banks, some of these companies may not be 'trading' ie no new loans just managing existing portfolio, mainly due to the GFC.
Not sure how many / if any are even doing No DocDepending on the property (Commercial/Residential) the LVR would be around 60-70% at most with a rate of approx 2-3% + above 'regular Bank rates'
Note that I havn't worked in this area for almost 18 months so above could be considered as a guide only
If the property is genuinely 'Off the Market' and no longer for Sale there shoudn't be a problem cancelling the agency agreement however the agent may wish for you to pay for any advertising costs etc already incurred. As others have said read the agreement
Just be carefull if the other owner changes their mind and wishes to sell the Agent may have cause to take action if you go to another agent within the time period of the initial agreement
It may be best if the other owner doesn't wish to sell is to get an independant sworn valuation and get them to pay you half the value, providing of course you both agree to the amount & the other owner can afford/borrow the amount
If the property is genuinely 'Off the Market' and no longer for Sale there shoudn't be a problem cancelling the agency agreement however the agent may wish for you to pay for any advertising costs etc already incurred. As others have said read the agreement
Just be carefull if the other owner changes their mind and wishes to sell the Agent may have cause to take action if you go to another agent within the time period of the initial agreement
It may be best if the other owner doesn't wish to sell is to get an independant sworn valuation and get them to pay you half the value, providing of course you both agree to the amount & the other owner can afford/borrow the amount
If the property is genuinely 'Off the Market' and no longer for Sale there shoudn't be a problem cancelling the agency agreement however the agent may wish for you to pay for any advertising costs etc already incurred. As others have said read the agreement
Just be carefull if the other owner changes their mind and wishes to sell the Agent may have cause to take action if you go to another agent within the time period of the initial agreement
It may be best if the other owner doesn't wish to sell is to get an independant sworn valuation and get them to pay you half the value, providing of course you both agree to the amount & the other owner can afford/borrow the amount