To get your borrowing capacity "back into shape" I'd be tempted to go with duckster's suggestions above, i.e. sell one of the properties. But, instead of selling it traditionally, sell it with an Instalment Contract (IC). This type of sale would get you an upfront deposit, fixed positive monthly cash flow of at least $500 per month (after all expenses) and fixed capital gain.
With all expenses covered on the place you sell with the IC, you'll still have at least $500 per month to support the other properties. It may even be worthwhile selling the other under-performer as well, i.e. turn the under-performers into cash cows and, with your new found serviceability, research other ideas that appeal to you.
Mike is correct, however you should also recognise that most mortgage documentation also; 1. Requires you to get lender approval to rent the property 2, Requires you to get lender approval to sell the property 3. Requires you to get lender approval to make any changes to the property
That is, there is quite a large list of what you can't do. As to whether everybody adhere's to the exact wording of their mortgage documents, I'll leave that up to you. Of course the lenders do use all these different clauses quite expertly when they need to, i.e. when you don't pay
A 5 year term I/O, amortized over 25 yrs with the balloon payment works as follows: 1. The term of the second mortgage is 5 years, or whatever you can negotiate. The longer the better, for you. 2. Interest Only – self explanatory 3. Sorry, it's Interest Only, so you just make I/O monthly payments. If it was going to be a Principal and Interest loan, you can make payment as if it were a 25 year loan and pay the remainder (the balloon) at the end of the 5 years. 4. In the I/O case you would just pay the original principal owing at the end of 5 years (the balloon).
The deadline of 31 December was only for people who "registered" for the ACL prior to 30 June this year. This "registration" allowed existing businesses the opportunity to continue to run their businesses from 1 July to 31 December, under the "registration". It also meant that existing businesses then had from 1 July to 31 December to put in their full application for the ACL.
For new entrants into the business, like yourself, your only deadline is that your first regulated transaction must have licence coverage before you undertake it. If you have no prior experience in the Credit Industry, you will need to do a Certificate IV in Financial Services (Finance/Mortgage Broking) before apply for an ACL. My suggestion would be: 1. Get your Cert IV. It can be done in via various teaching methods. The quickest is the 3 day, in classroom, course. We can organise that for you or you can organise it yourself. I've seen 3 day courses from between $900 and $1,100. 2. Then think of using our ACL Pack for the ACL application process.
Please excuse the current VFI website. As you mentioned, it's a bit clunky. The new improved one is under construction.
Like NSW, stamp Duty is payable within 3 months of Exchange of Contracts, i.e. you have 2 months to register the documents/transfer and 1 month to pay.
I usually deal with residential property so I'll stay out of the GST question.
I'll assume the property is not zoned residential as that will mean your loan(s) on the property will be unregulated by the new National Credit Code. I'd guess that the 60% you get from a traditional lender could easily be structured as I/O for at least 5 years.
You could then offer the Vendor a second mortgage for the remaining 40%. To make it more attractive to the Vendor, you may offer him/her a 5 year term, I/O, amortised over 25 to 30 years (to keep your monthly repayment reasonable), with a ballon payment, for the remainder of the loan, after 5 years. All secured by a caveat.
If I was the vendor, I wouldn't accept your offer but it's worth as try. You did mention he/she is motivated
You might like to consider structuring your next IP so it generates positive cash flow and fixed capital gain, i.e. buy your next property and on sell it with a vendor financed Instalment Contract.
We have been doing this for quite some time and find it to be a good tool to increase the speed of our portfolio building. It is often possible to structure it so that one of these +cf and fixed capital gain properties, supports another similar buy & hold.
Yes a lot of vendor financiers have received their ACL's. I think the reason for this is vendor financiers operate in both areas of the new NCCP Act 2009, i.e. we "provide credit" and we "provide credit advice".
When the ACL was first brought to our attention early this year, we were concerned that the general vendor finance industry might make the mistake of ignoring it, so we decided to create a course to both help vendor financiers get their ACL's and to make us some money
We find that once our clients get the ACL Assistance Pack, it usually takes them, on average, about two weeks to get the ACL. Not that it takes that long but life intervenes. If you really got stuck into it and depending on the back-log in ASIC (they've recently been swamped), you could get it done in just a few days.
I agree, the first half of next year will be very interesting as the penalties for operating while unlicenced are large. Some vendor financiers will make the decision to operate with Lease/Options only, as they aren't regulated under the NCCP. However I think they'll find they're on a "one trick pony" and it may limit their business in the future but then, I'm biased
After making all the "newbie" mistakes in the world, we ended up making $19K from our first VF transaction. If I had done it with an experienced VF'er, the transaction would have had a total profit of about $35K. Having done it with an experienced VF'er would have given me about $17,500, i.e. not as good as what we managed to achieve ourselves.
The challenge was, the "newbie" mistakes took a while to disappear, i.e. they carried on into the next few tranactions, effecting our earning capacity seriously. I believe hands-on "doing" is one of the best education systems. Sitting in a classroom, for however many days, is how we started but I wouldn't have, if "on the job training" had been available back then.
The two main reasons for using a call option in real estate are: 1. to control some property while you get a Development Application done and 2. to control property that you intend to occupy or on-sell to others with some form of vendor finance.
We work in the second area and if you'd like to learn about real estate vendor finance in Australia, I suggest you do a search for Vendor Finance here and in the Somersoft forum. You'll get an immense amount of reading material in both these forums.
We could do the plumbing ourselves but we budget to use a plumber. To us, paying property management fees to a GOOD property manager, is far more preferrable than the sheer frustration of working within the Residential Tennancies Act.
Our favourite property manager had a great nickname, "The Terminator" i.e. make sure your property manager is fair but tough and meticulous when it comes to regular inspections. It doesn't overcome all the challenges generated by tenants but it sure keeps a lot of the rubbish away from us.
You might like to consider structuring your next IP so it generates positive cash flow and fixed capital gain, i.e. buy your next property and on sell it with a vendor financed Instalment Contract.
We have been doing this for quite some time and find it to be a good tool to increase the speed of our portfolio building. It is often possible to structure it so that one of these +cf and fixed capital gain properties, supports another similar buy & hold.
ASIC recently made it known that unless you get your ACL Application into them by 10 December, you will not receive your ACL before 31 December. 10 December is only 3 weeks away!!
Vendor Finance Institute ran it's last ACL Application – Assistance Day, in Brisbane on 13 November and have no further Assistance Days programmed for this year. In an effort to ensure we help as many Vendor Financiers get their ACL before the end of the year as possible, we have turned the Assistance Day into a DVD set that's available as of today.
The ACL Application – Assistance Day consists of: 1. A manual that shows every page you will encounter during your ACL online application. Plus answer pages, so that you will have all the answers for your application, before you start the actual online application. The manual also contains printouts of all the Manuals, Policies and Documents ASIC require you to have to be eligible for an ACL. 2. A flash drive that contains all the Manuals, Policies and Documents mentioned above, in MS Word format, so you can add your business details to the Templates provided and edit them as required. 3. Me standing in front of you for a day, working through the manual and the contents of the flash drive.
The ACL Application – Assistance Pack is the same as the Assistance Day, except we replace me, standing in front of you for a day, with a set of two DVD's, of me working through the manual and the contents of the flash drive. All in all, 3 hours and 16 mins of sheer excitement
The DVD set, i.e. our Assistance Pack, will allow you to work at your own pace, while still covering all the information provided at the Assistance Day.
If you are interested in applying for your Australian Credit Licnece (ACL), we have just launched our ACL Assistance Pack for Vendor Financiers. Information is available at: http://www.vendorfinanceinstitute.com.au/acl-pack.html
We've made this Pack available because we ran our last ACL Assistance Day for Vendor Financiers on 13 Nov and and many VF'ers still need to get their ACL's before 31 December, as their "Registration" for the ACL runs out then.
There's also an interesting quote from a very experienced vendor finance solicitor, made a month or so ago, that goes, "anyone serious about vendor finance cannot be a one trick pony – that is, do lease options only".
Steady employment and good serviceability. We also look at how often they move their PPOR and we make a point of visiting their PPOR if possible. How they treat the property they're currently living in, will be mirrored in the property you're selling them.
If you get hold of a traditional lender's home loan application form and look at their questions, you'll see all the important points. We may reduce the deposit requirement and accept some small "paid" defaults on potential clients credit reports but otherwise our application form looks pretty much the same as a traditional lenders.
Some aspects of our business we will keep confidential However in relation to your question about our VF buyers attitude towards capital gains, I'd say it's almost non existant. Normally our buyers have been locked out of home ownership for some time because of their inability to get a traditional home loan and they're usually pretty unhappy about that sittuation.
Their focus becomes home ownership. They know they pay a premium price when they buy from a vendor financier but it doesn't seem to worry them. I've told buyers what I've paid for a property and they certainly know how much it's costing them. Their response, almost without fail is, "you've got to make your money" and we move on. They also know they would probably never save the deposits required by traditional lenders, so they've worked out that, over time, they'll recover the premium they've paid.
About 20% of the Australian population is locked out of home ownership because they can't get traditional home loans. There's no doubt in my mind that quite a large number of these people shouldn't get loans but there is a percentage that are locked out because they can't get the necessary deposit together, are newly divorced, are newly self employed, etc, etc.
While the traditional lenders cherry pick the section of the market they are prepared to lend to, vendor financiers must work out who they're prepared to work with, based on the new National Credit Code and the risk profile they are happy with.
A period of high capital growth. This is because it enables your VF buyers to refinance as soon as possible and give you your back-end profit, i.e. the difference between what you bought the propery for and what you on-sold it for, less what they've paid off while they were with you.
However, interestingly we manged to start 2003 and, of course, at the end of 2003, capital gain in NSW slowed dramatically and hasn't done terribly well since. This has forced us to structure our VF business so it works well in both high and low capital gain environments.