We use both Lease/Options (Rent To Own) and Wraps (Installment Sales Contracts) in the current market. We find that it's the particulars of each property transaction that steer us towards one of the many vendor finance strategies. However starting off with just one (or two) strategies is a good way to get going.
With the exchange of contracts that has taken place during the wrap process, it is likely that the court will decide that you have disposed of the property and the only part of the property that you retain, is the future proceeds from the Instalment Sales Contract (wrap). Therefore I believe the Family Law Court would divide the future proceeds from the wrap as it sees fit.
However, this is just my opinion. I'd strongly suggest that you talk with a vendor finance savvy solicitor about this.
We, that is my wife and I, have had great results from what would "affectionally" be called one of the "gurus" in the marketplace. The education hasn't been cheap, if you look at it from the point of view of where we were when we started but it looks very cheap today, ie. from the point of view of owning a successful Vendor Finance business.
I'd suggest that all the "how to" knowledge we've learned over the last 4 years could have been learned at TAFE or University. However, I'm not sure how long it would have taken and whether some of the "out there" techniques we've learned would have been available.
Sure, at the traditional learning institutions you'll learn the "how to" but in business that's just a fraction of what you need to be successful. We found our mentor, because he'd "walked the walk" and because of his passion, was able to get our business kicking goals in what we regard as a short period of time.
As with all endevours, do your due dilengence first. There are good mentors/gurus out there and there are shonks. Good luck.
The only difference between a first and a second mortgage is that the first mortgage was placed onto the property's title ahead of the second mortgage, i.e. for both loans a mortgage was signed but the "first mortgage" was placed on the title before the next mortgage (the second mortgage).
We often supply and receive second mortgages. We find it is easier to secure our mortgage with a caveat. If you try to register your mortgage on the title (other than in Qld), it tends to get messy as you need to get a Deed of Prioity in place with the first mortgage holder. We've found that a caveat protects our mortgages well. I hope that helps.
We went through the same thought process a few of years ago, i.e. self manage our I.P.'s. I've got to say that, for us, it was much harder than it looked and we soon went back to a Property Manager.
If it looks just "too easy" now, that's probably because you've got a good property manager
As this is something that you may not have doen before, it helps to keep it simple. First step is to contact the owners direct. A couple of ways to do this is via the Strata Committee President (or Manager) for the building or RP Data (in most States).
When you get to talk to the owner, just ask them if they wold be interested in giving you a long term lease, at above market rental, with a view to you being able to purchase the unit, down the road.
That should get you going. Feel free to PM me with the results. Good luck.
Gosh, I'm going to have to slap myself on the wrist again Why, well I paid $10,000 for a full year of mentoring and, at the first get together, learned a technique that no one in the group had ever heard of before. So I went straight out and used the technique and earned myself $36,000 on that transaction. And I still haven't seen it written about in any book (and I've read most of the list at the back of API).
Keep them coming though, I love your masterful generalisations, e.g. "I think that people who attend property seminars and the like are mugs. There is nothing that these seminars can tell you that a couple of books, a bit of research and some basic common sense can't tell you."
Also, a solicitor with a great deal of experience of Vendor Finance in Australia has some interesting information and history of Vendor Finance in Australia at: http://www.vendorfinancelawyer.com.au/news.php
Yes it is possible to secure the property a quite a late stage of the default process but, if the loan has been moved onto the banks lawyers and a Writ of Possession has been issued or is about to be issued, then it is probably best to hold off until the mortgagee auction.
However, if the loan is not with the banks lawyers yet, it is possible to take control of the property, in the first instance and then purchase it at your liesure. However, there are so many variables in each particular case, it's just not possible to go through it all here.
Please feel free to give us a call at the number below or 0447 973 235, after about 3.00pm tomorrow (Tuesday). I get back into the country at 2.30pm
Gosh I must remember, in my next life, to never attend a seminar because, before I attended, I had my PPOR and now I control over $xx mil in property. All done with various seminars and a couple of books from Robert Kiyosaki and John Burley. Sorry, no university and utilised one of the seminar presenters as an on-going mentor (and paid heaps for the privilege).
Thanks for showing me the terrible mistakes I've made
Our business involes buying and selling properties with vendor financing, i.e. Rent To Own, etc. Please feel free to give us a call to work what needs to be done to get you back into a CF+ position.
Why is the vendor selling, i.e. what are his.her plans for the money and why do you want to buy, i.e. PPOR or investment? If you can give us more information, I'm sure a forumite will come up with a suggestion or two. Thanks.
That is sometimes called a "back to back lease/option" or a "sandwich lease/option", i.e. you lease/option a property (with the right to sub lease) and you on sell the property with a lease/option (obviously on a shorter time frame than your lease/option).
Thesituation you describe leaves you out voted, 3 to 1, every time, from a family, blood is thicker than water,point of view.
If I was to consider this investment, I would insist that an extensive Joint Venture agreement be written up by a good solicitor and would ensure that this JV Agreement has a mechanism to force the sale of the property at a fixed time in the future, if just require this sale. And there are definitely other points that your solicitor will want to cover. Expect to pay a significant fee to get a suitable JV Agreement written up and don't be surprised if your solicitor ultimately advises you against this investment.
The call call option agreements that we're familiar with, have in them a clause that states that we have a "caveatable interest" in the property. We can them make our own decision as to whether we get our solicitor to register a caveat on the property, regarding the option. Thanks.