If it were me, I'd check with the local council to see if it is possible to make the conversion legal. And, if it is possible to make it legal, how much that would cost. Without these facts in hand, I wouldn't spend a penny on the place.
Alexei and Ilva, this may be possible in the UK but the situation is quite different in Australia. Once a writ of possession has be obtained in the courts in Australia it is very unlikely that a lender would risk selling other than by mortgagee auction, as this would leave them open to a claim that the property wasn't sold at market value.
timestwo, as mentioned above, with a residential property, it's highly unlikely the lender will sell prior to the mortgagee auction because the risk of being accused of selling under market value.
I am guessing that the site mentioned to access details of properties, just before the bank forecloses, is simply a nation wide court list.
In a default situation you have a reasonable chance of helping a distressed borrower while the 'default file' is still with the Collections Dept. But while the file is with the Collections Dept it's not in the public domain and the lender would be in all sorts of strife with Privacy Laws if they divulge details of the file at this point.
Once the Collections Dept give up on the file, they send the file to their Legal representatives (often an out sourced law firm), to commence the repossession process, i.e. issue a Statement of Claim and then apply for a Writ of Possession, etc.
It is not until the matter has been listed in the courts that the details of the 'matter' go into the public domain.
After having put together a process we call the Assumptive Joint Venture in 2006 and working with a number of distressed borrowers, we have found that trying to negotiate an arrangement after the file has gone to the Legal Dept is rarely successful.
So, for me, having access to a nationwide courts list seems like a pretty under whelming inducement
As well as supplying the information requested by Richard, could you tell us if you have approached the seller/agent to see if s/he would 'carry back' the deposit for you?
To get such a conversation going, just say to the agent that you're happy to pay the asking price but you'd need a little time too sort your finances. So, could the agent ask the seller if they'd take most of the money now and some of the money a bit later?
If you get a positive response from the agent get back to us. At that point I'd probably suggest you try to get the seller to 'carry back' 20% to keep you out of Lenders Mortgage Insurance territory and have a reasonable chance of getting an 80% loan with non genuine savings.
We feel reasonably lucky in that our income accelerator is the cash flow from our vendor finance properties, i.e. we didn't have to move out of real estate to establish our income accelerator. This positive cash flow now supports our buy and hold portfolio and our lifestyle, i.e. we live off it.
With respect to our chosen niche, i.e. vendor finance (VF), we were well past 40 when we did our first VF transaction in 2003 and both my wife and I had moved, full time, into our VF business by July 2009. We now use the positive cash flow from our VF properties to support our buy & hold portfolio and to live off.
Unfortunately your suggestion of a sandwich lease/option won't work in Victoria with regard to the non payment of Stamp Duty. As mentioned above, when you take control of a property in Victoria with a lease and an option, Stamp Duty is immediately triggered. Hence, with a sandwich L/O (sometimes called a back to back L/O) Stamp Duty would be payable twice.
There is other legal paperwork that will however get the job done for Russell, without triggering Stamp Duty.
One alternative you may not have thought of is vendor finance (VF). I've seen a number of people get going in VF without much money. As with most things, it's not a get rich quick scheme and your success will be locked to your 'stickability' – persistent pays Here's some information on vendor finance (VF) educational resources.
I believe it's important to build a good foundation to your vendor finance knowledge and there are numerous educators to choose from. Some that spring to mind are:
I'm not a mortgage broker but I'm sure you'll get what you pay for Not putting a long term finance plan together with one of the terrific brokers here is, I think, pretty short sited as, I'm sure you don't want what you're doing now to hinder your future plans.
I suggest you go with Richard's suggestion as it's spot on. There is another technique, called Rent To Own but, if I were you I'd follow Richard's suggestions, in the following order:
Deposit Finance with either the vendor carrying back a second mortgage or securing a commercial second mortgage, or
Instalment Contract, i.e. a standard Contract for the Sale of Land with an Instalment Payment Schedule added, or
A Lease and an Option (often called a Rent To Own). Possibly only consider this if the other two techniques are not acceptable.
Read above a bit more regarding flipping using options and other legal paperwork. These methods should not involve GCT. Of course, don't believe me as I'm not qualified to make such a statement, i.e. check with your accountant or other relevant professional.
I'd suggest you add a bit of lateral thinking to find a form of paperwork that will get you the result you want that doesn't include an Option document
As well as the processes Richard mentions above, if we wish to flip a property, we control it with a Call Option that contains what we call a 'Higher Price Clause'. This Higher Price Clause, in short, allows us to flip the Option at a price of our choosing, without the new buyer knowing what we got the property for. Good luck.
The Property Manager could have applied to the CTTT when they delivered the eviction notice. They don't have to wait until the 24th and the CTTT application can be withdrawn if the rent arrears are paid up. They should also be working with you regarding a new Managing Agency Agreement and putting in the correct forms to transfer the rental bond. If it were me I'd be having a close look at the competency of this Property Manager.
Have a look at this WA Dept. of Finance document at Click Here. I believe the first paragraph on page 2 is the relevant one but check with a vendor finance savvy solicitor.
In NSW, when I ring the relevant government department usually nobody knows what I'm talking about (they don't see many of them) but, when we put the Variation application form in it's always worked.
Just a quick point on selling with vendor finance (VF) and Land Tax. If you sell the property with a Lease/Option (Rent To Buy), as mentioned by Terry, you'll have to include Land Tax in your 'numbers'.
However, if you sell with a VF Instalment Contract you can submit a Land Tax variation form and the Land Tax liability moves to the Instalment Contract purchasers. And, if the property is the purchasers' PPOR the Land Tax liability disappears