Shoot me an email and I would be happy to provide details.
As i have already been asked the interest rate at 8.95% is particular attractive in saying that for an investor the interest is deductible so lessens the pain somewhat. Just appeals more than paying out nearly 4% in LMI premium.
Richard Taylor | Australia's leading private lender
I agree with Alistair and whilst he is unlikely to tell you he is a mortgage broker based in Melbourne and well respected on this forum in all property related matters.
Dont think you can go too past giving him a call.
Richard Taylor | Australia's leading private lender
Hate to disagree with a new comer to the forum but you are not correct with this statement
Also, FHOG rules clearly eliminate you from claiming it if you or your spouse/partner have ever owner anykind of property in Australia. You can't get it even if you've only owned an IP. It's not the 'First PPR Owner's Grant' (sadly).
A person is not eligible if they or their spouse (including de facto spouse) have held a relevant interest in any residential property in Australia prior to 1 July 2000.
However, a person may be eligible if they or their spouse (including de facto spouse) have held a relevant interest in residential property in Australia on or after 1 July 2000 and they have not resided in that property.
Where the property was purchased post July 1 2000 solely as an investment property and you hav enot lived in that property you are certainly entitled to claim the relevant State administered First Home Owners Grant.
Any State based Stamp Duty concession is a different matter.
Richard Taylor | Australia's leading private lender
I understand Alistairs words of warning and agree with him but think every client is slightly different and has different needs and requirements.
One of the EMF deals i did was for a client who wanted to buy in Noosa and couldnt afford waterfront on a traditional loan but using EFM could. They were happy to part with 40% of any future profit as they got in today and will not be making any repayments on the 20%.
Richard Taylor | Australia's leading private lender
You are right with an early repayment fee of upto 1.2% of the loan amount if more than 50% of your loan is repaid within 3 years and 0.6% for 5 years you are really in for the long haul as you could not afford to refinance away.
Richard Taylor | Australia's leading private lender
There are several ATO rulings on HDT which are totally different to the question being raised here.
In simple terms let us assume that you own your current PPOR valued at $300K with no mortgage and wish to rent it out and at the same time want to buy another house to live for 300K as well.
If you borrow the $300K to buy the new PPOR irrespective of what the security will be then the interest is not tax deductible as it fails the ATO "Purpose Test".
What you would do is sell the original PPOR which is probably held as Joint Tenants to your Trust for $300K and pay stamp duty on the value of the Transfer.
The Trust would then borrow an amount of $300K to buy the investment property (originally your PPOR) from yourself and the full amount of the interest becomes deductible as the purpose of the funds were to buy an investment property.
As you receive the $300K and have no loan upon the property you can now pay cash for your new PPOR.
Remember an HDT is not the only structure you can use although the ones we use appear to comply with the ATO ruling on such.
Hope this now makes sense.
Richard Taylor | Australia's leading private lender
I would let your Accountant organise the finance as i am with your Bank.
They would stand no hope in repossessing the property in the event of you defaulting on the repayments as the Court would argue that their was no beneficial interest in the Guarantor in proving his Guarantee and it could not therefore be relied upon.
Third party loans are relatively common but there needs to be some beneficial interest. (Husband and Spouse etc)
Often Accountants and Solicitors make these suggestions without the real knowledge of how financing really works.
Richard Taylor | Australia's leading private lender
You friend has little alternative as the agent is correct if the loan is not repaid and the vendor has not made arrangements with the lender to clear up the possible negative equity then they will not release the mortgage.
In saying this if your comment about the Bank taking the house in 2 months is correct the vendor would be severally in arrears (A lender cannot not start action until the borrower is 3 months in arrears) and litigation well underway and hoping for a Court hearing shortly. Why doesnt your friend wait and look to buy the property when it is mortgagee in possession.
Richard Taylor | Australia's leading private lender
Hate to say your accountant is wrong. if the property is sold to a Trust with you as Trustee and you borrow 100% of the value then you are able to claim 100% of the interest deduction.
The funds you raise will be used to purchase a PPOR as there is no loan on the original property.
All 100% legal and acceptable to the ATO. Might cost you some extra stamp duty but if the property was originally owned as Joint Tenants with the spouse not working the savings can be significant over years.
Richard Taylor | Australia's leading private lender
Any new loan secured against the property for equity release will need the approval, consent and signature of all parties to the title.
Easiest way is to take out 2 split loans (some lenders will allow you to have the loans in individual names i.e you and your wife and the other in the name of yoru sister and her husband) with an underlying guarantee signed by all 4 parties.
Only problem would be if they dont want to move forward and access their equity and refuse to sign the new mortgage loan documents.
Richard Taylor | Australia's leading private lender
The moment the property is available to be rented out the interest can be claimed as a taxable deduction.
it is therefore very important to ensure that your mortgage broker structures the loan correctly for you from the start knowing your future goals so as to ensure that you obtain the maximum deductions.
Richard Taylor | Australia's leading private lender