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  • Profile photo of TerrywTerryw
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    I beleive it is done by having a meeting between yourself and the trustee. You then dismiss him/her/it and then appoint a new one. This is recorded in a minuite of the meeting.

    What you have to watch out for is, the new trustee will have to go onto land titles for any property owned by the trust, and new loans will have to be established.

    But, Cata is correct. You had better get prof advise – especially if you have property owned by the trust.

    Terryw
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    Profile photo of TerrywTerryw
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    Often real estate databases often have telephone numbers for the property I used to subscribe to one, but it only had NSW properties.

    Of course, this is only of use if it is an owner occupied ppty. If it turns out being a rental, you could try the white pages, etc.

    Terryw
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    Profile photo of TerrywTerryw
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    And, I should add, if there is a profit, then this would go to the owner of the property after all loans, interest and legal expenses etc had been paid.

    Terryw
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    Profile photo of TerrywTerryw
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    If a mortgagee takes possesion of a property and sells it, and there is a shortfall, they will go after the person who borrowed or guarranteed the loan for this shortfall. They will be taken to court if necessary and a judgement may be issued.

    Once they get a judgement, then they have to enforce the judgement. they can do this by getting court orders to take possession of property (cars etc), garnish wages or bank accounts. If all this doesn’t work, they can then apply to bankrupt the person.

    There is not much a person can do to avoid this. No lender is going to negoitate a mortgage contract to exclude the possibility of this happening – unless maybe if you are a very big client.

    Terryw
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    Profile photo of TerrywTerryw
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    Originally posted by Property WA:

    Thanks Cata,

    But does that mean that income and/or losses will be trapped in the company as opposed to being passed to the HDT for distribution?

    Don’t forget, losses cannot be distributed from a trust. Only income can.

    (Hybrids enable the borrowings to be done through an individual who claims the interest.)

    Terryw
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    Profile photo of TerrywTerryw
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    Elka

    Just reading through that new trust book now, it seems trusts are fairly safe in family law situations. Though they may not be 100% safe better off with one than not.

    Terryw
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    Profile photo of TerrywTerryw
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    The owner would be the company, so XYZ Pty Ltd as trustee for the Smith Investment Trust (check with your solicitor)

    But the loan should be in the unit holder’s name, not the company. Who this is would depend on your situation, but would probably be the higher tax payer in your family.

    Terryw
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    Profile photo of TerrywTerryw
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    Originally posted by elkam:

    Is it readable for the layman or do you need some accounting / legal background. [grad]

    Can I get the ISBN number from you please?

    Thanks
    Elka

    Hi Elka

    The book is $250!!!!!!. It is fairly easy to read, I think, much easier reading than Chris Batten’s stuff, but a bit more advanced than Dale Gatherum Goss’.

    Check out some libraries before purchasing. (They have it at UNE Law library)

    http://www.cch.com.au/fe_ps_details.asp?product_id=4697&topic_code=3&top_selling=true&bhcp=1
    [blink]

    Terryw
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    Profile photo of TerrywTerryw
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    Hi Cata

    Thanks. No bad experiences yet, but you never know. I am just interested in structuring for some strange reason!

    Terryw
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    Profile photo of TerrywTerryw
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    He could argue that you purchased his share as trustee for himself. A lawyer should be able to draw up something to document this.

    Terryw
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    Profile photo of TerrywTerryw
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    This is probably aimed at preventing the onwers from selling to anyone else and/or increasing the loan. How long is settlment? It does seem to be unusual!

    Terryw
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    Profile photo of TerrywTerryw
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    When I went to the intro seminar, I (and many others) got the impression that the 4 day seminar was on investing. Well, the first 3 days were on mental development/motivation type stuff. This is fine if you know what you are signing up for. The forth day was on investing, but I found it a bit general, and some things similar to what I had read in a John Burley book (so why pay for that). There was a few advanced techniques, but gone over very quickly with most of it going over people’s heads.

    The 5th day was an extra course and was on options trading. half the day was taken up with basic share type questions, and explaining what an option was. Imagine going to an advanced options trading seminar when most of the audience had never even owned a share in their life before.

    Incidently, there was nearly 200 people there when I went. Cost about $5000-$5500 per person.

    Terryw
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    Profile photo of TerrywTerryw
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    There is a great book on trusts which I am just reading:

    Trust Structure Guide 2005. By Harwood Andrews Lawyers and the Taxation Institute Australia.

    Terryw
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    Profile photo of TerrywTerryw
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    Xenia

    I agree. But Super is complusory, so why not set up your own fund so you can control it yourself.

    Terryw
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    Profile photo of TerrywTerryw
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    Elka

    Sorry, cannot think of a for instance off hand. Not all trust deeds are properly drafted, so some may leave out things that you may want to do, like run a business, or may not include a wide enough definition of beneficiaries, eg. step children if you were to remarry etc.

    I think with a hyrbid, the trustee still has the option of not distributing to the unit holders at their discretion – however, this may have tax consequences – if the unit holder is not receiving an income then how could they claim the interest. This may be necessary from an asset protection point of view, as if the unit holder went benkrupt, and the units were taken contol by the bankruptcy trustee, you wouldn’t want them getting the income.

    Terryw
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    Profile photo of TerrywTerryw
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    If you sell, you can increase the loan and claim the interest. The released funds then can be used to pay down the home loan, and you can still claim the interest – as the purpose of the loan was to buy an investment. May not work in all cases.

    Anotehr option is to sell to your trust.

    Another way to channel equity into your home loan is to borrow all expenses from a LOC and put the money you would have used into your home loan.

    Still a further way woudl be to borrow some money from the LOC to pay the interest on the home loan. Some accountants are not happy with this, so please check first.

    Terryw
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    Profile photo of TerrywTerryw
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    Police will probably not be too keen, but ASIC will.

    Terryw
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    Profile photo of TerrywTerryw
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    Hasn’t it already burst?

    Terryw
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    Profile photo of TerrywTerryw
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    Unless you are buying the whole building like Dazzling’s friend, then I agree with Nigel that car parks are a waste of time and money.

    What sort of LVR can you get? Probably something like 60%. There are substantial risks such as govt taxes increasing, competition springing up and probable low capital growth.

    If you are only getting 6% yield, with little or no capital growth prospects why not just put your money in a ING account?

    Terryw
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    Profile photo of TerrywTerryw
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    Why not give your bank another option. Ask them to increase the loan on your investment (separate account) and then use this as deposit on the new home loan – maybe even with a different bank.

    That way you can keep the 2 loans separate and not cross collateralised. This will give you more flexibility in future and create less risk.

    Terryw
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