I was wondering how mortgagee auctions work. Do the bank set the reserve or will they take what they can get? In this climate could you potentially grab a bargain?
Cheers Jilly
Arguably, a mortgagee in possession has greater obligations to obtain a reasonable price on behalf of the property owner than a RE agent has in an ordinary sale.
It's the time of champions This is the market to make money
Scamp wrote:
Stay out of the property market at all costs. Getting in now will ruin you for life. End of story.
There is no right or wrong time to invest because the right time can only be based upon your own specific circumstances.
At the moment no one can predict with any certainty what will happen, therefore to speculate is to gamble and as they say, only gamble with what you can afford to lose i.e. consider a worst case scenarios or ask yourself if you can live with it.
What happens if you have a sustained period of vacancy?
What happens interest rates go back up (stagflation is a possibility)?
What happens if you lose your job?
At the moment these are all very real prospects, so you need to at least consider a contingency or what you might lose if you end up having to sell quickly.
Well said Badger.
The international capital meltdown has been slowly working its way into the real economy and we now have banks around the world being nationalised. Though Oz banks are sound, the world economy is on the brink of – at least – a soft recession and GDP growth in China will halve.
Anyone who thinks this won't have an effect on the Australian economy is delusional or CHIS…but I repeat myself
Sorry to burst your bubble unmester but the fact is that interest is coming down and we won't see 9% for a very long time. If the crash did not happen with rates going up then there is FA chance of a crash with rates falling. (yes I know, the banks will not pass them on. )
Interest rates are on their way down because of legitimate concerns that the credit crunch is flowing through to the "real" economy". A downward cycle is far from an indicator that things are rosey.
I don't understand what the benefit is of having your name on the mortgage without being on the title. Wouldn't that mean that you were liable for the mortgage without having any equity in the property?
Which is why a prudent bank that didn't want to get in to bunfight with a regulator if things go pearshaped wouldn't want you on the loan.
I have an IP but want another off-the-plan IP that's due to complete mid-2011.
I don't want to invest 10% for deposit in cash as I have some short term plans for that money (reno, etc).
I wouldn't be able to afford the settlement price now but I could easily pay off a deposit loan amount (10%) or a premium cost for a bond. And nearly 3 years away settlement will not be an issue.
I don't have enough equity to obtain a deposit bond or bank guarantee as they both require servicability of the total end debt based on current income etc. even if I was to get a guarantor (this would only count towards the deposit amount)
Do I have any options left? Are there strategies to crank up my equity worth? I can see the risk from a banks pov but it's just frustrating.
Cheers, R.D.
What makes you confident settlement in 3 years won't be a problem (assuming you could get finance now)?
The ATO only cares about the loan purpose ,not the use of the property it is secured against. Your "good debt" is that used to purchase an income producing asset which in your case is the remaining amount on the property to become the IP.
So, in the absence of borrowing against your IP (or whatever) to buy additional income-producing assets, your tax deductible debt is the amount currently sitting there and no more.
As a solicitor I can confirm that unless is it specifically noted in the contract it is fraudulent. The intent is for the bank to be misled so that the purchaser can obtain a benefit (extra finance). That clearly makes out the elements of fraud in every state and territory.
As for putting a solicitor on a retainer for being honest, I would expect that every lawyer would advise the same. It's pretty straightforward. If a solicitor advised any different, he/she should be reported to the relevant Law Society.
Whenever I comment on legal issues on this forum I normally put a disclaimer down the bottom to the effect that it should not be interpreted as legal advice and that independent legal advice should be sought. However, I am prepared to stand by this one.
– and I don't know where you do your research, but your comments on immigration are way off the mark. NETT migration has increased from around 60,000 on average during the 70s to over 200,000 on average between 2003-2007 and there has been a very steady trend in that increase. To paraphrase yourself… "it's simple, just do the math, more people in, less people out and the population grows"
Can someone assist me in tracking down the source of this "net 200,000" number. The ABS shows net migration averaging 120K between 2000 & 2006, peaking at 135K
Hello, we have received an offer for our property, but the buyer wants to do put a "price apportionment clause" on it. He will pay one amount to us, which we are ok with, but he wants to put in the sale price or contract price a much higher amount as he says that will cover the stamp duty, fees and other improvement he wants to do to the house. My solicitor does not want to do such a contract and he says that it is not legal to put a different price. The buyer has come back saying that my solicitor does not know what he is talking about and that it's a common procedure.
Also what are the capital gain consequences on that considering that it's not our main residence, will be asked to pay CGT on the whole amount or only on what we receive? Anyone can advise me on that? Thanks in advance for your reply.
Say you're fine with it as long as it is clearly disclosed in extra large font in the contract.
Wait for the buyer to run away but not before finding out where else he has bought so you can avoid getting stung by misleading previous sales data.
Put your solicitor on retainer becuase you've got an honest one.
– and I don't know where you do your research, but your comments on immigration are way off the mark. NETT migration has increased from around 60,000 on average during the 70s to over 200,000 on average between 2003-2007 and there has been a very steady trend in that increase. To paraphrase yourself… "it's simple, just do the math, more people in, less people out and the population grows"
Can someone assist me in tracking down the source of this "net 200,000" number. The ABS shows net migration averaging 120K between 2000 & 2006, peaking at 135K
Does anyone have any idea where or ho I can obtain lisitngs of foreclosure properties?…Or is that a really stupid question?
Interestingly, speaking to a mate the other day and the current theory around some of the banks is to ensure the properties are advertised as mortgagee sales as it has been creating greater interest and better sales results
I'd be careful….the buyer or their agent is endeavouring to commit a fraud. If they are prepared to lie to the bank (they are clearly going to hide the "rebate") or subsequent purchasers, I would be taking any of there other respresentations with a pinch of salt.
To each their own, but I don't think it is ethical to facilitate someone else cheating – whoever they are cheating. I'm sure you would be pissed if you want to purchase a property and the val. came back OK based on previous (padded) sales and you were lulled into paying too much.
That said, your direct risk is that, if the ATO conducts the appropriate searches, they will not match the sale amount you declare. When the ATO gets a hit, they are likely to look at all your taxation affairs – not just this transaction – and given they have investors on the radar this year…..
Also worth remembering that a rental gaurantee is only as good as the financial stability of the company providing them. Unless you would be prepared to invest money with said company fo 5 years, best to think of the gaurantee as something other than a…you know…gaurantee.
One wonders what advice Kaus would have received on this forum in 2003 if he/she had asked the question then?
I suspect someone asking whether they should take a punt on a 100% loan for their first IP with a negative ROI on purchase would have got a bunch of "you go girl/boy!", "you're on your way!" high fiving rather than any balanced explanation of the risks involved.
It is stories like Klaus' that highlight the need for newbies to look beyond the purely woo-woo, evangelical view of property investing and understand that that (a) it is an investment and all investments have downside risk and (b) you're becoming a landlord, not the landed gentry.
When I bought my first IP for 45k back in 1985 CBA and NAB knocked me back because based on my 10k gross earnings I couldn't even come close to affording it. They were probably right but I managed to score a loan with T&C anyway and struggled to make repayments for the first 2 years before the wage and rental increases caught up with the repayments and I could afford it. By 1989 when the interest rates went up and prices doubled in Perth I couldn't afford to buy another IP but bought one anyway and struggled with even higher interest rates until wages and rental increases caught up with the repayments. Since then I've bought a few more properties which I couldn't afford at the time that are now +ve geared and will remain so even if we turn into a banana republic with interest rates at 18% again. If I was to follow your advice and waited for house prices to come down to a level I could afford I'd probably still be waiting to buy my first IP.
If you *seriously* bought property you knew objectively you couldn't afford, you didn't invest, you gambled.
Good that you won.
Not good advice to provide to others in the current climate IMHO
Hi Folks The bank has valued my IP property for loan purposes and agrees to lend me the funds but wont tell me or the previous vendor what that value is, i remember back some time reading that this is a regular occurence with lending institutions, can someone tell me why this is such a secret with the banks. Thanks
So they can control everything. In their fees you've actually paid for the valuation, so it is your right not only to know, but to expect a copy.
Ask them again to provide a hard copy for your future reference and as a benchmark for future valuations if you wish to use equity growth as another deposit to buy again.
You will get the reply, it isn't our policy……..push them and demand one or tell them you will go to the banking ombudsman or similar.
Generally speaking, the terms agreed between the valuer and the bank restrict the use of the valuation to the latters assessment of credit (if you get hold of a bank-ordered val. you will often see it on the terms of use). Obviously, the valuer wants to limit their liability for the advice they provide only to the person they provide the advice to rather than create exposure to a buyer/borrower who subsequently relies on the val. without their knowledge