All Topics / Legal & Accounting / Are IPs in trust completely safe ?

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  • Profile photo of setmefreesetmefree
    Member
    @setmefree
    Join Date: 2004
    Post Count: 46

    I bought couple of IPs in NZ under my own name. Both have mortgages. One IP requires substantial work and I am putting it on the market. In case I can’t sell it and if I walk away from it, will the mortage lender able to touch any future IPs thay I buy using a trust ?

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    I don’t know. But think that any property held under a trust is not really ‘owned’ by you, so it is better to hold this way than not.

    But if just walk away and they sell the property with still money left owing, they will come after you. Being ina different country will make it alot more difficult though.

    It will be hard for you to buy anymore properties in the near future if they list a default on your CRAA – you will have to go to a non conforming lender to get a loan, with much hgiher rents.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of setmefreesetmefree
    Member
    @setmefree
    Join Date: 2004
    Post Count: 46

    thank you very much Terryw, but is there a different CRAA in NZ ?

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Set

    Sorry I didn’t really tell you much there!!

    I am not 100% sure, but think NZ finance applications will still appear on your CRAA over here. Baycorp is a global company (ouch) so be careful.

    Terryw
    Discover Home Loans
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 4 posts - 1 through 4 (of 4 total)

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