All Topics / Creative Investing / Wrapper defaulting
skippygirl
that may appear to be logical, seriously doubt the bank would see it like that.
however..
wes, do you have that agreement with your bank in writing?
cheers
brahms
Mortgage Broker
[email protected]I had our Business Banker refer this to the legal department some weeks ago …..
I will prompt him again this week …..
This type of mortgage assignment is common in the US i believe so it should not be too hard an ask to start them looking at the legal paperwork involved.
will keep u posted ..
Christmas regards
Wes[biggrin]
I find it interesting that all the wrappers I see on here go on about all these deals with “A BIG BANK” but never tell anyone the names of the bank they deal with. Unless you are an experienced wrapper, I highly doubt any of the major 5 will permit a loan to go through as a wrap deal.
Regarding getting a bank to put it in writing that they will sell a property to a wrappee in the event of the wrapper defaulting, IT WON’T HAPPEN!!!
There are rules about taking possession of property and mortgagee sales to maximise the amount received from a sale. Auctions are often used as the lender has a requirement to obtain as much as they can to cover their costs and leave something extra for the borrower who defaulted. I can’t see the lender honouring an agreement to sell a property to a wrappee especially if the property value has surpassed the agreed purchase price in the wrap contract.
Robert Bou-Hamdan
Mortgage AdviserM: 0414 347 771
E: [email protected]
W: http://www.mortgagepackaging.com.auFREE Finance-Related Newsletter: See – http://www.mortgagepackaging.com.au/index_files/newsletter.htm
Comments made are of a general nature and should not be construed as individual advice.
© 2004 Mortgage Packaging Pty Ltd
In relation to caveats, if you are buying from the registered proprietor (owner) and there is a mortgage or caveat registered on the title, the owner has to give you a clear title ie a discharge of the mortgage and either a withdrawal of caveat or otherwise have the caveat removed from the title at or before settlement.
If you are buying from the first mortgagee (bank) because the owner has defaulted on the mortgage and there is a second mortgage or caveat that has been subsequently registered on the title, the bank transfers the property to you exercising its powers under the mortgage and you get a clear title without the second mortgage or caveat having to have been discharged or withdrawn In this case the 2nd mortgagee and caveator have no claim against you as the new owner, but would have claims against the previous owner.
Hi Rob,
If you don’t mind me commenting here, from a wrapper’s perspective….!!!
Originally posted by The Mortgage Adviser:I find it interesting that all the wrappers I see on here go on about all these deals with “A BIG BANK” but never tell anyone the names of the bank they deal with. Unless you are an experienced wrapper, I highly doubt any of the major 5 will permit a loan to go through as a wrap deal.
I have to agree with your first comment here, but feel that it is more to do with not having someone take advantage of the building of a relationship with someone wading in a possibly ruining things…. As a broker you will probably have seen that often it is HOW you approach a bank and WHAT you SAY that is the difference between loan approval or rejection.
As you know wrappers do tread a fine line, but I can assure you the BIG 4 banks WILL do wrap loans directly AND fully disclosed….
[blush2]Originally posted by The Mortgage Adviser:
Regarding getting a bank to put it in writing that they will sell a property to a wrappee in the event of the wrapper defaulting, IT WON’T HAPPEN!!!There are rules about taking possession of property and mortgagee sales to maximise the amount received from a sale. Auctions are often used as the lender has a requirement to obtain as much as they can to cover their costs and leave something extra for the borrower who defaulted. I can’t see the lender honouring an agreement to sell a property to a wrappee especially if the property value has surpassed the agreed purchase price in the wrap contract.
OK, on this one, yes, we live in hope, and I’d say, lets give this time for the bank in question to work on it.. If they CAN see a way to do it, it would be a great way to protect the customer… and I applaud people out there trying to do this….
Let’s give it time !!! It’s a step in the right direction…. if it is possible.
[blush2]I understand not wanting to burn bridges or ruining relationships but it is the only way I see them being accepted as fully disclosed. You have built the bridges and created those relationships but I would guess that your first, second and maybe even fifth wrap deal was not fully disclosed. You are now considered professional so it is a different ball-game for you.
Regarding the lenders working on protecting the wrappee in the wrap deal, it seems to contravene the UCCC and other legislative requirements governing lenders. The legislative environment is always getting tighter and such a move would require a relaxation of the legislation which I can’t see happening any time soon. Any sale after taking possession ‘MUST BE’ an on-market transaction. A sale to a wrappee is not on-market so I can not see how they can do this or, if they did, how they would not be liable to the vendor.
The wrappee can always buy it on-market but this would be difficult for them or they would not be a wrappee.
Time will tell I guess.
Robert Bou-Hamdan
Mortgage AdviserM: 0414 347 771
E: [email protected]
W: http://www.mortgagepackaging.com.auFREE Finance-Related Newsletter: See – http://www.mortgagepackaging.com.au/index_files/newsletter.htm
Comments made are of a general nature and should not be construed as individual advice.
© 2004 Mortgage Packaging Pty Ltd
Rob,
OK, see where you are coming from…. i.e. the new starters out there….. true…..
For the bigger guys it’s different…. correct…..
For us, we started out at the blue guy, who then turned negative on wraps ( which we did disclose ) so, we went to a community bank, sat down with the manager and explained in great detail what we do, and, our way of operating. we did a LOT of deals with them, until their conservative lending ( LVR’s ) policy got in the way. We are now at a big 4 bank, and they have full approval to give us wrap loans.
IF anyone ever asks us, we do direct them to our contacts, but will not display the information for every tom, dick & sally……
Rob, you obviously know a lot about the ins and outs of UCCC, so I trust what your are saying on this.. BUT….. I still am hopeful that a way can be found which will protect the wrappee….
Merry Xmas / Cheers
Scott
You may know the cost of everything…. but what about the value ????
Hey Pelican,
I should qualify the UCCC comments by saying that the legislation does not specifically apply to investment property although the lenders tend to follow these requirements for all residential security whether investment or owner occupier. There is a little lee-way but I just can’t see any bank agreeing to this due to the potential huge repurcussions.
I hope I am wrong and the wrappee can be protected but it would mean the borrower (vendor) would lose some of their rights and possibley a large amount of money.
It is a ‘Catch-22’ situation!
Robert Bou-Hamdan
Mortgage AdviserM: 0414 347 771
E: [email protected]
W: http://www.mortgagepackaging.com.auFREE Finance-Related Newsletter: See – http://www.mortgagepackaging.com.au/index_files/newsletter.htm
Comments made are of a general nature and should not be construed as individual advice.
© 2004 Mortgage Packaging Pty Ltd
I use this simple solution to put all parties at ease…… I show proof of the omrtgage and supply the direct account number so that hte payments are made directly into the account with the mortgage on it …. usually I just add a sub clause to my special notes section of the paperwork….. this way the wrappee knows that the only way the bank can foreclose is if there is no mayment made by themselves…… also why would a wrapper default on his own property when it causes all other transaction to be extremely difficult if you come up on the radar (in the banking system) as a bad payer.
Cheers,
Kiwi[baaa]Kiwi, a few things…
Foreclosure is an American thing, not Australian. As to why a wrapper would default, if they were struggling to make payments, they may default. As to coming up on the radar, you cannot list them with Baycorp Advantage so that won’t happen either. You would have to sue them for any defaults.
Robert Bou-Hamdan
Mortgage AdviserM: 0414 347 771
E: [email protected]
W: http://www.mortgagepackaging.com.auFREE Finance-Related Newsletter: See – http://www.mortgagepackaging.com.au/index_files/newsletter.htm
Comments made are of a general nature and should not be construed as individual advice.
© 2004 Mortgage Packaging Pty Ltd
Originally posted by The Mortgage Adviser:Kiwi, a few things…
Foreclosure is an American thing, not Australian. As to why a wrapper would default, if they were struggling to make payments, they may default. As to coming up on the radar, you cannot list them with Baycorp Advantage so that won’t happen either. You would have to sue them for any defaults.
Robert Bou-Hamdan
Hi Robert….. It seems you enjoy a good banter….
1. Perhaps my phrasing is different, whatever you would like to call it when a lender forces a sale/mortgagee auction according to contractual subclauses in mortgage documents to a defaulting mortgagee… I call it foreclosure as it is something that we all inderstand
( I have attended a mortgagee sale/auction once or twice).2. House would be risked only if the “wrappee” is not making the payments as they are paying directly into the account responsible for the mortgage…. so if the “wrappee” is defaulting then I am going to be taking action to resolve issue and quite obviously would have a “PLAN B” to recover from such a challenge.- think of the worse case scenario and work out at least 3 plans of action to resolve or exit the transaction… I think they call it hedging in the share game?
3.If a lender has any unresolvable financial challenges with a non payer…. in most cases thay will list a default on Baycorp….. also when you apply for any mortgages… one of the things you must do is show bank statements to show any issues at all. Some lenders will place a mark on the baycorp … then will issue a resolution mark once all proceeds have been resolved from the sale of the asset-or cut thier losses. However there would be a time where any lender (Wrapper) will see this on any credit checking system such as Baycorp.
Cheers,
Kiwi[baaa]Kiwi,
About Baycorp, my point was that YOU, the vendor, can not list the wrapee.
A quick question for Wessy, why would you use a P&I loan on your investment property?
Robert Bou-Hamdan
Mortgage Adviser0414 347 771
[email protected]
http://www.mortgagepackaging.com.auFREE Finance-Related Newsletter – Click Here
Comments made are of a general nature and should not be construed as individual advice.
© 2004 Mortgage Packaging Pty LtdRobert,
I conceed your point – I am meerly trying to demonstrate that you would not need to go there if you have your plans in place ready for the day of default (hoping that it is never going to happen of course).EG> you have bought the property at a good enough discount so that if you need to get out fast…. you can sell or flip at the drop of a hat….. or you have set up a LOC or Redraw facility to give you the time to cover all of your losses and make up the payments that your wrappee is defaulting on.
REMEMBER WHEN THE RAIN STARTS THE LENDERS WILL TAKE AWAY YOUR UMBRELLA… you do not want to be in a position that you have to access funds at 15-30% just because you thought it would never happen.Best of luck all.
Kiwi
[baaa]Hi Robert …..
The bank I use want me to do two things …..first 80/20 loans , secondly P.I. to me and to my wrapee
They are happy with this risk wise so I am happy to comply ……
I now have another bank outside the big 4 which will do I.O loans and again I will only do 80/20 loans.
I realise this is not tricky or smart re LVR however I am old fashioned and when I deal with the BIG Conservative banks I just give them what they want and they in return lend me lots of $$$$$
I am at 3 Mill plus at the moment and there is no restriction or an upper limit …….all my deals are CF+ and as long as 20% is my cash ( hurt money ) they are happy ……
As a broker you know …… it’s all about risk ….
I do not disclose the banks involved as I consider my dealings private …
The best advice I can give newbies is to do the hard yards and after you get 5 or 6 under your belt then the doors WILL start to open …..I spent 12 months bashing my head against this finance problem ……The wrap pack didn’t tell me about this little stopper….[biggrin]
but I stuck with it and now 18 months down the track I have 2 Banks on board and wrap 3 house a month
Regards
Wes
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