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  • Profile photo of Bluebird10Bluebird10
    Participant
    @bluebird10
    Join Date: 2006
    Post Count: 9

    Hello Readers.

    A Secured Debt Strategy –

    What is it and how does it work?

    What are the positives and negatives of this structure?

    Profile photo of ducksterduckster
    Participant
    @duckster
    Join Date: 2004
    Post Count: 1,674

    You offer property as security against a debt. If you go bankrupt the lender takes your house.

    • Positive is interest rate is lower than unsecured debt and over a greater time frame.

    Usually used when a person has lots of equity in their house and has a massive load of debt on unsecured loans like credit cards, personal loans, store card loans, loan shark loans, ect
    These loans are consolidated into one loan against a property and all the unsecured lenders are paid out.
    Or added to an existing secured loan like an existing mortgage or refinanced mortgage.

    Negatives

    • If you go bankrupt you lose your house.
    • If you can't control your spending you just clock up more unsecured debt on your credit cards, ect
    • You may not have enough equity in your house to do this.
    • You may already have a bad credit rating and have to use a non bank and pay a higher interest rate than you normally do with secured debt.

    see
    http://www.creditcard-debtcoach.com/Secured_Debt_Consolidation.html
    http://ezinearticles.com/?Secured-Debt-Consolidation-Loans:-Bringing-Down-Your-Debt-Count-to-Zero&id=115373

    You may be thinking of cross co-laterisation across many properties

    You take all your properties and use them all for security against the loans.
    This way you do not need a deposit to buy more property just increased equity.
    If you go bankrupt or can't pay a loan on any of these loans you could lose all your properties.

     

    Profile photo of Bluebird10Bluebird10
    Participant
    @bluebird10
    Join Date: 2006
    Post Count: 9

    Here's what my accountant has written yesterday …

    "Cross collaterizing  refers to putting two or more properties up as security for a "blanket loan", what the secured debt strategy seeks to do is to put an artificial debt against part of the party as a second mortgage whereby if the owner is sued the litigator cannot get the property as the bank has first security and the other has second mortgage.  There is nothing left for the litigator."

    I have equity in my house; I have no debt and no credit cards.  I want to invest in property yet the house was previously in a trust structure (now in my name) There are implications of GST 'if' I sell (or transfer to another trust). 

    I don't want to lose my house and I want to invest … suggestions?

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Buy the next property in your personal name or a DFT.

    Accessing the equity should be ok subject to serviceability.

    Your

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Buy the next property in your personal name or a DFT.

    Accessing the equity should be ok subject to serviceability.

    Your

    mortgage

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Buy the next property in your personal name or a DFT.

    Accessing the equity should be ok subject to serviceability.

    Your

    mortgage broker

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Buy the next property in your personal name or a DFT.

    Accessing the equity should be ok subject to serviceability.

    Your

    mortgage broker should

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    How many times can you post the same answers …………..

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    I started so i will finish

    Buy the next property in your personal name or a DFT.

    Accessing the equity should be ok subject to serviceability.

    Your mortgage broker should be able to assist you with the set up.

    Richard Taylor | Australia's leading private lender

    Profile photo of Dan42Dan42
    Member
    @dan42
    Join Date: 2008
    Post Count: 619

    Got there in the end!

    There would be no GST issues, as it is a residential house. There would be stamp duty consequences on transferring fromn yourself to a trust. There MAY be capital gains consequences, as the PPOR was previously held in a trust. I'd need more details to see what the CGT would be.

    I'd suggest leaving your PPOR in your own name, and set up a Discretionary Family Trust for your investment properties.

    Profile photo of Bluebird10Bluebird10
    Participant
    @bluebird10
    Join Date: 2006
    Post Count: 9

    Thank you all for the input

    "I'd suggest leaving your PPOR in your own name, and set up a Discretionary Family Trust for your investment properties. "

    I have a discretionary trust, so the likelihood of being sued/bankrupt and therefore losing my house is less (using the above suggestion), compared to a Secured Debt Strategy. 

    Am I correct in surmising this?

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213
    Bluebird10 wrote:
    Thank you all for the input

    "I'd suggest leaving your PPOR in your own name, and set up a Discretionary Family Trust for your investment properties. "

    I have a discretionary trust, so the likelihood of being sued/bankrupt and therefore losing my house is less (using the above suggestion), compared to a Secured Debt Strategy. 

    Am I correct in surmising this?

    Just having a trust doesn't help. If you own assets and get sued the assets are at risk. You need to get your trust to own these assets or take mortgages over the assets.

    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 Bluebird10Bluebird10
    Participant
    @bluebird10
    Join Date: 2006
    Post Count: 9

    …so hence a Secured Debt Strategy? 

    I am unable to transfer back into a trust, as the GST from the last trust would be triggered and I am unable to fund this.

    Profile photo of god_of_moneygod_of_money
    Participant
    @god_of_money
    Join Date: 2008
    Post Count: 970

    Or.. you can keep your LVR at 100%+ so they can't sue you because you have NO NET asset.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Bluebird10 wrote:
    …so hence a Secured Debt Strategy? 

    I am unable to transfer back into a trust, as the GST from the last trust would be triggered and I am unable to fund this.

    You probably mean CGT. Capital Gains Tax?

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

    You also should consider the values of the properties. If you have plenty of equity merely cross collateralising the loans won't help much, you need to have the mortgage large enough to cover the whole value

    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 Bluebird10Bluebird10
    Participant
    @bluebird10
    Join Date: 2006
    Post Count: 9

    Yes, CGT (Capital Gains Tax) is exactly what I meant.  Thank you for picking that up.

    I thought it only possible to access a LVR at 95% max. (although I am only able to access an LVR at 60%=LoDoc). 
    So, it appears that a Secured Debt Strategy is the option of choice?

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

    BB

    Have a reread. That strategy won't save you completely because you won''t be able to mortgage to 100% with a bank. Look at mortgaging to a trust.

    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 Bluebird10Bluebird10
    Participant
    @bluebird10
    Join Date: 2006
    Post Count: 9

    OK … this seems to be developing from a 'secured debt strategy' to 'no net asset'  topic =

    • Mortgage 100% of my PPOR  (kept in my own name) to my trust … (therefore LVR = 100%=no net asset, & interest still able to be claimed)
    • the trust 'borrows' the equity…
    • the trust buys IP's…
    • PPOR is protected against bankruptcy/being sued etc

    I can (potentially) see a lot of $ being poured into more structures that may not be that watertight, using a secured debt strategy.
    Am I correct in surmising this?

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

    You would need to get some legal advice, draw up agreements and trust deeds etc, so it is going to cost you a bit, but it should be a lot cheaper than stamp duty on a transfer.

    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

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