All Topics / Finance / Page 174 of Steves Book 0-130 Properties etc

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  • Profile photo of chriscarmanchriscarman
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    @chriscarman
    Join Date: 2009
    Post Count: 30

    Hello Fellow forum denizens

    I have been studying Steves book with some interest and came across a very interesting gem where he talks about the correct borrowing structure and how you can keep going back to the banks to borrow again (and again) if you go via your trust(s). (Paraphrased badly i am sure :P)

    Anyway, I was wondering if any of you guys have actually done this, how successful you were in getting it done etc?

    I have been reading and studying etc the various tricks and tips in Property for a while, i have owned multiple properties in the past though i am currently cashed up and am about to leap back into the market to buy cash flow positive property in a few diverse locations.

    I also want to do some small developments in the vein of the couple from South Australia (if you read this, i would love to talk to you hehe)

    So any advice on the way / method to get this kind of lending done would be greatly appreciated

    (Would also appreciate any good advice on an overall company/trust etc structure – both my wife and I work, our combined income isnt huge, but we have a decent asset base)

    Thanks in advance
    Chris

    Profile photo of crjcrj
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    @crj
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    I can't comment on Steve's experiences some years ago, but now the banks will specifically ask about personal guarantees and will ask if you are a director of a company. 

    Profile photo of TerrywTerryw
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    @terryw
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    This is a common question lately.

    The answer is that this is not possible because personal guarantees will be required.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of chriscarmanchriscarman
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    @chriscarman
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    Hi Guys

    Thanks for the response – but my only question is that my paraphrased quote is from Steves latest / updated book, and indeed if you check his upcoming presentation in Brisbane he seems to be referring to this again… therefore there must be someway to access these funds?

    Profile photo of TerrywTerryw
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    @terryw
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    I am reluctant to say anything more as this is Steve's forum. Its a good marketing concept – unlimited finance!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of chriscarmanchriscarman
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    i dont know him personally, but i have read his book (several times) and watched him in his videos.. he doesnt seem like he would (or need to) do anything dodgy ?

    ive booked myself into his brisbane presentation and hopefully he will come up with the info in more detail in that, and till then i will dream of "unlimited" finance hehe

    Profile photo of TerrywTerryw
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    @terryw
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    I've been a broker for 10 years and don't believe it is possible to do as described. I am surprised that it is being promoted again.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of chriscarmanchriscarman
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    @chriscarman
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    Hi Terry

    Yes i too was a broker (although this was some years ago now) and was surprised to see the claim, but i figured i didnt know every thing (why else do we all attend these seminars, and read books etc hehe)

    But im still hopeful :P

    Profile photo of TerrywTerryw
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    @terryw
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    Just ask one of the banks if you need to declare personal guarantees and see what they say.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Benjamin CsikosBenjamin Csikos
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    Well, I'm going to the brisbane session.  See you guys there.

    Profile photo of Richard TaylorRichard Taylor
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    @qlds007
    Join Date: 2003
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    Steve certainly wouldnt do anything under hand but in realty as Terry mentioned it cant be done.

    I think there maybe some misinterpretation.

    Richard Taylor | Australia's leading private lender

    mattnz
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    @mattnz
    Join Date: 2007
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    If all your properties are highly cashflow positive with 20% deposits, does that give you unlimited funding?

    I have spoken with my bank manager regarding my borrowing limits and each cashflow positive property appears to increase my borrowing capacity due to the income being higher than the associated costs.

    Profile photo of TerrywTerryw
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    @terryw
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    It certainly helps, but it still may not be enough as banks tend to only count 70 to 80% of the rent and often assess the loans with a buffer interest rate of 2% more than current variable rates – and sometimes at PI too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Steve McKnightSteve McKnight
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    @stevemcknight
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    Hi,

    The essential point made in the book is not to 'hide' the fact that you are a guarantor, but rather to acknowledge that a guarantee is not a debt.

    I am yet to find any evidence that lenders treat a guarantee as the same as a personal debt. Instead, what seems to be happening, is that lenders are taking a much closer look at serviceability in general, and asking more questions than before.

    For example, when they do a credit check, any companies that you are a director of will be revealed. These days, lenders will now be likely to ask for financial statements of those entites to check your overall solvency.

    In conculsion, after speaking to multiple mortgage brokers and internal bank contatcs, I can summarise by saying:

    1) Since the GFC, lenders have become far more attentive to detail, and ask far more questions about loan applicants.

    2) Nonetheless, the multi-trust structure outlined in the book remains valid, albeit that more questions may be asked. In particular, a guarantee is not the same as a debt, but different lenders will asses that guarantee differently.

    3) The key determinant is (and has always been) demonstrating serviceability – that is, how will the loan be repaid? This speaks to your income and asset situation, and the stronger the better.

    4) In light of the new post GFC lending environment, it is important to ‘select’ the right lender as different lenders have different appetites to risk and investor profiles.

    I continue to use this structure across multi-lenders and am yet to strike a problem. That said, I am only borrowing 80% and can demonstrate strong serviceability.

    Regards,

    – Steve

    Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
    https://www.propertyinvesting.com

    Success comes from doing things differently

    Profile photo of TerrywTerryw
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    Hi Steve

    That is not my understanding.

    Even many years ago the lenders used to check all companies that appear on someone's craa. They often do, and did, craa checks on those companies to check borrowings and defaults/court judgments etc. They also used to ask for financial statements for all companies that an applicant was director of. This is not something new but standard practice.

    Many banks ask on the application forms for all loans guaranteed. Even those that don't will want to know about all loans guaranteed. St George is one bank that didn't ask about guaranteed loans on the applicaiton form, so I wrote to them and asked and they confirmed that they wanted to know about all loans guaranteed and will take them into account for serviceability. With all the rental incomes wages etc if you can service then there is no problem. But setting up separate structures will not help at all – unless you can find a lender that does not take personal guarantees.

    Just think for a moment, if someone has guaranteed 10 loans with 10 different structures how is this different, from a lending and guarantee poit of view, from getting 10 loans in their own name?

    Would you care to name a lender that this multiple structure works with?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of Steve McKnightSteve McKnight
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    @stevemcknight
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    Hi Terry,

    I can only talk from personal experience. I have borrowed millions from many different lenders over the years, all with the same structure. This year I have borrowed with Bank West and NAB, and have had specific chats with senior personnel who are aware of the practice and are fine with it – indeed, that say that's how most of their high net worth clients work. Even CBA, who I didn't end up proceeding with on a project, were happy with the multi-trust structure with personal guarantees.

    The legal and practical difference between a guarantee and a debt in massive. I explained it in the re-release of the book, but I will also add an article about it to the website once it has been upgraded (new release should be ready soon).

    Healthy questioning is good as it brings out the debate. I certainly don't understand the finer points of mortgage broking, but am instead approaching this based on finding solutions to continue to access finance. I'm happy to keep fleshing this out.

    Regards,

    – Steve

    Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
    https://www.propertyinvesting.com

    Success comes from doing things differently

    Profile photo of TerrywTerryw
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    @terryw
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    Hi Steve

    Thanks for the reply.  I think the issue may be that you are dealing with the business banking sections which may have different rules for high net worth clients. I don't deal with BW or NAB much anymore so am not aware of their current policies (I am getting out of broking in the near future). Maybe someone who has used them lately could clarrify. I know the residential retail arm of bankwest generally don't like trusts at all.

    Whether you can get more finance or not multiple trusts is the way to go for other reasons, such as asset protection.

    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 DWolfeDWolfe
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    @dwolfe
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    Thanks everyone for this post and especially Steve for replying.

    Can I just clarify the way that trusts are being used in this scenario (humor me ok) Trust A has 1 Mil of properties with say 300k equity. Trust A then loans this equity 'money' to Trust B which then uses this 300k of un-geared 'cash' to secure more loans to buy more property. You as guarantor get a phone call from a nice bank person asking if you understand all your obligations etc, you sign a form and the loan is a go.

    You cannot use all of the property in Trust A to secure say 1 mil in fresh loans for Trust B.

    Like I said humor me.

    Thanks guys for the free education

    D

    DWolfe | www.homestagers.com.au
    http://www.homestagers.com.au
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    Profile photo of TerrywTerryw
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    @terryw
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    Not really.

    Say you are earning $30,000 pa as a chimney cleaner. You set up trust A and buy a $100,000 property in this. The bank takes your income into account and the rent into account and approves the loan with you guaranteeing the loan.

    You then go back to the bank and they say no more lending, your $30k income is not enough to support a second property.

    You then set up trust B and go back to the bank, or a different bank, and ask for a loan. The bank will look at your income and the rent from the new property and approve the loan. Steve is saying they will disregard the loan you have guaranteed for Trust A as that is a separate entity. I am saying they won't disregard it as all guaranteed loans need to be taken into account for serviceability.

    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
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    @terryw
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    BTW, the guarantee is not just a phone call, but a legal document with most lenders requiring the guarantor to go and see a lawyer to get legal advice. The lawyer must sit down and explain that if the person on the loan cannot pay then the guarantor will be required to pay the loan, if they don't they can be sued etc. There are added costs for this, most lawyers charging a few hundred. And to make things worse, you may not be able to use the same lawyer that is acting for your entity as it be a a conflict for them to represent a borrower and the guarantor and the bank may insist on the independent legal advice. All the costs start to add up.

    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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