All Topics / Help Needed! / WHICH LENDERS WILL LEND TO HYBRID TRUST??

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  • Profile photo of ladyoladyo
    Member
    @ladyo
    Join Date: 2009
    Post Count: 14

    Hi,

    We are experiencing some difficulties finding a lender who will lend to a Hybrid Family Trust.
    Ones we'd spoken to only lend to Unit Trust not Hybrid Trust.
    Anyone here knows of lenders that will lend to Hybrid Trust???

    Many thanks in advance.

    Stacey.

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

    Steer clear from hybrid trust…. but interestingly, the current API magazine posted article on Hybrid trust investor vs. ATO

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

    I am only aware of 3 standard lenders who still consider full doc applications where an HDT is involved.

    Richard Taylor | Australia's leading private lender

    Profile photo of Nigel KibelNigel Kibel
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    @nigel-kibel
    Join Date: 2005
    Post Count: 1,425

    no one

    Nigel Kibel | Property Know How
    http://propertyknowhow.com.au
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    We have just launched a new website join our membership today

    Profile photo of Ryan McLeanRyan McLean
    Participant
    @ryan-mclean
    Join Date: 2010
    Post Count: 547

    @ Richard – Who are the three standard lenders that will lend to a hybrid trust?

    Ryan McLean | On Property
    http://onproperty.com.au
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    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Sorry me old mate Trade secrets.

    Unless of course you would like to email everyone a list of addresses for free of the properties on your + website.

    Richard Taylor | Australia's leading private lender

    Profile photo of Ryan McLeanRyan McLean
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    @ryan-mclean
    Join Date: 2010
    Post Count: 547

    Hehe. I understand.

    It is important to keep your trade secrets to yourself. If I ever invest with a Hybrid trust (don’t plan on doing it any time soon) I will come to you ;)

    Ryan McLean | On Property
    http://onproperty.com.au
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    Profile photo of ladyoladyo
    Member
    @ladyo
    Join Date: 2009
    Post Count: 14

    Thank you to all.
    Two years ago the accountant helped set up this family trust and only until recently we realised it was set up as a Hybrid Trust. After been knocked back time and time again by lenders. Will call the accountant tomorrow and see if can be change to a unit trust as CBA are happy to lend to unit trust.

    Profile photo of Ryan McLeanRyan McLean
    Participant
    @ryan-mclean
    Join Date: 2010
    Post Count: 547

    @ Laydo – That sounds like a good call. Hybrid trusts sound like WAY too much effort to be worth it (unless you REALLY know what you are doing). It certainly helps to go to your accountant knowing what you want. I have learned that accountants generally only do what you ask them to. They only answer questions you ask…they rarely offer advice…
    This is my own personal experience.

    Ryan McLean | On Property
    http://onproperty.com.au
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    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Ladyo

    How long ago was your trust set up? Many older deeds will not pass with the ATO – if you are wanting to claim the interest on the borrowings against the unit holders personal income. If it is a more recent one then it may be ok

    Changing the trust to a unit trust may trigger a resettlement = CGT and Stamp duty on transfer of all assets of the trust to the new trust. So please get advice before you do this.

    Any why use a unit trust anyway? This will not lead to any asset protection and little tax flexibility.

    And, lastly, the problem with the lenders may not be the fact that it is a hybrid, but the fact that you will have the title in one name and the loan in another name = third party lending. If you are stuck then applying for the loan in the name of the trustee may get you thru – but watch the tax consequences.

    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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