All Topics / Help Needed! / Cross Collateralizing

Viewing 8 posts - 1 through 8 (of 8 total)
  • Profile photo of RajsRajs
    Participant
    @rajs
    Join Date: 2013
    Post Count: 13

    I have 3 Investment properties, which are Cross Collateralized between them by one lender only. Can someone advise the pros and cons with this type of structuring.

    Sincerely appreciate any advice.

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

    No pros only cons

    Major one is when you go to sell one of the properties the other ones will need to be valued. This can cause all sorts of dramas relating timing, re-assessment of loans and requirements to pay down remaining loans (maybe reducing non deductible loans). I have seen one person who sold a property yet could not settle because the remaining property had dropped in value and the proceeds were not enough to settle. He could not settle on the sale property because the bank refused to release. Sale fell thru and he ended up bankrupt.

    Another client approached as he had quit work and was living the life retired early. He needed to sell one property to free up some living expenses and pay down debt. Lender required all funds to be paid into remaining loans – this naturally hindered his retirement and he needed to either work or sell more property to get those living expenses.

    Fix it now while you still can.

    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 RajsRajs
    Participant
    @rajs
    Join Date: 2013
    Post Count: 13

    Thank you so much for your advice.

    Profile photo of Corey BattCorey Batt
    Participant
    @cjaysa
    Join Date: 2012
    Post Count: 1,010

    Agreed completely with Terry. There is almost no practical benefit to x-coll, so it’s best to have this sorted out sooner rather than later.

    It may seem daunting, but a decent broker can unravel the mess if they know what they’re doing. :)

    Corey Batt | Precision Funding
    http://www.precisionfunding.com.au
    Email Me | Phone Me

    Investment Focused Finance Strategist - servicing Australia-wide

    Profile photo of RedwoodRedwood
    Participant
    @redwood
    Join Date: 2013
    Post Count: 340

    Hi mate,

    Listen to Terry’s advice.

    My personal story is that I changed from CBA to another bank – where the lender was a family friend. I signed the loan docs and did not pay attention to the security at the back of which two of my IPs were crossed. No he did not bring that to my attention the shifty bastard. He said it was a credit decision….

    It took me ages to get my head around it, X coll just did not compute for me, I was left scratching my head, the lender told me not to worry but I wanted an independent opinion.

    A quick chat with Aaron C from this forum and another broker and it all came together. My situation is quite safe, however, the lender is currently undoing the X coll as we speak.

    I suggest you chat to one of the fantastic brokers on this forum and work on your personal situation and how you can undo the X as it will catch up with you in the long run. That the 2 cents of a non-broker.

    Cheers, Ivan

    Redwood | REDWOOD | SMSF | PROPERTY | FINANCE
    http://redwoodadvisory.com.au
    Email Me | Phone Me

    SMSF - PROPERTY INVESTMENT - WEALTH CREATION AND FINANCE SOLUTIONS

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

    There is a benefit to cross col – to the bank not the borrower.
    The bank will have more security than it needs and will make it more difficult for the client to leave – whether refinancing or selling. This will also allow them to reassess you at discharge time and to decide whether they think you are a risk or not.

    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 PLCPLC
    Participant
    @plc
    Join Date: 2012
    Post Count: 400

    Agree with the others above. Do not cross-collaterise as the only one this benefits is the lender.

    The lender has all the control and if you get into any financial difficulty then your whole portfolio is at risk.

    Put the control back into your hands and get a decent broker to sort it out for you ASAP.

    Cheers

    Tom

    PLC | Phoenix Loan Consulting
    Email Me | Phone Me

    Melbourne based Mortgage Broker | Making Finance Simple

    Profile photo of LucindaLucinda
    Participant
    @lucindajane
    Join Date: 2014
    Post Count: 4

    We also got caught with this one when our rural property was cross collateralised with our city property. When we wanted to sell the city property, the bank’s 50% LVR for rural properties came into play and we had to pay most of the proceeds into the rural property loan. We changed banks – it limits which bank you can use though as many have this rule.

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