Accessing Equity with Caveat on Title

Discussion in 'The Buying & Selling Process' started by legallyblonde, 16th Dec, 2018.

Join Australia's most dynamic and respected property investment community
Tags:
  1. legallyblonde

    legallyblonde Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    858
    Location:
    TAS
    Hello,

    I ran out of borrowing power long ago which is a shame because there were some good buys prior to everything going gangbusters! I am currently just focusing on increasing income so I can play with my equity in the future when the market is more attractive once again. Like everyone else I suppose, sitting on my hands waiting for the next 12 months to pass to see what happens.

    Moving on, my question is for a friend who luckily has borrowing power and is looking at buying a home with their parents. The property and granny flay will be in the name of my friend, their parents will have a caveat on the property on the understanding that they will have ongoing access to the granny flat. My concern is that when when my friend has paid down their loan (which is under 50 LVR) in the future and are looking to access equity that they will not be able to because of the caveat.

    The caveat holders are happy for equity to be accessed (at reasonable levels obviously) and do not have any objection. However, I have done a bit of reading on PC to get some background information and it appears most lenders would want the caveat to be removed before granting a mortgage.

    Does anyone have any experience with caveats and accessing equity?
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,922
    Location:
    Australia wide
    Yes it is possible.
    The caveator can consent or remove the caveat and put it back on. They should seek legal advice before doing so as it has implications with priorities.
     
    legallyblonde likes this.
  3. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,224
    Location:
    Sydney or NSW or Australia
    Have they considered a life estate for the gf sad a secondary level of protection? If, they needed to lift the caveat to consent to an equity release, they could still have the right to live in the GF or the property was sold/taken by the bank.
     
    legallyblonde likes this.
  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,922
    Location:
    Australia wide
    the caveat is possibly to evidence the life interest.
     
    legallyblonde likes this.
  5. legallyblonde

    legallyblonde Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    858
    Location:
    TAS
    Thank you for the replies @Terry_w and @Scott No Mates.

    It is certainly a bit messier than usual but sounds like it could work out well for everyone.
     
    Terry_w likes this.
  6. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    Would be easier (and compliant for Centrelink) to have a life interest in the GF.
     
    legallyblonde likes this.

Build Passive Income WITHOUT Dropping $15K On Buyers Agents Each Time! Helping People Achieve PASSIVE INCOME Using Our Unique Data-Driven System, So You Can Confidently Buy Top 5% Growth & Cashflow Property, Anywhere In Australia