Can a bank refuse a sale due to lack of serviceibility?

Discussion in 'Loans & Mortgage Brokers' started by mmgg, 1st Mar, 2020.

Join Australia's most dynamic and respected property investment community
  1. Trainee

    Trainee Well-Known Member

    Joined:
    24th May, 2017
    Posts:
    10,323
    Location:
    Australia
    So can a sale or refi trigger a full assessment, and end up with the lender saying actually we want a repayment of $x.

    if yes would it only apply where loans are xcolled, or just multiple loans with the same lender?
     
  2. Brady

    Brady Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,567
    Location:
    Adelaide, SA
    I've only ever seen it with a security substitution.
    Other comments are around x-coll which would be a 'partial discharge' as security level changing.

    Can't see any issues with a full discharge if it's only sole security.
    That's now, in the future who knows.
     
  3. Marty McDonald

    Marty McDonald Mortgage broker Business Member

    Joined:
    22nd Jun, 2015
    Posts:
    881
    Location:
    Sydney North Shore and Norther beaches
    They would just take the full proceeds IMO and then put you on a watch list. This is assuming the sale would be enough to pay down the debt to 80% or less of the remaining property values. If 90% etc they may stop the sale while they work out what to do / how to apply pressure to you to de-risk their loans.
     
  4. Lindsay_W

    Lindsay_W Well-Known Member

    Joined:
    1st Jul, 2015
    Posts:
    5,058
    Location:
    QLD/Australia Wide
    I agree, I would not think that they would stop the sale as such, just that they could request the remaining loans be paid down to keep the LVR at an acceptable level across the total portfolio. Which may actually require more than one property to be sold off, so kinda the opposite of restricting a sale :confused:
    Not an issue if all properties have experienced enough growth though.
     
    albanga likes this.
  5. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

    Joined:
    18th Jun, 2015
    Posts:
    8,161
    Location:
    03 9877 3000
    I haven't seen a bank stop a sale, but I have seen them use funds from the sale to pay down other loans against the sellers wishes.

    This is my number one reason why you should avoid cross collateralising properties.
     
    kierank and albanga like this.
  6. Marty McDonald

    Marty McDonald Mortgage broker Business Member

    Joined:
    22nd Jun, 2015
    Posts:
    881
    Location:
    Sydney North Shore and Norther beaches
    Ive seen them stop a few sales not of my existing clients thankfully but I've had enquiries where it has happened to people. When the loan is more than the value of the property they are selling and they don't have cash for the shortfall.
     
  7. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,920
    Location:
    Australia wide
    I don't think they can stops sales, but stop the discharge of a mortgage which may prevent a sale from completion
     
  8. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

    Joined:
    14th Jun, 2015
    Posts:
    10,629
    Location:
    Gold Coast (Australia Wide)
    always scary with NAB and group when a port goes to Credit......................
     
    Terry_w likes this.