Names On Loans Question

Discussion in 'Loans & Mortgage Brokers' started by ItsComplex, 24th Jul, 2021.

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

    ItsComplex Well-Known Member

    Joined:
    25th Apr, 2018
    Posts:
    72
    Location:
    Australia
    Currently, we have two names on a loan with Westpac

    They have suggested if we are looking at reducing it to one name then we can either refinance with them (if income can support this) or if due to legal matter (i.e. separation) go into the branch and sort there

    Could this also be achieved by refinancing elsewhere, from two borrowers to one? Would you just need sign-off from the other person or similar?

    The loan with WBC is <75% LVR PPoR and the rate is 4.33% variable,which is crazy (having come of IO)
     
  2. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,005
    Location:
    Australia wide
    Refinancing means paying one loan out with another. One could borrow and pay out the loan without the permission of the other. But where the mortgage needs to be discharged all mortgagors will need to sign.
    Since you don't mention changing ownership it seems there must be one owner and thereforeone mortgagor.
     
    ItsComplex likes this.
  3. ItsComplex

    ItsComplex Well-Known Member

    Joined:
    25th Apr, 2018
    Posts:
    72
    Location:
    Australia
    Yes, one owner, but this loan in both names (as with some others)
     
  4. Tony Xia

    Tony Xia Structured Loan Advisor Business Member

    Joined:
    23rd Aug, 2015
    Posts:
    1,577
    Location:
    Bella Vista
    Is the title under both names as well ?
    If it is then you'll need to organise a transfer and potentially pay stamp duty as well since its an investment.

    However long story short, yes you can refinance it back under your name assuming servicing is fine. Internally with westpac or externally.
     
  5. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,005
    Location:
    Australia wide
    In that case just one mortgagor so you can refinance and remove the non-owner as a borrower, without their permission.


    There is no point in being on a loan to a property if it is not needed for servicing - except for that person to strengthen a family law claim.
     
  6. CraigJ23

    CraigJ23 Well-Known Member

    Joined:
    28th Jun, 2021
    Posts:
    101
    Location:
    NSW
    I didn't think this was usual practice. I thought all the people on the loan would have to own the security (the property) for the loan?
     
  7. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,005
    Location:
    Australia wide
    No. Trustees and spouses are the main exceptions.
     
    ItsComplex likes this.
  8. ItsComplex

    ItsComplex Well-Known Member

    Joined:
    25th Apr, 2018
    Posts:
    72
    Location:
    Australia
    What a battle

    WBC want her to sign the discharge paperwork also but she won't, even though ultimately it's beneficial to her to do so, as she wants to get a loan in the near future under her name

    She doesn't contribute to this loan, or one of the other property loans, only the one that's she's residing in

    A pain, as I'm paying 4.3% with WBC for this property and can refinance to a much better rate IF i can get the loan discharged from WBC :(
     
  9. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,005
    Location:
    Australia wide
    That's one of the disadvantages of a joint loan. But if she is not a mortgagor she shouldn't have to sign. Speak to their complaints person.
     

Property Investors! Ready to Pay Less Tax? Estimate how much Property Depreciation you can claim on your Investment Property. Washington Brown's calculator is the first calculator to draw on real properties to determine an accurate estimate.