substitute/portability feature of a loan

Discussion in 'Loans & Mortgage Brokers' started by RetireRich101, 31st May, 2017.

Join Australia's most dynamic and respected property investment community
  1. RetireRich101

    RetireRich101 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,149
    Location:
    Sydney
    This is when someone sells a property, rather than closing the loan out with lender, they use the existing loan to purchase another property, basically transfer the loan to the new property.

    Just thinking out aloud, the benefit:
    1. You may be approved a larger loan amount pre-APRA, but despite you sell a property and conceded a loan amount of $300k, you may not qualify for the same amount post-APRA.
    2. This substitute/portability feature may allow you to sell in a market that is peaking such as Sydney/Melb and buy in other market that is recovery/rising, without applying new loan
    3. You may not trigger a full application if you're transferring the loan to the new property
    Have you used this feature? What are things to watch out for this feature?
     
    Perthguy likes this.
  2. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,147
    Location:
    Australia wide
    Timing is the biggest factor. Not easy to get multiple parties to agree to settle on the same day. An alterntive is if the lender will allow a term deposit to be used as security to keep the loan open.

    Portability feature will be used more often these days with the tightening up./
     
    RetireRich101 and Jess Peletier like this.
  3. tobe

    tobe Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    1,814
    Location:
    Melbourne
    I've done one, recently. It was to help a family member owner build. They sold one investment property, moved the loan to an unencumbered investment property they already owned and then had the whole of the sale proceeds to waste on their crazy dream.

    Serviceability wasn't an issue, it was more about avoiding owner builder policy issues.
    That was the first one I've been involved with in 15 years broking.
     
    RetireRich101 likes this.
  4. RetireRich101

    RetireRich101 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,149
    Location:
    Sydney
    My broker also mentioned to me about both property to be settled on the same day... I thought it was almost impossible to achieve. However a direct call to the Lender's retention group confirm I could do, as you suggested a term deposit to keep the loan afloat. This would probably keep the loan open for say 90 days until I find another replacement property.

    What is this term deposit?

    Say the loan is 500k with lender, the old property is sold 850k, so after all expenses I pocket 300k..
    What money is required for the term deposit? I only now have 300k and I need this for 20% of the new property.
     
  5. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,147
    Location:
    Australia wide
    The amount on term deposit would need to equal the loan.
     
    RetireRich101 likes this.
  6. RetireRich101

    RetireRich101 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,149
    Location:
    Sydney
    In that example, I would have to cough up extra 200k to complete the 500k term deposit ....probably works best when I have 50% lvr when selling the property, otherwise..

    Perhaps lender is ok with me reducing the loan from 500k to 300k?

    What about if you're in a fixed term? would the balance of the fixed term be carried over without breaking? If this is doable you could potentially save thousand in breaking fees and you may fixed at low rate you want to carry forward.
     
  7. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,147
    Location:
    Australia wide
    You only need 10% for the deposit on the new property. The other 10% will be paid at settlement.
     
  8. RetireRich101

    RetireRich101 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,149
    Location:
    Sydney
    and that 20% you can obviously take out from the term deposit?
     
  9. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,147
    Location:
    Australia wide
    from whereever you want really. at settlemetn your cash being used as security will be released.
     
    RetireRich101 likes this.
  10. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    Been trying to do this with 3 ATM, basically wanted to also do substitution with smaller lenders, but they have no mechanism to hold a deposit, so it means you must settle all at the same time, I have decided that with a credit file that looks like it has been hit with bird shot already, another few hits won't make any difference, so will re apply.

    Only some lenders can do what your talking of, call them up and ask.
     
  11. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    I think they will all allow a reduction if at same LVR (80 or less), increase will mean re application.
     
  12. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,147
    Location:
    Australia wide
    I would think the lender would have to be a deposit taking institution at least. So no mortgage managers could allow a term deposit as security.
     
  13. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    Yes, if you want to swap now and then use it on another place after the swap.

    No if you ready to do it and settle at same time, which I think you already said.
     
  14. RetireRich101

    RetireRich101 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,149
    Location:
    Sydney
    I think this substitute/portability transfer of loan works works well if the property you're selling has 50%LVR, so that after selling your profit is enough to fund the interim term deposit while looking for a replacement property, otherwise you need to cough up the shortfall.

    Of course when a replacement property is found( ideally lower purchase price/LVR), you paid the 20% deposit + expenses, and whatever surpass fund you may have in the term deposit.
     
    Perthguy likes this.
  15. sash

    sash Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    15,666
    Location:
    Sydney
    I'll let you know when I do one later this year.....

    Unfortunate bit is you can substitute a hard security i.e. land or property...but can do this to a construction loan...oh well will sell security with land which will title and then pay cash for the build.

    So long as you can pay the interest and put excess funds in term desposit ..it is worthwhile for 3-4 months of gap...any more interest costs come into play....
     
  16. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

    Joined:
    14th Jun, 2015
    Posts:
    10,686
    Location:
    Gold Coast (Australia Wide)
    its a common beast............. and plenty of issues depending on lender.

    some wont do portability or sub without a new credit assessment ..........

    Our most complex recent one was a sale in in nsw, with a purchase in NSW and a purchase in vic, all setting on the same day.............

    Subs to TDs and then out again are common place now that we are having to " repurpose" many of our Pray and Hold Investors to active traders. APRAHensive normalisation of servicing has pretty much changed the landscape, and those with no more sevicing can either sit on their hands - or get "active".


    ta
    rolf
     
    tobe and RetireRich101 like this.
  17. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    42,147
    Location:
    Australia wide
    Sash if you wanted to keep buying land and constructing you could possibly do it on the land component and fund the construction with cash or other borrowings such as a LOC.
     
  18. RetireRich101

    RetireRich101 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,149
    Location:
    Sydney
    I have few to/from chat with the lender's retention team....it's one of the big4.

    The understanding :
    • you can use a combination of cash TD and property for the security
    • if you use cash TD alone, its capped at certain lvr. say loan facility was 500k, and if capped at 80% lvr, then 400k loan.
    • any variation of the loan, even lesser loan amount, would trigger new credit assessment
    • if you don't need the full loan amount for your replacement property, say 400k then you can have a sub account for the 100k...so total loan to 500k intact.
    • it's possible using the cash from TD to fund the deposit of replacement property but it's subject to expiry of the TD..

    This substitute feature is specific to the lender, as Rolf pointed out. What works with westpac may not work with CBA.

    I am seeing people selling out of Sydney/Melbourne. loan is with big4...post-APRA hit them and serviceability impact them, they use Liberty/Pepper for new purchase. Maybe the property substitute is a better choice.
     
    Perthguy likes this.
  19. Marty McDonald

    Marty McDonald Mortgage broker Business Member

    Joined:
    22nd Jun, 2015
    Posts:
    885
    Location:
    Sydney North Shore and Norther beaches
    Done a few. A bit of a PITA but if its CBA or Westpac etc you can split the loan first to achieve what you want loan amount wise then subbie out to cash and back to property again. Every step involves new loan variations documents though so its not a quick process.
     
  20. RetireRich101

    RetireRich101 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    2,149
    Location:
    Sydney
    but this 'new loan variation' does mean a new reassessment/full, just tedious paper shuffling right?
     

Buy Property Interstate 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