Cross collaterising - please explain!

Hello,

as the thread title suggest, could you please explain what cross collaterising is and how to avoid it?

At the moment I'm going trough loan approval for my first PI with my mortgage broker. As I'm already with ANZ on my PPOR, broker suggested to use ANZ's package deal.

This deal costs ~349 a year and allows up to 5 loans. He said that using this I wouldn't cross collaterise. Is this true?

Any help is appreciated.
 
I'm just new here, so I'm not sure if I'm right or not, but I think when you use cross collateral you are using the equity in your PPOR to partially secure your investment loan. The bank will only lend you 80% of the value of the IP without requiring mortgage insurance, but if you have 2 properties, your IP and your PPOR, they will lend you 80% of the combined value of the properties.

In effect, you investment loan will be secured by 2 properties. For various reasons, I think that is bad, so the alternative is to get a separate loan for your 20% plus costs secured against your PPOR (via an equity loan as part of the ANZ package) and then have a second loan that is for 80% of the value of the IP. That way, your IP is securing one loan and your PPOR is securing another loan. To me it seems neater and safer to have 2 separate loans secured by different properties rather than one loan secured by 2 properties.

The end result is that you will have 3 loans with ANZ, your PPOR mortgage which should have an offset account to reduce non-deductable interest, your "Deposit" loan which is using the equity in your PPOR and for which interest is deductable, and your IP Mortgage for which interest is deductable.

Hope this makes sense.
 
To my understanding, it's good to avoid cross collateralising if you can. Having said that, I've cross collaterilsed everything - my PPOR, my IP's, the dog and cat - you name it! :p

I think part of the theory is that if one loan goes bust somehow - the bank can only sell the one house to get back money, as opposed to selling all the rest too if they were cross-col'd.

But, I'm not sure if this works - I have read in numerous articles, if they are all in your name, and you owe the bank $ on a certain loan, they can sell whatever they need to get their $ back, whether it's cross-col'd, or a stand alone mortgage.

I think this is right, but other SSers will probably know a lot more on the matter than me.

Cheers
Steve
PS Love your handle "piNoob" :D
 
The problem with cross collateralising isn't that the bank can take all your properties if you default on one, theoretically they could do this anyway but they don't because they don't want you to call ACA and complain.

The main reason to avoid it is because it limits your flexibility. It can limit your ability to access equity and purchase more property.

Example 1:
Sooner or later, many people reach a limit of what they can service according to the banks criteria. Another lender might be willing to be more generous depending on different policies. If you want to move one property to access the equity in that property, your existing bank can make life extremely difficult, as they may demand you reduce your debt on other existing loans. That is of course, if they can figure out which loan to discharge. Sorting through this can be very cumbersome and time consuming (months), which could cost you the next deal.

Example 2:
You've got one loan securing 3 investment properties, with a total LVR of 60% - a fairly strong financial position. You decide to move into one of the IPs, as you're tired of renting yourself. The question now is, how much of your interest on the loan is now tax deductible? The answer - potentially none of it. The ATO may be able to rule that the primary purpose of your loan is now for personal use and is no longer deductible. You'll miss out on thousands of dollars in deductions until you change it back into an IP.

For an overview of why not to cross collateralise, have a look at this post.
 
Just a quick note on the 'the bank can sell anything in your name anyway comments' can anyone provide a source for this?

My understanding is the only way the bank could do this would be to force you into bankruptcy (and then it is actually a trustee, not the bank selling the assets but the end result is you loose them). The bank can't sell any assets you own other than those you volunteer as security for the loan (and the ones they have a registered mortgage over). As others said that means if you 'cross collatorise' they can sell any or all of the homes offered as security.
 
Cross Colling is when your bank/lender uses more than 1 property (be it ppor or IP or a mix of both) to secure a loan.

Non cross colled is when your bank/lender holds only 1 property to secure 1 loan.

Hope this simplifies it for you.
 
We are of the opinion this subject is a complete furphy...however the hell you spell that...., brought on by self interest 'groups' whose business objectives are further enhanced and made easier by having clients who aren't crossed.


My wife made an analogy once about X-coll (as only a mother can) when she compared it to giving birth lying down on a hospital bed with your legs in those stirrup things. Damn uncomfortable and totally wrong position for the mother (Bank) and child (Investor), but who cares right ?? It's absolutely wonderful for the doctor (Mortgage broker) who can comfortably stand up in a natural position. Gives him marvellous flexibility and a plenty good view.....but so what pal ?? Get in the best possy that's comfortable for the mother and child and choof the Doctor away. Who knows, maybe that's a bad analogy ??


Ten disadvantages of Cross-Collateralising your property portfolio…

#1. When you sell a property in a cross-collateralised structure you may not see any of the funds as the bank may request some or all of it to go back in against the existing loans to strengthen their position. They don’t need your permission either. Picture this you’re releasing one of your properties for an opportunity or worse still a bind, and the bank deducts funds to strengthen their position. Where would that leave you? I have seen this happen to some very asset strong and successful property investors. Answer given, Bank Policy!

Don't sell.

#2. When you sell a property you have to resign all of the existing mortgages. Extra unnecessary paperwork.

Don't sell.

#3. You can loose product selection and control by being with just the one bank. For example the bank can say no more interest only loans for you, we want you to take a Principle and Interest loan from now on, to reduce your debt with us. This is quite common when your borrowing levels get up with the one funder.

Don't know what the definition of "get up" is, but we haven't found this to be the case. Also unsure about "product selection", the only "product" our Bank pumps out is cash. Must be an insider term.

#4. Bank holds far more security than often necessary, for example Property A worth $800 000 is used to buy property B for $250000. The bank has $1 050 000 of assets against $250k of loans. The result is that the bank holds all of your cards.

We reckon the Investor needs his head read if he's investing in a little 250K prop if he has 800K free equity available to him. Investor's fault, not Bank's.

#5. Buying across state boarders you are subject to mortgage document stamp duty of that state, this in itself is OK, but when you have other properties as security for the purchase, regardless of the state they are in you may have to pay the mortgage document stamp duty on the entire loan amount, rather than just on your purchase price. For example, purchase property A worth $300,000 in QLD but for whatever reason you have offered another property as security and it is worth $500,000 in the ACT, you would have to pay mortgage document stamp duty on the whole portfolio of $800,000 and this is because the entire mortgage document has to be stamped in QLD. This duty is a state duty and is different in every state or territory. An example of the difference in the amount payable can be, where the stamp duty is $4 in a thousand, for the cross-collateralised mortgage document stamp duty you are up for approximately $3,200, but if you had your purchase as a ‘stand alone’ loan you will have to pay approximately $1,200 . If you need to find out more about this point, please give us a call.

We're too scared and have never ventured out of our little area, so unaware of the big bad world across borders. Not qualified to comment.

#6. Having at least two lenders gives you the flexibility of playing one off against the other, giving you more choice an ultimately more control.

We take the attitude that our Banking partner is our greatest investing ally. For the last 12 years they've also taken that approach and we feed off each other, for mutual benefit. The very last thing I'd do to my investing partner is start "playing one off against the other". We check the cost of the cash, but no-one has managed to beat the prices offered so far, and the service has been red carpet all the way....so far. If we pay the mortgage payments, they leave us alone.

#7. If you want to realise some increased equity when properties have grown in value you need to have your whole portfolio revalued (multiple valuations instead of one, again an additional and unnecessary cost).

We've just been through this exercise, and it's actually a very good thing. Spend miniscule amounts to re-value your whole portfolio and use the increased equity to go again. This is the very best thing about property and using the leverage available. I cannot understand how this could ever be a 'bad' thing.

#8. You can run out of borrowing capacity with one lender when you reach their maximum serviceability / exposure levels.

We haven't experienced this yet....and hence cannot really comment further. I do know the Bank is in the business of lending money. We've never discussed maximum levels, 'cos the goalposts keep moving northwards thankfully.

#9. It is so much harder to move banks, if you no longer like or agree with their service or lack of.

Being partners in crime together - joined to the hip if you will, we show mutual respect for one another and support each other. The service is outstanding from every angle. Many phone calls, one point contact, quick email turnaround, personalised service, the odd lunch together (sometimes the bank pays, sometimes I take the Bank out).

#10. If you have cashflow problems, your whole portfolio is at risk. Better risk management from your respect is to not cross.

No, I reckon the better risk management is to either get a better more secure paying job and/or a better tenant set where the income stream is of investment grade, such that the Bank has confidence to allow 100% of the rental income as servicable cashflow.



Of course, we haven't really touched on the biggest advantage of property investing.....that is using OPM to leverage into the biggest secure portfolio one can possibly handle at any given point in time. This philosophy of investing dictates that you X-coll to squeeze out every last centimetre on that lever's length, to shift the biggest load possible.


The loan documents end up looking like a ball of string after a kitten has played with it....but who cares, other than the mortgage brokers. The security page goes on for a bit, but then the Bank writes it all up, so no extra work on the Investor's behalf.


As a client, she's just one big melting pot of equity, bubbling away nicely, with a thick hearty retirement soup brewing away.


In terms of default and Bank's ripping off your properties, I reckon they'll move heaven and Earth to avoid doing that, simply because they are in the mortgage game, not the property game. The last thing they want is some 3x1 skanky house with a whole bunch of domestic rubbish in their lap. They'd prefer it to be in your lap, with one nice clean cash payment arriving into their coffers every month. Conversely, if they are serious about stripping properties of you, I have every faith in their legal departments gaining access and court orders to almost anything you own or control, including your teddy bear.


If the brown really hits the fan, choose one or two big properties to sell and completely eliminate the entire loan entanglement and run the Bank off to be left with a clean slate.


X-coll to us seems like a big bogeyman that ain't really there. We hear newer investor's constantly commenting how bad "it" is, but I usually don't engage in a conversation with them to extract exactly what it is that's bad about it. I gather we are in the minority in our views, and may upset some people's livelihoods here by commenting, so for that I apologise.


Happy investing.
 
Dazzling do you consider yourself at risk if the bank manager i.e. the individual, were to leave the bank? I would love to have one bank to work with instead of tarting all over town each time - am yet to find a bank that would be so commercial and proactive tho. Mind you a lot of mine has been development fundign which could be a different ball game to the funding you are doing seeing as you have said you dotn develop?
 
Resp = My response

We are of the opinion this subject is a complete furphy...however the hell you spell that...., brought on by self interest 'groups' whose business objectives are further enhanced and made easier by having clients who aren't crossed.


Ten disadvantages of Cross-Collateralising your property portfolio…

#1. When you sell a property in a cross-collateralised structure you may not see any of the funds as the bank may request some or all of it to go back in against the existing loans to strengthen their position. They don’t need your permission either. Picture this you’re releasing one of your properties for an opportunity or worse still a bind, and the bank deducts funds to strengthen their position. Where would that leave you? I have seen this happen to some very asset strong and successful property investors. Answer given, Bank Policy!

Don't sell.

Resp: But some people want to sell, or need to for various reasons. SS is proof enough that everyone has a different strategy and exit plan

#2. When you sell a property you have to resign all of the existing mortgages. Extra unnecessary paperwork.

Don't sell.
Resp: as above

#3. You can loose product selection and control by being with just the one bank. For example the bank can say no more interest only loans for you, we want you to take a Principle and Interest loan from now on, to reduce your debt with us. This is quite common when your borrowing levels get up with the one funder.

Don't know what the definition of "get up" is, but we haven't found this to be the case. Also unsure about "product selection", the only "product" our Bank pumps out is cash. Must be an insider term.
Resp: I am mainly with ANZ but when I refinanced a property recently, and were only eligible for a lo-doc loan (down to one income at the time) we didnt meet the ANZ criteria. So we went to the NAB. People are with all sorts of banks because of lending criteria that suits them at the time. Again, everyone's circumstances are different.


#4. Bank holds far more security than often necessary, for example Property A worth $800 000 is used to buy property B for $250000. The bank has $1 050 000 of assets against $250k of loans. The result is that the bank holds all of your cards.

We reckon the Investor needs his head read if he's investing in a little 250K prop if he has 800K free equity available to him. Investor's fault, not Bank's.
Resp: Yet again, its the strategy of the investor. Just because they've got $800k available, doesnt mean they have to use it all, or use it all on one property

#5. Buying across state boarders you are subject to mortgage document stamp duty of that state, this in itself is OK, but when you have other properties as security for the purchase, regardless of the state they are in you may have to pay the mortgage document stamp duty on the entire loan amount, rather than just on your purchase price. For example, purchase property A worth $300,000 in QLD but for whatever reason you have offered another property as security and it is worth $500,000 in the ACT, you would have to pay mortgage document stamp duty on the whole portfolio of $800,000 and this is because the entire mortgage document has to be stamped in QLD. This duty is a state duty and is different in every state or territory. An example of the difference in the amount payable can be, where the stamp duty is $4 in a thousand, for the cross-collateralised mortgage document stamp duty you are up for approximately $3,200, but if you had your purchase as a ‘stand alone’ loan you will have to pay approximately $1,200 . If you need to find out more about this point, please give us a call.

We're too scared and have never ventured out of our little area, so unaware of the big bad world across borders. Not qualified to comment.
Resp: I'm in two states, and planning a third. Would have to have this happen to me!

#6. Having at least two lenders gives you the flexibility of playing one off against the other, giving you more choice an ultimately more control.

We take the attitude that our Banking partner is our greatest investing ally. For the last 12 years they've also taken that approach and we feed off each other, for mutual benefit. The very last thing I'd do to my investing partner is start "playing one off against the other". We check the cost of the cash, but no-one has managed to beat the prices offered so far, and the service has been red carpet all the way....so far. If we pay the mortgage payments, they leave us alone.

Resp: Agree here. You can always play one off against the other with a phone call. You dont actually need to be a borrower with them to do this.

#7. If you want to realise some increased equity when properties have grown in value you need to have your whole portfolio revalued (multiple valuations instead of one, again an additional and unnecessary cost).

We've just been through this exercise, and it's actually a very good thing. Spend miniscule amounts to re-value your whole portfolio and use the increased equity to go again. This is the very best thing about property and using the leverage available. I cannot understand how this could ever be a 'bad' thing.
Resp: Agreed, sort of. You can squeeze every last bit out of the portfolio as a whole, but once you're up around 20, 30, 40 or more properties, this gets kinda annoying, surely.

#8. You can run out of borrowing capacity with one lender when you reach their maximum serviceability / exposure levels.

We haven't experienced this yet....and hence cannot really comment further. I do know the Bank is in the business of lending money. We've never discussed maximum levels, 'cos the goalposts keep moving northwards thankfully.
Resp: Again, people's circumstances are different. And so do banking criteria. When I've run figures with a MB, I'm amazed at the difference between what different banks will lend me.

#9. It is so much harder to move banks, if you no longer like or agree with their service or lack of.

Being partners in crime together - joined to the hip if you will, we show mutual respect for one another and support each other. The service is outstanding from every angle. Many phone calls, one point contact, quick email turnaround, personalised service, the odd lunch together (sometimes the bank pays, sometimes I take the Bank out).
Resp: I've never met someone who trusts their bank as much as you do. I do hope they dont let you down.

#10. If you have cashflow problems, your whole portfolio is at risk. Better risk management from your respect is to not cross.

No, I reckon the better risk management is to either get a better more secure paying job and/or a better tenant set where the income stream is of investment grade, such that the Bank has confidence to allow 100% of the rental income as servicable cashflow.

Resp: A higher income or better tenant is good for risk management. But so is spreading loans between banks. There are many ways to manage risks. Both are valid.



Happy investing.
 
Dazzling do you consider yourself at risk if the bank manager i.e. the individual, were to leave the bank ?

My contact is a reasonably old, late 30's :p so I have broached this subject with him. He's been there now 5-1/2 years in the same position and has been our point contact for the past 3-1/2.

My concern was being shuffled onto faceless and hopeless contacts who didn't have the authority to talk to me directly, but continually had to run back to their superior for an answer.

I must admit, I wasn't happy when we got shuffled from our previous contact to this one, as the former really looked after us well. I had reservations about this new guy at the start and grilled him pretty hard. He's turned out to be just fine.

We've found money talks with Banks. If you go cap in hand to them for a 250K loan....then yes.....you are going to get pretty shoddy treatment.

My contact is extremely pro-active, and the closest thing to a business partner I have. He is literally the only hurdle I need to overcome to keep investing. If he says no - all stop. If he says yes - full steam ahead. So far he's said no once, and that was something I had a crack at 12 months ago when I went head to head against Kerry Stokes for a Caterpillar site. I really was biting off more than I could chew, and they gently told me so.

For a conservative big four bank, I'm pleasantly surprised at how flexible and hungry they are for business opportunities. As you rightly point out, I don't do developments....not that I wouldn't like to.....but at this stage, I'm still trying to get the portfolio up in value, and rightly or wrongly, I don't think that path is the quickest right now.
 
Agreed tubs....one size does not fit all.

We are all individuals and our circumstances dictate different approaches. Absolutely.

I suppose I just wanted to put forth a view that X-coll wasn't the big bad bogey that everyone assumes it is, to simply balance the discussion somewhat.

The initial statement in the first post asked two questions

What is it ?? and How do I avoid this bad thing ??

Well, in my mind there is an underlying perception there if you asking how to avoid something if you don't know what it is in the first place.
 
thanks everyone for suggestions/advice!

In effect, you investment loan will be secured by 2 properties. For various reasons, I think that is bad, so the alternative is to get a separate loan for your 20% plus costs secured against your PPOR (via an equity loan as part of the ANZ package) and then have a second loan that is for 80% of the value of the IP. That way, your IP is securing one loan and your PPOR is securing another loan. To me it seems neater and safer to have 2 separate loans secured by different properties rather than one loan secured by 2 properties.

The end result is that you will have 3 loans with ANZ, your PPOR mortgage which should have an offset account to reduce non-deductable interest, your "Deposit" loan which is using the equity in your PPOR and for which interest is deductable, and your IP Mortgage for which interest is deductable.

Hope this makes sense.

This is basically what my MB suggested, only difference was that 20% plus cost he put on the same offset loan as PPOR and 80% as a separate loan for IP.

This way it should not be cross collateralised, right? And I would use only 2 out of 5 available loans under this ANZ package, which lets me to buy another 3 IP's in the future?

By the way, does anyone know if ANZ Breakfree package is a good deal?

Again, thanks everyone for your help!
 
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My Situation

while I'm here and everyone knows so much more than me, I think I'll use this to my advantage :p

I'll give you my current situation, what would you do in my case when buying your first IP?

PPOR ~$450k
Debt: 150k
PI: depends what I can find, but I think 300-500k for the 1st one.

Combined salaries >120k and my broker told me I can borrow up to 1 mil. to invest. Also, I don't want to use any money in my bank account, only OPM.

Currently I'm with ANZ on offset mortgage account.

So again, what would you do? How would you organize your loans? Please remember I don't want to use my cash as well as pay LMI.

P.S. My long term goal is to buy 10-15 PI's for safe and happy retirement as I don't want to quit my job - I like it (for now).
 
Daz

I'm not talking about theory, just what happened to me.

Two things.

1. I bought an IP, the bank crossed it with PPOR. When they revalued PPOR, it had gone down in value (1997). So I went over 80% LVR- so LMI to pay. Fair enough.

But because it was under the one loan, the LMI was assessed for the total loan, covering the two properties. I didn't know better- if I had separate loans, I would have only been assessed LMI on the one loan which took me over 80%.

2. During the boom, I purchased my flock of bats. I had two other IPs plus PPOR with the same bank. The only way I got the flock was througfh x-coll, so I'm glad I had the facility.

12 months later, the properties had risen strongly. I went to the bank to get more money to go shopping again.

I was told that I could not borrow any more from them. I was over their comfort level for resi loans.

But because the bank had all the properties crossed, I could not easily remove one to another lender to get more finance.

It was a slow process of taking properties out, refinancing some of them as separate properties with the bank, and others with other institutions. It took 12 months to do, and I missed out on a lot of growth.
 
Sounds dreadful Geoff. With a PPoR, 2 IP's and a flock, I would of thought you'd have a bit of weight.

When you say their "comfort levels", do you mean equity or serviceability ??

If you were on a lowish income with all of those ressy props, I could probably see their viewpoint on a serviceability standpoint.

How hard did you push it with them, hopefully you didn't take the first no and then leave it at that ??

As tubs said, everyone's circumstances are different.

Given your history Geoff, what's your plan of attack nowadays ??
 
Dazz

The problem was that my borrowings with them at the time were well over the $1M for resi, which was way over their comfort levels. Servicibility was fine, and the flock was strongly CF+.

I didn't push, as my Personal Banker had run through all sorts of hoops even to get the Flock- so if he told me no way, I knew that was it. (MB did go in and ask questions himself after initial refusal, and helped out in the refi, even though the new loans he set up with the same bank did not earn him anything).

At the moment, the business has most of my attention and tied up money.
 
thanks everyone for suggestions/advice!
This is basically what my MB suggested, only difference was that 20% plus cost he put on the same offset loan as PPOR and 80% as a separate loan for IP.

This way it should not be cross collateralised, right? And I would use only 2 out of 5 available loans under this ANZ package, which lets me to buy another 3 IP's in the future?

By the way, does anyone know if ANZ Breakfree package is a good deal?

Again, thanks everyone for your help!

I have the Breakfree package for my home loan and an equity loan, and it seems to suit me. The offset account has been really good. I hadn't realised the 5 loan limit, but it doesn't bother me at the moment. The reason I would have a separate loan for the 20% is to simplify things at tax time. The interest on that loan should be deductable. If you have it with your home loan you will have to work out which portion of the loan relates to the investment.
 
I have the Breakfree package for my home loan and an equity loan, and it seems to suit me. The offset account has been really good. I hadn't realised the 5 loan limit, but it doesn't bother me at the moment. The reason I would have a separate loan for the 20% is to simplify things at tax time. The interest on that loan should be deductable. If you have it with your home loan you will have to work out which portion of the loan relates to the investment.

thanks a lot mate! Now I understand about 20% on a separate loan, didn't think about the tax stuff.

I'm just not sure if package deal for $350 p/a is good enough for me to cover PPOR and 1 IP, maybe if you have 4-5 separate loans it would be better value.

Anyway, this is a separate issue :)
 
thanks a lot mate! Now I understand about 20% on a separate loan, didn't think about the tax stuff.

I'm just not sure if package deal for $350 p/a is good enough for me to cover PPOR and 1 IP, maybe if you have 4-5 separate loans it would be better value.

Anyway, this is a separate issue :)
No worries.

As for the $350, I think it covers loan establishment and account fees, so that should be all you pay for the year. Most importantly it gives you access to the offset account and a 0.6% discount off the standard variable rate on loans over 250K or 0.5% off for loans under that, so on a 350K loan that should save 2K in interest.

I'm not sure if that is a good deal or not, maybe a good broker could get you all that anyway without the fee.
 
Another tip for people to consider. If you are getting to a point where your equity allows you more borrowings via low doc etc but you are getting close to your servicing limit. Remember that if you have shown financials to your bank then it is 2 years from then that you can apply for low Doc. (normaly)
That can be very limiting.
 
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