Finance rejected, legal implications..

Hi all

Hope someone can shed some light to this: me & my sis bought a student accomodation as an IP off the plan in MEL and is due to completed for all formalities in weeks. CBA came back to reject the loan even we have 30% of our own funds towards it because the unit is very small (less than the standard 18 sq. meter that nowadays CBA will finanace) plus we have been told that no other banks and fin. institutions will lend towards this type of IP as they are now classed as risky. We know that we will have to lose our 10% deposit which was paid approx 2 yrs ago (20K) and possible lawsuit by builder. Can anyone advise how we can minimise the possisble legal & financial impact?

Much appreciated for your imput

Poor sisters
 
did they say they wont lend you ANY money at all for it? or just not 70%?

if latter, ask them how much they will lend you and maybe somehow you can make up the difference (?)

sorry to hear about it =(

I was never aware about banks not inclining to approve for loans over properties smaller than a certain size until I signed up to this forum ..... something to keep in mind in future for me
 
...plus we have been told that no other banks and fin. institutions will lend towards this type of IP as they are now classed as risky.
I would be seeking 2nd, 3rd & 4th opinions before I believed this.
You also maybe able to access a commercial loan - since you only need a 70% LVR loan??

Also banks are not the only source of finance. There are other (certainly higher % interest) loans available from solicitors for example. You might also get a JV partner who can fund some / all the balance of the loan.

We know that we will have to lose our 10% deposit which was paid approx 2 yrs ago (20K) and possible lawsuit by builder.

Yes you do stand to not only lose your 10% deposit but also get sued for the difference in what you were buying for and what they may sell for to someone else (if it is lower).
 
.... we have been told that no other banks and fin. institutions will lend towards this type of IP as they are now classed as risky. ....

Welcome to the forum.

Now the questions:

Who told you this?
Have you exhausted all avenues?
Can you russle up another 10% and do a 60% loan?


The Y-man
 
Thanks guys for the input so far.....

We go thru a broker and he earlier returned to say the valuation (hopefully independent) done by CBA is around 30K lower than the contract price around 195k and the unit is only 16 sq meter. Since they classed this as specialty loan only the big 4 are looking into it if it is 18 sq meter and above. We have saved up 30% or around 50K ready for the purchase and when CBA declined the application this week its pretty hard fall of both of us. Now you see the 2 problems arise:
1) Valuation falls by as much as 30K
2) CBA refusal to loan unit less than 18sq m.

The 50% deposit/savings from my sis is pretty much all her earnings from working during her university studies. I could work hard to save again but she is too young and fresh for this harsh reality.

She is worried that if the builder sells our unit at below cost then sue us for the "excessive" loss that would really kill us.....

Pearl & sis
 
Pearl, I noticed your status says you are from Perth and the IP is in Melb. Did you and your sis live in MElb before you bought the property?

When you bought the property, did you have a look around and do a bit of research, and did you both consider the price to be reasonable at the time hence you bought it?

HOw much do YOU and YOUR SIS think the property is worth now? Have you checked the prices in the area? I assume you probably paid similar price as others who have bought the property in the same building ... so they must have thought it was worth it then .... I'm a little bit shocked at how much lower the CBA valuation is, has the area dropped significantly and if so for what reasons?

THe bank valuer is not always spot on. THe professional valuers don't specialise in the area and use 'comparables' which may not have sold at arms' length etc. Whilst real estate agents working in the area are not professional valuers, they are likely to have a better idea of how much the property can be sold for. I would suggest you call around a few agents in the area right away, tell them about the property and tell them you have bought it but thinking of offloading it as soon as the sale is completed. That way they might think you could be a potential vendor/customer and would be willing to offer you their 2 cents. Tell them at the outset you have personal reasons for selling the property and hence you want a REALISTIC figure and a QUICK SELL (that would discourage them from just giving you a high figure hoping you would take your business to them instead of someone else). Get a few different verbal 'appraisals' and compare them with CBA's valuation. If CBA's appears too low, start making inquiries with other lenders immediately, try brokers who may have access to different lenders that may be prepared to lend you and have different valuers who may value the property higher than CBA.

If this still doesnt work out, then we can worry about the builder suing you for the difference.

-----------

By the way I don't mean to question the ability of professional valuers ... but in my experience, the REAs can hit the mark a bit closer.

Professional valuers value how much the property is WORTH based on comparables in the area. A local REA can tell you how much they think people looking for properties in the area are prepared to pay for your property. They can be two different figures.

I do a lot of research before I buy a property, personally as opposed to getting someone else to do it, and I generally keep myself updated on the area's performance so I can provide a fair estimate of how much the property is worth at any point.

When I refinanced my last property, the bank valued it about 5% more than what I thought it would sell for. This is probably because that house was the 'worst' on the street. It obviously worked in my favour as it created more equity for me. About a month after, my property manager did a routine inspection and dragged along a sales person who provided a free appraisal. His range was almost identical to the one I had in mind. I think the valuer wasn't that far off and it was good to know he thought my property was worth that money - which it is, but given the market was starting to cool, I had reservations as to whether people would be prepared to pay for the price valued by the valuer.
 
Thanks guys for the input so far.....

We go thru a broker and he earlier returned to say the valuation (hopefully independent) done by CBA is around 30K lower than the contract price around 195k and the unit is only 16 sq meter. Since they classed this as specialty loan only the big 4 are looking into it if it is 18 sq meter and above. We have saved up 30% or around 50K ready for the purchase and when CBA declined the application this week its pretty hard fall of both of us. Now you see the 2 problems arise:
1) Valuation falls by as much as 30K
2) CBA refusal to loan unit less than 18sq m.

The 50% deposit/savings from my sis is pretty much all her earnings from working during her university studies. I could work hard to save again but she is too young and fresh for this harsh reality.

She is worried that if the builder sells our unit at below cost then sue us for the "excessive" loss that would really kill us.....

Pearl & sis

Hi Pearl

I had been in your position before and my broker managed to get me a commercial loan with one of the big 4 at 70% LVR. You need a hard working mortgage broker to study your options and look up all the various sources of finances as soon as possible. If you like I can put you in touch with my mortgage broker in Melbourne who helped me. He is honest and will let you know if he can help you or not. PM me if you still have time to follow this lead.

F
 
off the plan

student accommodation

18sqm

the trifecta of terrible investments.

throw in $30k undervalued to start with and that would just about win the worst 'investment' of the year award.

let me guess it was advertised as

* high rental yield ( maybe even a rental guarantee)
* stamp duty savings
* good depreciation benefits

shame u didn't post here before signing the contract, everyone would have told u to run a mile.

this would be hard to take but if it was me i walk walk away as 10% loss (the deposit) is actually a good result given current situation, the growth on that property is likely to be minimal if anything at all, you would be funding a no growth "liability' for years. One that is pretty much impossible to sell.

I doubt builder/developer would bother suing for the rest, take the 10% loss as a valuable life lesson and go and use the another 20% to buy something else. Just post on here first what you are about to buy!!

Don't throw good money after bad, tell them now you can't settle and walk away. Long term it will be a small blip in your investment journey if you change horse now.

Good luck

BT
 
Pearl,

Are you sure your broker has exhausted every financing option? It may be time to go elsewhere, have a chat to Rolf Latham who may be able to help.

Hi all

Hope someone can shed some light to this: me & my sis bought a student accomodation as an IP off the plan in MEL and is due to completed for all formalities in weeks. CBA came back to reject the loan even we have 30% of our own funds towards it because the unit is very small (less than the standard 18 sq. meter that nowadays CBA will finanace) plus we have been told that no other banks and fin. institutions will lend towards this type of IP as they are now classed as risky. We know that we will have to lose our 10% deposit which was paid approx 2 yrs ago (20K) and possible lawsuit by builder. Can anyone advise how we can minimise the possisble legal & financial impact?

Much appreciated for your imput

Poor sisters
 
16sqm is only the size of the average bedroom. Does that really sound like what you signed up for to you? If not, the builder may themselves be in breach of contract and you might be able to negotiate a deal where you bOth walk away without liability.
 
you do need a lawyer to look over exactly what was represented to you in the sale and compare it to the strata plan that has been registered. the law can be quite cut and dry in this area - any changes to the strata plan can terminate the contract. this happens more commonly than you might expect too
 
forget all opinions .....go and seek quality legal advice before you do anything else......

- consider all options with your legal eagle

- think of the future

- consider if the actual investment is a asset or liability

cant stress this any more!!

good luck...
 
I would suggest you seek legal advice as there may be ways to rescind the contract.

If there is no way out and you cannot get finance then I would suggest you keep the other side's solicitor informed and be as nice as possible. Tell them as soon as you can to help minimize their losses. Also tell them about your predicament and your lack of money etc etc/ They may be less harsh on you.
 
Good morning all

We are indeed very much appreciated for all your valuable comments about our demise so far and hope we heard about this forum much earlier before landing ourselves in deep sea...

We are at present in contact with another broker in search for another finance option however, the possibility of notifying the builder/solicitor of a failed deal is quite high up on our priority scale and have been expecting the initial deposit of $22K to be long gone when/if the second broker comes bank null & all.

Having said that, let us share our side of story as a learning curve with all u guys: (as some of you guys have guessed it correctly)

Off the plan
Apartment accomodation (and never mentioned about student accomodation at sign off and only be told at a later stage)
Rental guarantee

RE agent never returns phone calls despite numerous attempts.

First broker: we reckon is working on high commission from only a few institutions and only being told that after the application has gone in that big 4 aren't doing the student accomodation IP loan from July 2010 and no one else will...... the rest you guys know from the beginning!

So we wanted to seek a 2nd attempt as a "responsible" buyers from another institution and if that fails then we have no choice but to nicely inform the vendor about our situation then let them keep the money..... hopefully nothing more.

We know that we are fighting a losing battle but at least we have given it a good try.

Pearl
 
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