Lesson Learn't

G'day All,

Just thought I'd pass on a recent experience regarding a property settlement.

I learn't a very important lesson regarding communication. The lesson being, never assume the invoved parties know exactly what's requiered and are working on the same sheet of music, even if you passed information over the phone.

My problem involved releasing a property for sale from a cross-colaterallised loan.

After lengthy discussions with the bank an agreement was made on how much of the proceeds from the sale of a property was to be placed back into the current loan to allow the subject property to be released from the loan. This was passed on to the solicitor and the account number for the remainder of the funds to be deposited into.

At settlement the bank says they didn't know what to do with the extra money so they paid the lot into the loan.
The solicitor says he only glimpsed the handover of funds at settlement and thought the bank would know what to do with the remaining funds. Funny! I thought it was his job to protect our interests??

The result is that after hours of phone calls it will be reverseable, but will take time. Time for which we don't have access to that money. Lucky we didn't have a tight schedule for it's use.

The answer to overcome this sort of pain in the a*&#.

Back everything up in writing!
Double check everthing with all parties concerned in transactions!
Don't give too much credit to people who you think should know what they are doing!

Everyone makes mistakes but I think this process has all been a bit lackadaisical (lazy and careless) and I'll have to take some of the blame.

Hope this helps someone avoid problems similar to this. It has to be worth the effort to do all you can to

make sure everyone has clear guidance and instructions

Arhh... thats better!!! :cool:

Rick
 
G'day Rob

Yeah, I was waiting for that one.

At the time this seemed like a good idea. It involved undoing a couple of fixed loans and the sums certainly made the whole thing worthwhile from that perspective even with break costs.

However, the loss of flexibility on each individual property (although the rest are buy and holds) as well as the danger of having the whole lot collapse if cicumstances turn bad probably outweigh the dollar advantages.

If only I would have discovered this forum before I set up the whole thing I would have been aware of the potential problems.

I'll definately will be keeping all future dealings independant of each other although I have made sure there is enough fat to cover all but the most catastrophic events for the current loan.

Rick
 
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