Duplex build with daughter

Received a Number for Local Court hearing - guess The Local Court House will notify us to attend!

Received back via registered post our Letter of Demand which had been opened, wonder who opened our Letter of Demand for Fence payment then paid to send back to us?

Will wait till end of November to follow up progress of Deed Of Partition...



Regards
Sheryn
 
God love you Sheryn, i have been inspired by your duplex builds and am currently looking closely at doing something similar. I went through the same process with a neighbour over a fence, but only made it to the mediation session at court, he insisted i was rude in the way i approached him, i said sorry to him, accepted his cheque for $1200 and then installed the fence for $800 in total. You appear to have a very interesting neighbour, probably worth using the court date for the retaining wall issue also.
 
Brute

Planning on a 1 or 2

1 Pay us half cost of the fence which you agreed too


OR


2 Move your retaining wall onto your boundary.
I will use our lawyer for this if needed as daughter of next door neighbour verbally admitted to my hubby that her Father had removed surveyor peg. Verbal hearsay is not hard evidence.


We were happy to forgo moving retaining wall & associated structures if half cost of fence paid.

Creating wealth is problem solving!!!


Sheryn
 
Sent email to Solicitor for update on progress of Deed Of Partition which we signed for end of September, solicitor didn't reply so I waited about 10days and rang.

Ahh. I dug your file out when you sent the email and I have yet to organise as I have been away.

My response was I want Deed Of Partition done ASAP. ( I actually need it done before 19th December but I don't think that is going to happen now).


The way this is going, daughter will not be able to apply for FHOG as application has to be done within 12 months of moving into PPOR and PPOR has to be in her name only.



Sheryn
 
DOP still in progress - we have to get both units revalued for our lender so that we can progress.

We will have to pay $231 for each unit to be valued (most likely) by the same valuer who valued them before during and after the construction last year.

Hubby took the phone call so he reckons he will tell Valuer that is a bit stiff.

Anyway - I will be interested in his valuation of the strata's units. Previous valuation was 245K last year and REA price to sell was 325K - so there is a difference of 80K.

Land valuations

IP 1 729.3 sq metres is now at valued at 135K we paid 129K

IP 2 The land value for this block of land (duplex) was 85K in 2006 and is 740.2 sq metres. Can't wait to see new valuation. We paid 145K

IP 3 New project land is 728.9 sq metres and now valued at 139K - we purchased this block last year for 140K plus fees it was listed for 145K.

Addit
Funniest thing!
Our PPOR is 753.2 sq metres and is valued at 134K. I believe we live in a better subdivision & we have the largest land content - I wonder how they value land.


Cheers
Sheryn
 
Valuation of units both came in at 310K each side (conservative) or 620K to my way of thinking. There are no 3 bedroom double garage units on Realestate.com.au in our local area.

Last lot of recently built units approximately the same size sold for 320 & 325K

Aircondtioning has been installed in unit 2 at a cost of 5K, basix requirements of ceiling insulation & fans don't comfortably cool the unit.

Interestingly 2x2 units in our local area are creeping up in rent $110 - $120 per bedroom per week.

Rob Williams is possibly on to a good strategy buying 2 bedroom units.


Cheers
Sheryn
 
Consultant solicitor's secretary emailed me and asked for copy of Credit Unions valuations as it would be helpful with Stamp Duty!!! :eek:

Hope this was a typo as we are doing Deed of Partition so that we only pay transfer fees to correct ownership of units eg we own Unit 2 100% and daughter owns Unit 1 100% rather than we own 1/3 of each unit!

When land was purchased we paid for 50% of block and daughter paid other 50%.


Regards
Sheryn
 
In hindsight, how should this be done?

Hi Sheryn,

In hindsight, other than going it alone, do you see a way that a duplex build and split between two people can be most effectively in minimising stamp duty, mortgage fees and other issues? I am considering doing a duplex build with my mum on some land we are subdividing up (see separate thread) and would prefer learning from other's mistakes and experiences before I go and make different ones of my own. Mum thinks we should both hold both duplexes so we receive equal income, for example, if one stays unrented for a period of time, but I am concerned about being joint and severally liable with a joint mortgage and the limitations this with put on further borrowing. Ideally, it would be better to have separate loans, but there would be only one property to mortgage unless and until it is strata titled. I also think holding separate halves of the duplex will help avoid other "issues" down the track.

If we applied for separate loans with the same lender, assuming we each separately meet the lending criteria, would the lender accept the same property at security on both loans (e.g. as a first and second mortgage, but each with low 40% LVRs)? Does a loan have to be in the same names as the property that is being mortgaged? What other alternatives are there? Note that the land will probably be subdivided in unit trust structure, but the trust has other beneficiaries than just mum and me (also my brother and sisters). It would be good to avoid three lots of stamp duty (once going into trust, again when mum and I buy land off trust, and again when duplex is strata titled and we get half each). Sorry for having so many questions.
 
Hi Sheryn,

In hindsight, other than going it alone, do you see a way that a duplex build and split between two people can be most effectively in minimising stamp duty, mortgage fees and other issues? I am considering doing a duplex build with my mum on some land we are subdividing up (see separate thread) and would prefer learning from other's mistakes and experiences before I go and make different ones of my own. Mum thinks we should both hold both duplexes so we receive equal income, for example, if one stays unrented for a period of time, but I am concerned about being joint and severally liable with a joint mortgage and the limitations this with put on further borrowing. Ideally, it would be better to have separate loans, but there would be only one property to mortgage unless and until it is strata titled. I also think holding separate halves of the duplex will help avoid other "issues" down the track.

If we applied for separate loans with the same lender, assuming we each separately meet the lending criteria, would the lender accept the same property at security on both loans (e.g. as a first and second mortgage, but each with low 40% LVRs)? Does a loan have to be in the same names as the property that is being mortgaged? What other alternatives are there? Note that the land will probably be subdivided in unit trust structure, but the trust has other beneficiaries than just mum and me (also my brother and sisters). It would be good to avoid three lots of stamp duty (once going into trust, again when mum and I buy land off trust, and again when duplex is strata titled and we get half each). Sorry for having so many questions.


Brendio

Suggest talk to a Solicitor first - I think the fact that Surveyor could electroniclly lodge strata may have been my biggest mistake by not letting Solicitor lodge strata when land was originally brought 50% in daughter's name. Don't really know - friend has previously done a deed of partition when he built with his Brother in law years ago.

Spoke with Solictor's secretary last week - Deed has not been sent off as duplex valued at more than cost to build so now they think both parties (daughter and us) will have to pay stamp duty as well as transfer fee on duplex which about 35K X 2 lots. I don't know the % fee I will have to pay.

We still have to separate duplexes, so will continue on...


Sheryn
 
Update on Deed of Partition

Spent time over the weekend re-reading OSR information again re FHOG as time running out to apply first FHOG.

Solictor's secretary sent an email today saying all documentation at OSR for consideration!

Going to be a bit of a surprise package as it has taken so long to get paperwork to OSR...will we have to pay Stamp Duty or transfer fee?



BTW
I have instructed PM to put up rent $15 as we have put in aircondtioning & respond to requests promptly eg remote control roller door not working (lost memory when turned off by air conditioner installers, wasp nest behind pipe about 2 months after pest controllers had treated property. Hubby removed with a spray and ladder.



Regards
Sheryn
 
Deed of Partition finalised

The solicitor's secretary rang me yesterday with great news, deed of partition completed and our daughter's unit is registered in her name finally!

Our daughter rang last Saturday with the news that the house next door to our unit is for sale, this is the house who's owner has not paid her half share of side boundary fence after agreeing too.

We have put in a small claims request at the Local Court for fence costs so I will go down in person to court house next week to find out 'where claim process is at' as all I have is a number of the claim and that was put in last year in October or there abouts.

Hubby will post completed FHOG application for our daughter today by registered post.


Sheryn
 
Update & succesful conclusion

$7000 FHOG deposited in daughter's account on Monday.

Deed of Partition bill was $1519 all up ( $627 to our solicitor for professional fees & photocopying) rest of bill was lenders solicitor, registration fees x2, stamp duty on partition and title searches x 3) included GST of $131.

Total cost (approximate only) of units about 267 - 275K each + interest while building so 550K valued at 620K by valuer.

Onward to next project for daughter to refinance her loan to I/O offset account with a new LOC available for her first IP deposit.

I had my eye on a 1x1x1 duplex - both units I believe were for sale for 247K but they have been taken off internet so must have been sold. Actually took hubby past the units late yesterday as I had a plan for them to increase in size and wanted to check backyard.

Oh well - onwards looking for next possibility...


Kind Regards
Sheryn
 
Trying to refinance our duplex loan....

Started exploring possibilities after Deed of Partition was completed. The main problem was our serviceability as we did not meet Big4 requirements. Daughters serviceability was fine.

Anyway to cut a long story short, approval and paperwork did not come through from potential new lender before current lender contacted us to refinance the contract so I went with current lender.

The expected refinance contracts have still not arrived, many emails 'to & fro' the latest email today at 2pm from Senior Loans Officer said the contracts were in the mailout tray and would go in tomorrow's mail. Our current contract runs out tomorrow! One would guess usually monthly interest payment would be debited from our account at beginning of next month?

Anxety attack - not really we would have the money to pay our half of loan out if needed but daughter wouldn't.

Our MB tried hard to get approval in time to refinance our joint loan away from current lender and set up separate loan for daughter so she would be prepared for her first IP purchase said we had a 'window of opportunity until next RBA rate rise'.

Unfortunately approval did not come through in time...


Regards
Sheryn
 
Refinancing completed 2 days late

Signed contracts were returned to Lender on Friday and refinancing went though, daughter has an 30 years P&I with redraw (not ideal but) and we have a 5 year I/O and one annual fee of $380.

We probably will do something before 5 years is up eg. sell daughter's unit and build a PPOR house for her.

Aim is for daughter to have enough equity in her unit to purchase a block of land outright after sellling costs. High interest rates and slowing buyers market will work in our favour.



Regards
Sheryn
 
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