Trusts and investment property lending

Can a family trust get a home loan?

Quick Answer

Will lenders lend to a family trust?

Yes, most will, to a corporate trustee with personal guarantees, at normal LVRs for standard property

Most major banks and many non-banks lend to discretionary family trusts. The loan is made to the trustee, almost always a company, secured on the property the trust buys, and guaranteed personally by the directors of the trustee and often by adult beneficiaries. LVRs are the same as for personal borrowers on standard residential property, up to 80 per cent without LMI and 90 or 95 with it at some lenders. The extra work is in the documents: the trust deed, the trustee's company details and the guarantees.

  • Available Yes, most lenders
  • Trustee Corporate trustee strongly preferred
  • Guarantees Directors and usually adult beneficiaries
  • LVR Same as personal, up to 80% to 95%

What the lender needs

The stamped trust deed and any amendments, so the lender's solicitor can confirm the trustee has power to borrow and grant security. The trustee company's ASIC extract and constitution. Identification and financials for the directors and guarantors. The trust's own financials and tax returns if it has been operating, or a statement that it is newly established. Lenders will review the deed for unusual provisions, and a deed that limits borrowing or names a bank as appointor can cause delays.

Individual trustee vs corporate trustee

A trust with an individual trustee can borrow, but many lenders prefer or require a corporate trustee because it separates the trustee's liability from the individual and simplifies succession. Setting up a trustee company costs a few thousand dollars and is standard practice. If your trust has an individual trustee, expect fewer lender options and a request to change it.

Who guarantees

The directors of the trustee company guarantee the loan personally. Most lenders also require guarantees from adult beneficiaries who receive distributions counted in serviceability, and some require all adult beneficiaries named in the deed to guarantee, which can be a problem with wide family trusts. Guarantors need independent legal advice at most lenders. Minors are never guarantors.

Which lenders

The majors lend to trusts through their standard channels with some policy limits. Several non-banks are strong on trust lending and price it at their standard rates. A few lenders charge a trust loading or restrict trusts to lower LVRs, and some smaller lenders and mutuals do not lend to trusts at all. A specialist will steer you to the lenders whose trust process is smooth rather than the ones that technically accept trusts and take three months.

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Disclaimer: Property Finance Help Australia provides general information and referral support only. We are not a lender, broker or credit provider and do not provide personal credit advice. Property Finance Help is a lead generation service and not a lender, broker, or financial adviser. We do not provide loans or credit decisions. We connect users with third-party finance professionals who may assist with their enquiry. All information on this website is general in nature and does not take into account your personal objectives, financial situation, or needs. Before making any financial decisions, you should consider seeking independent professional advice. By submitting your details, you consent to being contacted by third-party providers.