Wafaa Said

    “Re the title search as per the safe harbour requirements the security for the member loan should be a registered mortgage over the property. I question if an arm’s length lender would allow a second mortgage as in your example for such an amount.”

    In the case where the mortgagor does not allow the second mortgage to be registered what would the implications be for the SMSF if any other than s109 and s67?

    Would the SMSF be required to sell the property to rectify the breach of the LRBA provisions since they cant get the second mortgage registered?


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