Read Nolo's Essential Guide to Buying Your First Home Online
Authors: Ilona Bray,Alayna Schroeder,Marcia Stewart
Tags: #Law, #Business & Economics, #House buying, #Property, #Real Estate
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Competitive investment return.
You can offer to pay an interest rate that’s higher than your lender could get on a comparable low-risk investment like a money-market account or certificate of deposit (CD). (And you’re still likely to pay less than you would to a bank.)
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Ongoing source of income.
Some investments just sit there and gain in value or pay occasional dividends. With your private loan, your lender will receive regular payments from you, which can be reinvested.
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A financially liquid asset.
Some investments, such as long-term CDs, are hard to cash out in an emergency. Don’t worry; we’re not saying your family lender can change his or her mind. But he or she can potentially sell your mortgage to someone else. (There is a secondary market for the purchase and sale of existing mortgages, or you may be able to refinance if your lender wants out.)
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Low risk.
Your parents or other private lender can count on two things: first, your commitment to repay the loan, somehow, someday, even if the original repayment schedule needs to be rejiggered; and second, that your house offers collateral. If worse comes to worst, you can sell it and repay the loan. (Or your lender can foreclose on you, though few would ever do that.)
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Emotional satisfaction.
Don’t underestimate the sense of achievement that your loved ones get by watching you gain a foothold in the world, with their help.
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How much money do you need?
If it’s $5,000 or $10,000 to help with the down payment, that will probably be a lot easier to come by than $50,000 or $100,000.
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How long do you need to borrow the money for?
Some private lenders may be fine with a ten- or 20-year repayment period (and for tax reasons, may actually prefer a longer term). But if your relative or friend wants the money completely repaid in a few years, make sure such an arrangement is financially feasible for you.
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Do you have any other options?
Is your credit so bad that no bank will approve the loan (or you’ll only qualify at really unfavorable terms)?
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Does a close relative or friend have the money to lend for the amount and term you need?
If your parents are well-off but are going to need money soon for retirement or to pay your brother’s college tuition, they may not be in a position to help.
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What are the personal costs to you?
If you risk hurt or jealous feelings of siblings, cousins, or others; a sense of perpetual debt or guilt; or similar hazards, the loan may not be worth it.
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What are the costs to set up a private loan?
Getting specialized help from an attorney and accountant to structure your private mortgage may run in the thousands. Consider companies like Virgin Money that can set up and manage the loan for much less or just go back to your conventional lender, especially if the private loan would be fairly small (say, less than $10,000).
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Does your family member or friend trust you?
Your lender wants assurance that you’ll eventually pay the money back, so not only love, but trust, will be key. If you have a history of credit problems and debts, you’ll need to show concrete evidence—to your lender and yourself—that you’ve learned how to responsibly handle debt.
• the amount you want to borrow, at what interest rate and repayment schedule (see below for advice)
• the amount of money you have available for the down payment (the higher it is, the lower the lender’s risk of loss)
• your financial ability to make monthly payments (even without setting rigid qualification rules, your lender will want to know)
• the financial protections you’ll offer the lender (a promissory note and mortgage, as described below), and
• the financial benefits to the lender (how your proposed interest rate compares to money-market and CD rates).
CD-ROMUse the “Private Loan Terms Worksheet” in the Homebuyer’s Toolkit on the CD-ROM to organize your presentation to a parent or other private leader.
TIPIs your family member reluctant to charge you that much?
Tell them they can always decide later to “forgive” you some or all of your payments, of not only interest but principal. For tax reasons, they should write you a letter referencing the loan and stating the amount they’re forgiving. They’ll also have to factor this decision into their gift tax obligations—forgiven loan payments are considered gifts. And it’s best not to structure the whole loan with the assumption you’ll never repay—the IRS sees this as a fraudulent way of avoiding gift tax, by stretching a one-time gift out over several years.
Check the AFR: Too-Low Interest May Cause Your Lender Tax ProblemsThe IRS sets a minimum rate for private loans, called the “Applicable Federal Rate” (AFR), each month. The exact percentage varies but is usually less than bank mortgage rates and higher than money-market account or CD rates. In late 2008, the AFR averaged a little less than 4.5% for long-term loans (those lasting longer than nine years). For the current rate, visit the “Tips & Tools” section of
www.virginmoneyus.com
, which updates the AFR monthly and explains how it applies to intrafamily loans. You can also search the IRS website at
www.irs.gov
for the latest AFR.What’s the big deal if your private lender charges you less than the AFR—or even no interest at all? No problem for you (who wouldn’t want a low interest rate?), but there may be tax ramifications for the lender. This is mainly an issue if you’re borrowing a substantial amount of money from a relative or friend, or receiving a loan on top of a gift that exceeded the $12,000 exclusion. If the interest rate doesn’t meet the AFR, the IRS will “impute” the interest to your lender—meaning it will act as though your lender really received the AFR-level interest on the loan. The question then becomes, where did the interest money go? Aha, reasons the IRS, your lender gave it right back to you, as a gift. Then the IRS can demand that the private lender file a gift tax return for any amount over the annual gift tax exclusion.Also, even if your private lender charges you less than the “imputed” interest rate, the IRS requires him or her to report interest income at the imputed rate. If the lender doesn’t and is audited, and the IRS discovers the omission (unlikely), the IRS will readjust his or her income using the imputed interest rate and charge the tax owed on the readjusted income plus a penalty. Theoretically, the IRS could zap the giver under both income and gift tax rules.