Nolo's Essential Guide to Buying Your First Home (33 page)

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Authors: Ilona Bray,Alayna Schroeder,Marcia Stewart

Tags: #Law, #Business & Economics, #House buying, #Property, #Real Estate

BOOK: Nolo's Essential Guide to Buying Your First Home
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Benefits of Intrafamily Loans to the Lender
 
Here are a few ways that making a private loan can also benefit your family members or friends:

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.)

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.

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.)

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.)

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.
 
 
Borrow from Mom and Dad.
When Amy decided to buy a 1904 farmhouse in Northampton, Massachusetts, she assumed she’d get her mortgage from a bank. Then, her mother made her an offer she couldn’t refuse: Borrow $180,000 from Mom and Dad, at a competitive 5.75% interest rate. Her mother notes, “I figured, ‘Why is my daughter paying the bank when she could be paying me?’” In addition to helping their daughter, Amy’s parents earn a decent yield on a low-risk investment, not easy in these days of low interest rates. “It’s a little bit scary borrowing from your parents, but this is an official thing,” says Amy. And her mother jokes, “The mortgage was actually $173,000, but she wanted a little extra for shoes.”
Will Private Financing Work for You?
 
Still feeling hesitant? The following questions will help you decide whether private financing will work for part or all of your home financing:

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.

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.

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)?

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.

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.

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).

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.
 
How to Approach Mom, Dad, or Another Private Lender
 
Even people who are convinced that private loans are a win-win proposition may blanch at the thought of asking for one. But if you approach it like a business proposition, it’s not so hard. You’re offering a loan at a fair rate of interest, secured by a promissory note and a mortgage.
To present it this way, of course, you’ll need to find the appropriate time and place. Never surprise a potential lender by blurting out a request at a social event or informal occasion, such as on the way back from shopping. Make an appointment, even if you see your parents (or brother or old roommate) regularly and the formality seems odd. Give them a general idea of what you want to talk about, but save the details. For example, you might say, “As you know, I’m actively house hunting now and lookng for various ways to finance this. Rather than go into all the details now, I’d like to sit down and talk with you about this.” If you sense resistance, back off gracefully.
If you get a positive response, schedule a specific time to meet. Be prepared to discuss your proposition logically and honestly. Ideally, you will have done a lot of homework trying to arrange a loan from a traditional lender, so you’ll have all the numbers at your fingertips. Bring along photocopies of all relevant documents, such as the financial materials you pulled together for your bank or other lender.
Prepare a separate one-page list of key terms and issues you want to discuss with a relative or friend, including:
• 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).
 
When you meet, give the potential lender ample time to ask questions, and don’t expect a decision on the spot.
The Loan Amount and House Purchase Price
 
How much you’ll ask for depends on how much you expect to pay for your house and how much you think your parents or other private lender can spare. Your intrafamily loan will most likely be a second mortgage, to supplement financing from a bank or other traditional lender. The terms “first” and “second” literally refer to who gets paid first if there’s a foreclosure. Your bank or institutional lender will no doubt insist on being the first in line, regardless of the size of its loan.
Your house purchase price won’t be exact unless you’ve already made an offer and had it accepted. If you’re still looking, be prepared to show the potential lender a close estimate, based on the price range you’re looking in. If your private lender wants to make sure the house you find will be worth what you plan to pay, offer to get it appraised prior to purchase (if you’re not already doing that for an institutional lender).
The Interest Rate You Propose to Pay
 
For a private loan, the interest rate you and your lender pick can in theory be anything between 0% and the limit set by usury law in your state. But for practical as well as tax reasons, it’s best, according to adviser Asheesh Advani, to charge a rate that’s higher than the Applicable Federal Rate (or AFR; more on that below) but lower than what you’d pay to an institutional lender. Propose paying a little less than half the difference between these two. For example, if fixed rate mortgages cost 6% and the AFR is at 4%, you might propose paying 5% interest. (In this example, banks would probably be paying around 3% on CDs, but that figure becomes irrelevant given the minimum 4% AFR.)
Websites such as
www.compareinterestrates.com
,
www.bankrate.com
, and
www.hsh.com
will give you a sense of current interest rates. By the way, although the AFR and interest rates change month by month, your loan doesn’t have to follow suit—it’s fine to stick with the rate you settle on in the month you sign the loan.
 
CD-ROM
 
Use 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.
 
 
TIP
 
Is 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 Problems
 
The 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.

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