Buying investment property in future tenant's name

Buying investment property in future tenant's name

Investor · Laurel, MD · Member since 2012 · 149 posts · 33 votes

First of all, let me say that I'm just starting out in this investment game, so some of my ideas may be a little "out there" - I'm just trying to be creative. :-)

A little background: my goal is to purchase my first rental property (most likely SFM) this year and I'm actively studying the market, as well as looking into various financing options. Now, coming up with 20% for a conventional mortgage is a little tough, so I'm focusing on relatively cheap stuff (I know there are other options, but for now I'm trying to evaluate how far I can get with conventional).

While talking to a friend, I had an "aha" moment - and please tell me if this is stupid/illegal. She (the friend) wants to find a new place to rent. I am looking for investment property to buy in the same area. Assuming I can get her onboard, is it possible to have her take out a conventional mortgage (say, a 3.5% FHA loan) fir a primary residence, buy the house that we agree on and live there as a tenant, while I cover all out-of-pocket expenses (downpayment, closing costs, etc.)? The monthly expenses (PITI) would be her responsibility, but we'd make sure to find a house where those payments would be less than what she'd pay if she were to rent. Ideally, I'd like for the deed to eventually be in my name. Is a complex transaction like this possible? What types of contracts/agreements would have to be signed by both sides?

Basically, I'm trying to create a win-win situation, where I can buy a house with little money down and have a trusted tenant, while my friend saves a little bit on the rent. Of course, I want to do this legally! Any advice greatly appreciated.

-Lenny

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Investor · Statewide, MO · Member since 2011 · 815 posts · 425 votes
13y

Nothing is wrong with trying to be as creative as possible, so don't take this the wrong way.
This thing would be a guaranteed train wreck.

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  • Investor · Statewide, MO · Member since 2011 · 815 posts · 425 votes
    13y

    Nothing is wrong with trying to be as creative as possible, so don't take this the wrong way.
    This thing would be a guaranteed train wreck.

  • Chicago, IL · Member since 2013 · 105 posts · 31 votes
    13y

    So let me get this straight. You want to pay for the downpayment and closing costs while your tenant takes out/pays for the mortgage but your name on the deed?

    I agree with Ed-- This will be a trainwreck. After a while your tenant is going to feel that she has more vested interest in this property and that it should belong to her. At the very least she is going to argue why she is part owner.

    So why are you hesitating on getting a mortgage in your name?

  • Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    13y

    Lenny, I have found my best bet was to go online, find the actual FHA, FNMA, Freddie Mac, Homepath, etc., loan guidelines, and read through them all until I had a basic understanding of the actual rules, not just what the lenders were telling me. Once you've plodded your way through them, you are much more likely to be able to find all the legally allowed creative solutions. Even if you figure one out, many lenders don't know and/or don't care about the exceptions, like being able to obtain a second FHA or rules for more than 4 mortgages, etc. They will just say, Sorry, not allowed, and if you don't do your own homework, you won't know it actually is allowed. (Finding a lender who will do it is a whole other problem.) You can look up FHA loan gifting guidelines and even guidelines for non-occupant co-signer as I don't think you meet gifting requirements. Also, letting someone else have their name on your investment is super-scary as they will be the ones determining when and if it's sold; if they die or marry before transferring it, their heirs or spouse could own part of your investment; income tax consequences or you paying grantor's or transfer taxes just to get it in your name, etc.

  • Investor · Laurel, MD · Member since 2012 · 149 posts · 33 votes
    13y

    Thanks a for all the replies, a lot of good points and things I hadn't thought about. I suspected it could get messy, which is why I thought I'd float the idea here first.

    Dyna, reason I'd want the mortgage in friend's name is because she could qualify for FHA with 3.5% down, whereas I would have to put 20% as an investor.

    Lynn, thanks for the tip, I will definitely read the loan guidelines.

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