Loaning Money To A Friend For Down Payment

Loaning Money To A Friend For Down Payment

Homeowner · CA · Member since 2014 · 125 posts · 33 votes

A good friend and colleague owner occupies a three bedroom condo that he does not like. He feels it is too big, not walk-able to destination activities (restaurants, movies, parks, grocery stores, etc). It does not have the social environment he wants and he has become unhappy living there. Because of this, he has been looking for another home. 

Today, he called and told me he found a place he really liked. He explained that he needs to sell his place to get the proceeds needed to buy this other property (which is a one bedroom condo) located in a condo community he is familiar with and wants to live. My friend has a nice steady and reliable income, will most likely sell his condo quickly with enough proceeds to purchase the property he wants with a nice sum of cash to bank. 

Since I took answered his call while having dinner with friends, I suggested we discuss this tomorrow when my full attention can be focused on his important decision.

Your input and suggestions please since this is the first time I have loaned money to a friend. 

I have the ability to help my friend and I want to help. He has the capacity to pay me back with the proceeds from the sale of his property. My roth IRA can be used for 50% of the down payment. If the other half of the down payment comes from my personal funds, a big tax hit would eat a large part of the interest made because my ordinary income is hit hard with taxes. What are some other ways to be compensated that can avoid taxes?

How to decide on what interest to charge a friend? 

I'll be listening what he has in mind and will share with him the things listed below that need to be done as part of my condition to make a loan.

1. Identify a SD IRA custodian and set up an account.

2. Get everything in writing.

3. Use his condo as collateral. 

4. Fill out promissory note and trust deed that will be recorded with the title company.

5. Fees: request he pay for all fees (i.e. setting up SD ira, drawing up documents, recording, etc) I will do the work to find the SD IRA custodian, title company, and other professionals that is necessary to structure the loan legally and works for both of us.

If you have done something like this, how did you handle the situation. Your input would be appreciated. Please feel free to PM me if you think it more appropriate  :-)

Thank you!

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Real Estate Investor · Springfield, MO · Member since 2017 · 1k+ posts · 2k+ votes
7y

Bridge loan is a much better idea and barely any difference in cost.  He can use the collateral in the condo as the down payment on the new loan secured by both properties.  He will have to get a loan appraisal and title insurance on his current home as well as the new home, but beyond that, nothing significant.  If the refinance is done within 6 months, the appraisal for the new home often can still be used when he sells the condo and puts the new home under permanent financing.  The higher interest rate for a bride loan (+ 1-2% over conventional) is almost not worth talking about: it's only going to be for a few months.  Chump change.

I get it that you want to help, but if something goes wrong are you prepared to foreclose on your friend?  Before you say, "That will NEVER happen!" realize that's what everyone says right before it DOES happen.  Relationships ruined by money are everywhere.  I'm not saying your friend is a crook or untrustworthy.  I am saying "life happens!" Job loss for nothing his fault: downsizing, corporate takeover, illness, family issues, etc.  If you're not mentally and emotionally prepared to handle every potential outcome according to professional business practices, then you have no business lending to someone.

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  • Brie SchmidtBusiness Member
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    Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
    7y
    Originally posted by @Patty C.:

    A good friend and colleague owner occupies a three bedroom condo that he does not like. He feels it is too big, not walk-able to destination activities (restaurants, movies, parks, grocery stores, etc). It does not have the social environment he wants and he has become unhappy living there. Because of this, he has been looking for another home. 

    Today, he called and told me he found a place he really liked. He explained that he needs to sell his place to get the proceeds needed to buy this other property (which is a one bedroom condo) located in a condo community he is familiar with and wants to live. My friend has a nice steady and reliable income, will most likely sell his condo quickly with enough proceeds to purchase the property he wants with a nice sum of cash to bank. 

    Since I took answered his call while having dinner with friends, I suggested we discuss this tomorrow when my full attention can be focused on his important decision.

    Your input and suggestions please since this is the first time I have loaned money to a friend. 

    I have the ability to help my friend and I want to help. He has the capacity to pay me back with the proceeds from the sale of his property. My roth IRA can be used for 50% of the down payment. If the other half of the down payment comes from my personal funds, a big tax hit would eat a large part of the interest made because my ordinary income is hit hard with taxes. What are some other ways to be compensated that can avoid taxes?

    How to decide on what interest to charge a friend? 

    I'll be listening what he has in mind and will share with him the things listed below that need to be done as part of my condition to make a loan.

    1. Identify a SD IRA custodian and set up an account.

    2. Get everything in writing.

    3. Use his condo as collateral. 

    4. Fill out promissory note and trust deed that will be recorded with the title company.

    5. Fees: request he pay for all fees (i.e. setting up SD ira, drawing up documents, recording, etc) I will do the work to find the SD IRA custodian, title company, and other professionals that is necessary to structure the loan legally and works for both of us.

    If you have done something like this, how did you handle the situation. Your input would be appreciated. Please feel free to PM me if you think it more appropriate  :-)

    Thank you!

    Before you even get that far, he needs to check with the lender to see if it is even allowed.  It would be considered a "gift" and there are IRS rules and lending rules that limit the amount given.  Currently the IRS limits gifts to $15k before you are taxed.  Additionally, most lenders require a certain percent of the down payment to be from your own funds, which this would not be

    His best bet is to offer with it being contingent on the sale of his existing place and close the same day

  • Real Estate Agent · MA · Member since 2018 · 167 posts · 57 votes
    7y

    @Brie Schmidt is correct about the IRS gift and down payment required from lenders. It sounds like a lot of work for you and he is just looking for an easier transaction. He could always apply for a bridge loan which would have higher interest rates, that would allow him to carry both while he closes. Or just do it like most home transactions and just close both properties on the same day.

  • Real Estate Investor · Springfield, MO · Member since 2017 · 1k+ posts · 2k+ votes
    7y

    Bridge loan is a much better idea and barely any difference in cost.  He can use the collateral in the condo as the down payment on the new loan secured by both properties.  He will have to get a loan appraisal and title insurance on his current home as well as the new home, but beyond that, nothing significant.  If the refinance is done within 6 months, the appraisal for the new home often can still be used when he sells the condo and puts the new home under permanent financing.  The higher interest rate for a bride loan (+ 1-2% over conventional) is almost not worth talking about: it's only going to be for a few months.  Chump change.

    I get it that you want to help, but if something goes wrong are you prepared to foreclose on your friend?  Before you say, "That will NEVER happen!" realize that's what everyone says right before it DOES happen.  Relationships ruined by money are everywhere.  I'm not saying your friend is a crook or untrustworthy.  I am saying "life happens!" Job loss for nothing his fault: downsizing, corporate takeover, illness, family issues, etc.  If you're not mentally and emotionally prepared to handle every potential outcome according to professional business practices, then you have no business lending to someone.

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    7y

    Yep, your mtg would need to be on the condo he is selling and he’ll have to disclose it to his lender. 

    No gift issues here just additional debt for him. 

  • Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
    7y

    Bridge Loan from bank. I cannot express enough how bad of an idea it is to lend friends money. And, I'm not really comfortable with the title of friend/colleague. Which one is he? 

  • Real Estate Investor · Saint Paul, MN · Member since 2017 · 543 posts · 474 votes
    7y

    @Brie Schmidt Not exactly correct. The annual gift tax exclusion is $15,000, which means if you gift someone more than than in a year you have to file a gift tax return. But you don’t pay any taxes until you exceed the lifetime limit of $11.4 million.

  • Homeowner · CA · Member since 2014 · 125 posts · 33 votes
    7y

    Thank you for all your input. 

    Today, my friend and I met with a few seasoned lenders we did business with and knows us. My friend will be contributing a good down payment and my SD IRA will contribute the rest (as a loan). There will be a promissory note along with a trust deed on his current property. My SD IRA will be paid off from the proceeds of his current property when it sells.

    I'm in the process of researching self-directed custodians, title and trust deed companies, to see which companies to use. We're are asking many questions to appropriate professionals who can help guide us in putting this together very thoughtfully and carefully. If we don't get it together in time for this property that he wants, there be other opportunities. But we're excited that we are learning how to do it. There are many moving pieces that aren't even mentioned here, but we are doing our due diligence.

    (I don't believe there would be a "gift" tax because a loan is not a gift. Thank you for the heads up, I will discuss this with my CPA.

     There is an annual gift tax amount -- I believe currently $15, 000 --- and a lifetime exemption -- I believe $11.4M in 2019 -- so even if it were a gift rather than a loan, my total "gifts" to friends, family, etc, so far is not even close. It would be nice to have that kind of money though, huh? :-). There's probably some kind of document to report large gifts that a CPA would know about.

    We are both familiar with the real estate market we live in, upfront on the business side of the house, and working diligently in getting good numbers and having them checked by professionals who will be working with us on the transaction. We have discussed  plan A (all's good), plan B (when things don't go as planned), and checking in with each other so we understand the consequences of the "bad" side as well as the "good." 

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