Parents looking to downsize? Buy their house with owner financing

Parents looking to downsize? Buy their house with owner financing

Smyrna, GA · Member since 2017 · 9 posts · 6 votes

Hello BP, I'm fairly new to the community.  I had some questions pertaining to owner/seller financing on your parents home.  All the other forums I found simply spoke to "why you shouldn't rent to your friends/family" so I felt the need to start a new topic.

My mother is living in a house that she owns free and clear, all of the kids have moved out, and she is looking to eventually downsize. Is it smart for us kids (either one or a group of us) to consider purchasing the house since it is paid off?  I remember listening to podcasts somewhere discussing the benefits of owner financing on both sides.  I have been researching buy and hold strategies and I think her home would be a good addition to my rental portfolio once she eventually vacates.  I tried to compile some of the benefits for each party, but I'm not sure what the downsides are when conducting this type of transaction with family.  Please feel free to weigh in on these, expand on them, or correct any of these if I'm missing any unforeseen consequences.

Pros for buyers (kids): keeping the home within the family, determine own financing terms, gives mom flexibility to downsize when she feels ready, no loan costs, keeps real estate agents away that are pushing her to sell before she's ready to earn a commission.  I also live out of state, so this could be a tax write-off for future travel when I fly back to check on the family/house.

Pros for the seller (mom): fast closing, more tax savings upon sale, gives her plenty of time to find next property on her own timeline, monthly passive income from the transaction could fund rent/living expenses at her next property.

Some scenarios I hope I won't have to deal with for many decades to come:

What happens if me, as the buyer, dies?  I've heard some buyers take out a life insurance policy up to the amount of the purchase price so if anything were to happen to the buyer, the seller (mom) would be the beneficiary of the policy ie: the full amount of the house.

What happens if mom passes away?  Who then is owed the monthly payments from the purchase?  Surely it isn't just wiped clean. Would I then make payments to her beneficiaries (which may be the surviving siblings)?

I hope this isn't too all over the place but I just wanted to get some thoughts out to the community on owner/seller financing on your parents owned home.

Thanks for reading, look forward to your input!

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  • Denver, CO · Member since 2017 · 265 posts · 234 votes
    9y

    @Randy Walters , your mom should be able to sell the house (primary residence for last 2 years or more) and $250k of gain is non-taxable. Unless that threshold is exceeded, I don't know what "tax savings" you're seeking. 

    If the kids are all heirs in her will, and otherwise going to inherit her house and any bank accounts, then it seems like those same heirs would inherit her promissory note upon her death. At that point, the owners of the home (kids) could record an instrument at the county clerk that says the mortgage is fulfilled in full, and the kids then all own the home  (free and clear from a mortgage).

    Be careful of: what type of ownership the kids take title to the property in. Could be an LLC, or could be Tennants in Common....but think ahead of what happens if one or more need to/want to liquidate. How do you vote? Who controls?

    One side issue, what if mom needs a nursing home.....I've read elsewhere that the Medicare folks are smart enough to ask: "does mom own a home or other assets that she should use to pay for her nursing home (and exhaust those funds) before Medicare pays more.....and they're smart enough  to ask "has she gifted her home to the kids in the last 5 years? So, look into that unintended consequence.

    Good luck; more folks smarter than me will no doubt contribute shortly.

  • Financial Advisor · Boynton Beach, FL · Member since 2015 · 834 posts · 798 votes
    9y

    To answer your questions...

    If you default for any reason, including death, the seller has recourse to foreclose and reclaim the property. The estate would have the same rights. You should thus buy life insurance to perform on the contract.

    If your Mom passes away, the installment sales contract is considered an asset of your Mom's estate. Its a note and it has value. I'm sure your siblings would expect those payments to continue.

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