Good evening, I'll cut right to the point. I am trying to obtain a mortgage for a 3-family investment property. I do not have enough capital to cover the 25% down, but am grateful my father has offered to cover the additional funds needed. However, the property is already UAG, (my father will purchase if I fail to obtain financing) so I do not have enough time for the gift funds to be seasoned in my bank acc. I am wondering if its possible for my father to obtain a mortgage without a due-on-sale clause, and then quit-claim the title into my name. He would carry the mortgage and ultimately I would pay him the PITI. I understand it is rare for banks to offer loans without these clauses. If this is the case, is it still possible to transfer title (legally and ethically speaking) into my name since I am his son. I've done a bit of research and from what I understand this is allowed because I am his child.
Any feedback provided is much appreciated on my behalf. Thank you. Also, I am not 100% certain if this is the right topic for this post. My apologies to the moderators if so.
Best advice if you are worried: create an operating agreement between you and your dad that specifies who does what, and how the money gets handled/divided. Your dad gets the mortgage, and you both go on title. Your bank should be happy with that, if not, find one that is. You could always do it as a true joint venture, where your dad and you are on both the mortgage and deed together. Either way, you need an operating agreement. Did I mention the need for an operating agreement?
If you are going to OO the property, consider an FHA mortgage, where the gift is smaller, and doesn't need seasoning. FWIW, your banker should be giving you options as to what they can do to help.
Hope that helps.
Jim, thank you for your advice. Unfortunately I can't go FHA b/c I already have an OO 2 family w/ that specific loan program. This would have to be a conventional loan. The issue here is...my dad does not want to be associated with any income generated from the property ( he can't b/c it will negatively effect his tax return). Is there a partnership agreement that allows something of this sort? Maybe an LP or such? At first I was thinking LLC but then doesn't he have to claim half the annual income?
Thanks in advance
The partnership agreement can specify any form of compensation or not. So your dad could sign on the note, and receive no income or any compensation from the property. As a sole proprietor, he could have all the liability and none of the rewards. Don't you love how some folks make business decisions? ;)
The partnership agreement could be between LLC's such that his LLC receives no compensation because it only has 0.01% of the outstanding ownership, and yours has 99.99%. Additionally it could be constructed such that his contains all the losses, and yours all the profits.
Best to run possible scenarios by your accountant and attorney to make sure they work for Uncle Sam as well as you and your dad. I'd involve them in the conversation sooner rather than later.
If you're doing a conventional loan, I don't think you're going to have any luck getting a lender to drop the due on sale clause. The whole trick with conventional loans is that they have to follow fannie mae or freddie mac guidelines so they can be sold if desired.
Now if you weren't doing a conventional loan and just went to a local bank that would do it as a portfolio loan, they would be much more likely to waive the seasoning of the funds - especially if you could get your dad to co-sign on the loan.
That would be the best way to do it. Have your dad co-sign on the loan. Then you basically get a boost to being able to get the loan in your name. And your father avoids having any income tied to his stuff.
Unfortunately, if you go with conventional, even with a co-signer I don't think they'll allow you to qualify without that money being seasoned.
I do think there's a red flag there with what you're proposing. If your dad gets the loan in his name and then quit claims the house over to you, that quite possibly would be considered a taxable event.
I do not believe your statement that parents can give their kids stuff with no tax hit. Maybe there is some limit but I would guess that limit is not high enough to have someone give their kid a building/house and not be taxed.
You may be able to make the argument that if you're taking over the loan then the gift is not the value of the house but the value of the equity. And that you can probably play around with to show a lot less.
But if he keeps the loan in his name and quit claims the property to you, I believe that will be taxable as a gift of the entire value of the house and you'd be hit with considerable taxes there. In that scenario, you'd be getting the house and he'd be getting stuck with the loan.
And that brings up another issue with that. If he has the loan but you are on title, I don't know how that affects who can write off what. Can he write off mortg interest? I don't think you could unless you did some sort of wrap mortgage with him.
There are a ton of scenarios here.
My suggestion would be to go to a local bank and have them do a portfolio loan on the residential side of the bank. i.e. they'll keep the loan in house so they won't necessarily have to follow all the fannie/freddie guidelines - which means they'll let you use your dad's money without being seasoned.
And then to help you qualify for the loan, have your dad co-sign. Then you get the loan in your name. The bank has two people to go after and one very good one (your dad). And everything is pointing to the right person in terms of taxes and the like - i.e. you.
Wow, really great info here. I can't thank you guys enough. Thank you for taking the time to follow up.
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