Hi Marc Faulkner,
The big question--about how much equity the borrower has--I'm happy to answer here. (Other particulars may be better for PM?) It's an interesting one in this case. The borrower's wife had owned the home as an investment property--purchasing it for $515K in 2004. Not sure how much she put down on the house when she bought it, but in any event, by December 2009, the remaining loan amount was $420K and the appraised value of the home was between $540K (comp approach) and $550K (income approach).
When the couple separated in '07, a tenant had just moved out of one of the properties. They agreed that the best way to do the separation would be for him to move into the newly vacated rental property and pay her a market rent. Which he faithfully did (and subletting the downstairs apartment helped him to pay that rent).
He was transitioning from stay-at-home parent to freelance business owner (photographer), and he set up his photography studio in the home. Their 8-year-old daughter was able to go back and forth easily between the two houses. Things went along all right that way for two years, but then the two became involved in a custody battle. She asked him to move out and began making plans to sell the house. He knew I loved his daughter and cared very much for their family--and so he asked me if I'd consider the loan arrangement (allowing him to purchase the house from his ex-wife), so that he could continue to grow his photography business and be a fully involved father.
He had applied with different lenders for a mortgage and been turned down. 2009 was a particularly difficult time for getting a mortgage of course--and for a stay-at-home parent who was building a freelance business and income, it was impossible.
I'm a mom of four (which is where some of the emotion came in), I had the means to do it (though of course it represented a sacrifice), the appraisal gave me confidence in the home itself, and his perfect track record of paying $2200/month rent to his ex-wife gave me further confidence. The tenant downstairs was paying $1K a month and wanted to stay there long-term, so that helped also. (And I was advised by a couple of realtors that that downstairs apartment would likely always be easy to rent to a professional single person wanting proximity to the metro.)
At the time of maturity, he said, since the daughter would be 18, he would plan to sell the house, pay off the loan, and move. He's not particularly attached to the house as far as I can see--it is a way to keep his business going while also keeping things stable for his daughter.
The house is in good condition--I was last there a year ago. It's one of those small 1950s ramblers (3BR and also the studio apartment downstairs) that sits on a surprisingly large lot. It's an appealing site, backs to woods and parkland, is adjacent to a major area bike trail, and is walkable to the downtown area of Falls Church.
I am thinking all of this over. Once I have a better handle on whether I'm screwed by a poorly set-up note, I'll figure out how I want to proceed. Despite the borrower's strange reaction to my credit check request (and desire to fill me in on his dramas every month), we HAVE had a generally friendly, upbeat sort of relationship.
Hope that brings a little more clarity and context to this unusual situation.
Thanks so much,
Maureen