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Originally Posted by nickerjones
dont mean to derail your thread as i have a similar situation i have a ? about. My wife and i bought a house new in a gated community in Branson 2 yrs ago. The guy who built them and owns the edition is the same guy. We talked him into buying the house back with us losing like 10k from what we paid. Its ok since we put 30% down on the house. Well he was supposed to buy it back in Oct. He couldnt get financing , which i found weird. Anyway so he paid rent until this month and it came off the sale price.. he has put 13,000 or so in it, but still cant get financing. I got pissed and told him he is going to lose his money if he cant come through and i would just rent it out til we found a buyer.
He got aggressive real fast and said he cant get financing but he has enough to pay off what we owe on the house, but he would have to make payments on the other 40k for a year at 6% interest and he would make the final ballon payment no later than 1 year. Im not sure how this would work. I mean , does this mean i would keep the deed or w/e until he pays it? He keeps saying he will give us the 150k and we will close the house and he will make the rest of the payments.... Doesnt that mean he would then have ownership of the house ? That kinda sounds like it would open me up to getting screwed out of the 40K...... Anyone ever had any experience like this?
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You'll forgive me as I have not dealt with many gated communities in my lending background as it is primarily based in agricultural and rural Alberta, so I am not sure about the how their ownership specifically works, however I will try and provide an example using some of the numbers you provided that you might be able to use in your situation if it was just a standard house you were selling.
Let's say you are going to sell him your house for 190K.
First off I think what he is suggesting means is that he will have title on the property, however you would have a private 40K interest only loan secured against the property by way of a private Mortgage.
Let me say that 6% is a
steal for a private Mortgage and there's no way you should be that generous. I have seen them range anywhere from 6% to 16% depending on the risk involved.
The fact that he "has" 150K ready to pay you and then can't find financing elsewhere for the 40k is extremely curious to me. I can't think of a lender that wouldn't be all over lending 40k on a purchase price of 190k. 40/190 = 21% lending value.
It's possible that this gentleman has poor credit and would not be approvable through CMHC for 95% financing. However, that doesn't mean a bank wouldn't do 80% by way of a conventional Mortgage.
190,000 x 80% = 152,000 - 1st Mortgage
The other approximately 40,000 you will finance to the buyer as a 2nd Mortgage on title.
He will get ownership of the title and you will fall behind the first lender. The idea is that after a year the property value would have increased to say $237,500 in this case where he can refinance 80% again through a bank for $190,000 and pay you out.
Now I don't know if that is what he is suggesting, it's just something that does come up in some situations and I thought it could be some information you could use.