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49 Comments on A Babyboomer Trap: Family "Arrangements" Can Destroy Your Ability to Qualify for a Mortgage
Wow, Lisa, those are some important questions. The answers are muddy, and I am not qualified to answer.
I suppose Bethany and Rob could still say this is their second home and that would be the truth. It isn't against the law for someone else to make your payment, right?
Making an application for a mortgage, and claiming income that you are not claiming on your tax return would not trigger an audit in my opinion. If someone else knows the answer to this question, I would welcome a second opinion.
As to why the family was not more prepared for Milton's situation...well that is at the heart of the problem, right? I am guessing they assumed Milton's wife would outlive him.
Deborah: At a minimum, Bethany should have been paid on a regular basis with checks from her father's account and claimed this on her tax return. This would have given 2 forms of proof that this was ongoing, legitamite income as a caretaker. She did neither of these things.
There should have been a rental agreement between Bethany and Rob and Milton. Milton should have paid rent to Bethany. Instead, a different sum of money was taken out every month to cover the payment and household expenses.
The lender wants PROOF of ongoing income.
PS Can I get signed up for Santa Cruz properties again at my new e-mail address? I loved those reports from you I used to get when I was at my old company.
As the old saying goes - "no good deed goes unpunished".
It is sad that our system is set up for our parents and grandparents to end up in nursing homes instead of being cared for by family. We recently discovered that by putting Grandpa's check into Dad's bank account and paying his bills from it meant that he co-owned Dad's account! It is always good to talk to the financial planners when making decisions regarding our elderly ones!
Hi Janet! Of course! Sorry, I did not greet you properly. I get so upset at some of these things! Happy New Year at your new company.
Lisa T: Guilty as charged. I did make the lender sound like the bad guy in this post. They are not.
You are correct to say that a lender must abide by a set of guidelines that require documeted income from tax returns. It is not the lender's fault that Rob and Bethany chose to take this income with reporting it, and not to formalize their arrangement with Milton regarding him renting the house.
I think this situation, however, is an easy one to fall into. When they began, they probably figured it would be a short term thing, and were simply figuring things out as they went.
That is why I call it a TRAP. You are unaware until you fall in.
Deborah: and Happy New Year to you. I hope to meet you this year...I miss Santa Cruz so much!
This is likely a scenario that is affecting thousands of people in various ways. It is a fact of our society these days.
Bob and Carolin: You are correct! I have watched so many of my friends have their lives turned upside down and inside out as a result of this situation. I wonder why we as a society don't give this more attention.
Teresa: Wow! I did not know that. Maybe we need elder advisors instead of financial planners.
I am thinking of so many ways that we are blocked from being able to help the older folks. Example: the reluctance of cities to allow granny flats and guest houses.
We should be encouraging this, not making it impossible.
Janet: This is a very interesting story. It is a shame that this can happen. Of course it is the way things are. Something people need to keep in mind.
This is unfortunately too true a story suffered by many people in this day and age who do not understand the mortgage world.
Very informative, thank you Janet. People say a good attorney is worth the money, the same can also be said about having not just finding a good loan officer, but having a relationship with one so one can be proactive to prevent situations like this from occuring.
Good relationships are essential.
Janet, this is great information. It is a reminder to seek professional advice before making such decisions. I just don't understand the way lenders think. I agree with Bryant that they have zero common sense!
Wow, this is good stuff. For me I'm caught in the can't refinance because we always went stated. Now my neighbors who we own our lake house with want to sell, we could buy them out but I can't get a loan to do so. We're thinking maybe a land contract with them. What do you think?
Janet this was terrific information to share. It is always wise to see the advice of a lawyer and accountant when considering any type of relationship affecting real property and finance.
Wow! Very good post. Alot of us need this kind of info, no question. My parents are in their late 80's and could end up moving in with my youngest sister. Will check ahead and see how any income/payments to her could impact both her and my parents. Thanks.
Thank you for sharing this insight. There are so many changes and restrictions in our lending institutions and programs it is great to get updates like this.
Janet, Thank you for this blog. I am 26 and my parents live with me at the moment due to the financial reasons. They don't plan on it as forever thing but they are in there 60's and don't have much savings and they thought might be since I am in real estate to invest in a 2nd home, townhome or condo for them in the future. This helps a lot to know what I need to do when the time comes.
Janet - there are so many variations on this theme, where major life decisions being made end up "interfering" with lending criteria/guidelines. This exact situation - multiple generations living together - is one of the points our County is considering with its land use plans to meet housing needs.
Wow, what a unique topic. It is so easy to fall into the rhythm of taking care of the ones you love without thinking of the legal or financial ramifications. One more example of why this kind of family planning is a necessity.