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Buying a Home With Loans from Family and Friends

By
Real Estate Agent with Meridian Capital Real Estate BRE# 01435250

Seeking a home loan from a friend or family member can be challenging, even when you're close. The financial stakes are significant, and chances are you interact frequently, adding pressure to the dynamic. Rejection could strain your relationship. However, presenting a case that demonstrates mutual benefit can lead to a positive outcome.

Approaching the Loan Request

Thomas Fox, Cambridge Credit Counseling's community outreach director, advises treating a private home loan request with the same seriousness as a bank mortgage. Before broaching the topic with a relative or friend, prepare a thorough plan or proposal.

"Borrowers must realistically assess their repayment capacity and avoid overborrowing. Treat it as any other loan and be practical," says Fox.

It's essential to establish a formal agreement for the loan, even if it's with family members, as missed payments could lead to legal repercussions.

Similarities between Private and Traditional Loans

Private home loans, also known as intrafamily mortgages, resemble bank loans in many ways. Both parties sign a promissory note detailing the terms, including the borrowed amount, interest rate, and payment schedule. Additionally, a deed of trust grants the lender the right to foreclose if the borrower defaults, securing the lender's lien on the property.

This structure safeguards borrowers, preventing arbitrary payment demands or foreclosure due to personal reasons from the lender.

Benefits for Borrowers

Negotiating interest rates with a private lender can result in more favorable terms compared to institutional loans. Borrowers can also propose manageable payment schedules. However, it's crucial to honor the agreed-upon terms to maintain trust.

Federal tax deductions applicable to traditional loans also apply to private home loans.

Benefits for Lenders

Despite potentially lower interest rates, lenders still stand to gain more from private home loans than other investments. The promissory note provides assurance of consistent income based on the agreed terms.

Addressing Missed Payments

Unexpected circumstances, such as job loss or unforeseen medical expenses, may lead to missed payments. It's essential to communicate openly with the lender to explore modification options, such as adjusting payments or extending the loan term. Ignoring communication from the lender could exacerbate the situation.