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    Bad Credit History

    Earlier this year my sister and her husband lost their home to a sheriff's sale on back taxes. My sister, showing her usual bad judgement had hidden the notices from her husband resulting in their $100K home being sold for a little over $9K. My mother, brother and myself stepped up and were able to negotiate with the buyer and for $12K they agreed back out of the sale (They thought there was a sizeable lien on the home which there wasn't.) We then entered into a legal agreement with my sister and her husband where we, as lenders would "own" their home for one year while they paid us a monthly payment after which, at the end of the year they would be required to pay us in full at which time we would enter a "quit claim" and return the house to them. If they fail to pay us back on time, they would be considered in default and they would forfeit their house to us.

    To add more "drama", they had attempted to file for bankruptcy thinking that it would save their home. Although they never completed it, their credit reports are showing they filed (from what I am told) and they have been unable to secure a loan to pay us back because of this. Now they have been able to secure some letter or form that states they did not complete the bankruptcy. But my mother is beside herself that they will not be able to secure a loan at all since the home is not listed in their name.

    Does anyone have any ideas how they can secure a loan? We arn't too keen on having to actually evict my sister from her home -- although we realize that it was poor judgement on their part that got them into this mess.

    #2
    Your sister won't have any problems at all obtaining a loan when it's time for her to purchase the house back from you because of the hugh amount of equity. Lender's love loans with a 12% Loan to Value because they're so low risk. There are all kinds of non-conforming loans she can choose from (I'm assuming the property appraises for $100K and she's going to pay you 12K).
    Raymond
    [email protected]

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      #3
      Lease option should work too. Giving them credit for all funds (- interest) paid through out the year and first right to purchase at a pre agreed price. Banks understand lease options too. Also be careful about any tax concern check with a good Tax lawyer because helping your sister could create a tax libility.
      Interest on any loan even with or without a 1099 is income to the person who receives it. The IRS has other rules about loaning money and not charging interest you should check this out too. The base of the house could change to the purchase price and this would create a huge captial gain if sold later. Oh and last thing is put everything in writing I worked on my fathers house for a year (free labor) and as agreed i was to own part of the house. Today my dad rents out this part and has said thank you but Fudge off you don't own any of it. Should have put it in writing will not do anything again without even with family. It is all business treate it like it.

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        #4
        Danny, did you (and your Brother and Mother) ever record a Deed Trust indicating your interest in the Home?

        But yeah, they really shouldn't have a problem getting a loan sub-prime loan, or as was already suggested, do a lease-option.

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