Need Advice on Property Dispute Between Uncle and Nephew

Need Advice on Property Dispute Between Uncle and Nephew

Member since 2021 · 2 posts · 0 votes

Hey BiggerPockets community,

I hope you're all doing well. I'm here seeking some advice for my uncle who's currently in a tricky situation regarding a property. Here's the backstory:

About five years ago, my cousin was unable to qualify for a loan, so my uncle stepped in and purchased a property using conventional financing on behalf of my cousin. To facilitate this, my cousin paid my uncle the 20% down payment and has been making monthly mortgage payments ever since. However, it's essential to note that the house is solely in my uncle's name, and their agreement is purely verbal with no written documentation.

Recently, the relationship between my uncle and cousin has soured. My uncle is getting older and facing health issues. On the other hand, my cousin now wants power of attorney over the property, claiming that he wants to take charge of paying the mortgage company directly. This proposition is causing significant stress for my uncle, who now regrets helping his nephew and wishes to extricate himself from the arrangement altogether.

My question for the BiggerPockets community is: What are some potential solutions that could benefit both parties involved?

Selling the property, which seems like the most straightforward choice, would likely completely strain their relationship. Additionally, the nephew is still unable to secure a mortgage in his name due to not meeting the qualifications. Moreover, the house was initially financed at a favorable 3% interest rate, whereas current rates are nearly double at 7%, making this option also detrimental to their relationship.

It's clear that this situation is complex and emotionally charged. We're looking for solution that respects both parties' interests and preserves their family ties as much as possible. I'd greatly appreciate any insights, suggestions, or similar experiences that the BiggerPockets community can share. Thanks in advance!

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y

    Your uncle is essentially renting the house to your cousin.  Is there another family member who is willing to co-sign a loan for your cousin?  Your cousin has had 5 years to get his finances sorted along with his credit rating and hasn't, so that doesn't bode well for him.  Is anyone else willing to act as landlord to your cousin, so your uncle doesn't have to deal with him?

    As you said the best solution is selling the house and your uncle doesn't have to worry about it.  My guess is the cousin wants to stay because the price he's paying for rent is pretty good.

  • Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes
    3y
    Quote from @Ryan Lupo:

    Hey BiggerPockets community,

    I hope you're all doing well. I'm here seeking some advice for my uncle who's currently in a tricky situation regarding a property. Here's the backstory:

    About five years ago, my cousin was unable to qualify for a loan, so my uncle stepped in and purchased a property using conventional financing on behalf of my cousin. To facilitate this, my cousin paid my uncle the 20% down payment and has been making monthly mortgage payments ever since. However, it's essential to note that the house is solely in my uncle's name, and their agreement is purely verbal with no written documentation.

    Recently, the relationship between my uncle and cousin has soured. My uncle is getting older and facing health issues. On the other hand, my cousin now wants power of attorney over the property, claiming that he wants to take charge of paying the mortgage company directly. This proposition is causing significant stress for my uncle, who now regrets helping his nephew and wishes to extricate himself from the arrangement altogether.

    My question for the BiggerPockets community is: What are some potential solutions that could benefit both parties involved?

    Selling the property, which seems like the most straightforward choice, would likely completely strain their relationship. Additionally, the nephew is still unable to secure a mortgage in his name due to not meeting the qualifications. Moreover, the house was initially financed at a favorable 3% interest rate, whereas current rates are nearly double at 7%, making this option also detrimental to their relationship.

    It's clear that this situation is complex and emotionally charged. We're looking for solution that respects both parties' interests and preserves their family ties as much as possible. I'd greatly appreciate any insights, suggestions, or similar experiences that the BiggerPockets community can share. Thanks in advance!

    "bought five years ago, the nephew is still unable to secure a mortgage in his name due to not meeting the qualifications. uncle is getting older and facing health issues"

    Hmm, is there a story there or what?

    Anyway, the nephew inherits it when his dad passes. Sad way to treat kin, but hey, the nut doesn't fall far from the tree.




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