Personal loan to family, till sale documents.

Personal loan to family, till sale documents.

Scottsdale, AZ · Member since 2016 · 8 posts · 0 votes

I am going to lend money to a family member to pay delinquent mortgage payments, and a few bills. He is going to list his home for sale in the next 10-14 days. The money from the sale will be used to pay me back with interest, as well as a portion of the proceeds. However, he has a history of drug use as well as medical issues that could cause him to pass any day. The family member ( property owner) and the beneficiary have agreed to sign any personal forms or contracts. What legal forms do I need to protect myself, to have an added layer of protection? 

Where do I get these forms? Lawyer, title, self create? 

There isn't a ton of juice in this deal, so any cost savings or strategies would be appreciated. 

0Reply
19 views

3 Replies

Jump to latestLatest
  • Accountant · Houston, TX · Member since 2023 · 148 posts · 41 votes
    3y
    Quote from @Kevin Muns:

    I am going to lend money to a family member to pay delinquent mortgage payments, and a few bills. He is going to list his home for sale in the next 10-14 days. The money from the sale will be used to pay me back with interest, as well as a portion of the proceeds. However, he has a history of drug use as well as medical issues that could cause him to pass any day. The family member ( property owner) and the beneficiary have agreed to sign any personal forms or contracts. What legal forms do I need to protect myself, to have an added layer of protection? 

    Where do I get these forms? Lawyer, title, self create? 

    There isn't a ton of juice in this deal, so any cost savings or strategies would be appreciated. 

     So what you want to do is create a bona fide loan under 166 in case it becomes a bad debt loss you can take as a short-term capital loss in the year it becomes worthless.

    Depending on the amount you may want to make sure that you have evidence of attempt to enforce the obligation on lapse of payment.

    You want things like:

    Evidence of indebtedness (written or printed)

    Interest rate consistent with risk-profile

    Collateral

    Payment Schedule

    History of Payment

    Enforcement efforts evidence on non payment

    Ability to lend and repay

    Consistent treatment across tax forms

    Remove any evidence of there being payment subject to conditions. You want an unconditional obligation to pay a fixed or determinable sum in the future.

    Also any related party transaction is subject to greater scrutiny due to there being a potential lack of adverse interests, but instead possible collaboration the undermines arms-length principles.

    Arms-length = economic adversaries.

  • Member since 2023 · 15 posts · 1 vote
    3y

    There are ways to solve this. One way is putting the title in a Land Trust (Revocable Trust) Since I am not a lawyer will not attempt to give legal advice. You have to think outside the box.

  • Scottsdale, AZ · Member since 2016 · 8 posts · 0 votes
    3y

    Thanks for the intel on this guys. I will look to get this solidified. Eric, I will keep a good ledger on this, to ensure all is accounted for. 
    Some good suggestions. 

Join the conversationCreate a free account to reply, vote on answers and follow this thread.