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Updated about 8 years ago,
Pass along PMI costs to buyer
Hi everyone. A few years ago we used a William Tingle contract to sell a house that had an underlying mortgage on a land contract, and created a note for principle and interest. The taxes, hazard insurance, and private mortgage insurance ("PMI") is passed along to the buyer as actual costs, and comprise the monthly payment. My question is, is it wrong to have the PMI, which is assessed to the underlying mortgage and not the note we created with them, passed along as an actual cost?
Factors to consider: (1) The underlying mortgage co. gives us a yearly 1098 showing what interest was paid on the house, (2) we then draft up a 1098 to our buyer showing what interest, taxes, and PMI they have paid, (3) One could view PMI as something WE should be paying and taking a tax credit for, not the buyer, since the PMI is applied to the underlying mortgage, (4) If my buyer later contends the PMI, and we placed into a position of having to explain the docs to a judge, I can see that a judge may rule in favor of my buyer and put us into a position of having to defend mortgage fraud allegations, even if there was no intention of doing so, and (5) If my memory serves me correctly, a real estate attorney (in Georgia) has already reviewed and approved William Tingle's contracts years ago, but so much time has passed that has allowed me to doubt. I just get nervous anytime the buyer gets behind on a payment and we have to file evictions, because I don't want the buyer trying to contest anything (like PMI) that could haunt us in the event they lose the house for non-payment.