Originally posted by @Jason Rhodewalt:
Thanks for the responses everyone. Talking to the tenant today, who happens to be in the lending business, she suggested that we stick to the original price and hold a second note for 20% and move to a conventional loan. I’m not really interested in loaning more money - I’m not really in that business. I’m also unsure of the tax implications as we intend to do a 1031 exchange with the proceeds.
I’m leaning more towards the uncollateralized loan. It’s not a large amount so it would kill us if they did stop paying and might just be cleaner. Still open to other ideas as well. Thanks for everyone’s thoughts
Your max CLTV is going to be 97% for a conventional loan. That is 97% of the purchase price or appraised value(whichever is less)...see a problem there?
You have a person here who you claim is "in lending" but they don't know how to calculate the dollar amount for their maximum CLTV? I'd call that a red flag and you should be looking for red flags if you're thinking about loaning anyone money, secured or not. Maybe it's simple ignorance, ok but that's actually not ok if you want this to work and not just waste everyone's time until someone who knows better gets a hold of it. I'll help lay out some example numbers for you so you can understand what I'm getting at.
Let's assume for arguments sake a purchase price of $200,000 with an appraised value of $170,000.
For the FHA she was going to bring 3.5% probably right? So $7,000 down and a base loan of $193,000 before the FHA UFMIP. So she was ready to bring 7k out of pocket. Let's convert this to conventional now using her available $7,000 down.
$170,000 appraised value means a maximum 1st mortgage at 97% LTV of $164,900 leaving $35,100 she still has to come up with to pay you your $200,000. Apply her $7,000 down and she still needs $28,100. So how is she going to come up with this $28,100? She thinks with a 2nd mortgage note? That would mean a first mortgage of $164,900 at 97% LTV, a second mortgage at $28,100 for a total combined amount of $193,000 and a CLTV of 113.5%. Now use your actual numbers to see what proposed CLTV you're looking at. Remember, maximum CLTV is 97% so you're dead in the water at anything above that.
You're trying pretty hard to help this person, which is admirable but not pragmatic. You should think about why lenders won't make large un-secured loans, and or who they'd make those loans to. Most borrowers looking at an FHA loan are doing so because their credit doesn't allow them to get better terms with conventional, or they simply can't qualify for conventional period. If you're thinking about giving these people an unsecured loan wouldn't you at least want to qualify them? Look at their credit? Ask them to make some attestations to statements of fact? If they were FHA buyers then it's a pretty good bet they wouldn't get a large unsecured loan from most, or any banks. The people that can get a large unsecured loan from a bank don't look at FHA loans.
Life happens to people. When life happens to them do you want that to automatically trickle down to you? The thing that normally prevents people from passing off the fallout from their hard life events onto others is security...that's why it's called security.