I should have probably further clarify a couple of things... The resistance to selling is more a matter of apathy. There are medical bills accumulating pretty quickly right now & as strange as this sounds, better the bills than the alternative. So, in their mind, the value of the house is essentially already gone. If they sold it outright now and net $100,000 plus, the money would sit in the bank and could be gone in a year. If they don't start taking care of some of the deferred maintenance on the property, they could be out of a tenant also.
For the last several years I've been doing what I can with maintenance, getting it rented, but I can't do any more without their cooperation and they have other things on their plate. As a gift or inheritance to the 3 of us children, it could be subject to look back of as long as 5+ years and I'm looking at purchasing it. Keeping 1 parent as comfortable as possible is not a problem so much as the big mess the surviving parent could be left in later.
@Brent Coombs
We might be able to justify postponing the unsecured note as a gain if not paid in full upon subsequent sale, but probably not a deal breaker. If I don't at least pay interest at 3% IRS will impute it and call it a gift. If installment gifting occurs, IRS will imply that was the intention all along and call entire gain realized. If I have to sell, they'll pay off the pre-existing mortgage no problem.
@Pete T. I know what the resistance is. The finality of it and not knowing what to do with the proceeds. As for the 3%, that is really a matter of minimum interest to avoid imputed interest, which could trigger full capital gains due immediately. Selling to me wouldn't be as final at first as outright selling the property. As for their equity, it's just as likely I would borrow it for real estate investing after a sale anyway to boost their personal cash flow, though you're right at a better interest rate or terms.
@Carl C. Pretty sure there is a federal mandated exemption for due on sale clause for sale to a child that applies.
Thanks for the replies. It helps to clarify what I'm attempting to accomplish.
Jeanne T.