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All Forum Posts by: Joe Lujan

Joe Lujan has started 7 posts and replied 18 times.

Post: Writing out a contract for splitting couples

Joe Lujan
Pro Member
Posted
  • Real Estate Agent
  • Riverside, CA
  • Posts 20
  • Votes 2

He is a grown man-child. He has a good job, but has no clue on financial responsibility. Thank you for your input.

Post: Writing out a contract for splitting couples

Joe Lujan
Pro Member
Posted
  • Real Estate Agent
  • Riverside, CA
  • Posts 20
  • Votes 2
Quote from @Nathan Gesner:
Quote from @Joe Lujan:

Why is the boyfriend keeping the house if she's the one that paid for it? Does she not want it?

She put the money in, so she should keep the house. If she doesn't want it, then she should get her $30,000 back out.

The best option is to sell the house, give her back the original $30,000, and then split any profit 50/50. However, the more likely scenario is that there will be a monetary loss and she'll learn a lesson about buying a house with someone she's not married to.

If they are both agreeing to fairness, they can sit down with an attorney to discuss their goals and the attorney can draft an agreement.

Personally, I would expect a loss either way. If she tries to sell, any equity will be eaten up by REALTOR fees. If she accepts the payment plan, mom is unlikely to pay in full. The best option is to take the payment plan because it gets her $15,000 now which is more than she'll get with selling. She may get lucky and get another $10,000 over the next two years.

Interesting that mommy is going to pay $25,000 but no mention of the boyfriend contributing.


Post: Writing out a contract for splitting couples

Joe Lujan
Pro Member
Posted
  • Real Estate Agent
  • Riverside, CA
  • Posts 20
  • Votes 2

THANK YOU

Post: Writing out a contract for splitting couples

Joe Lujan
Pro Member
Posted
  • Real Estate Agent
  • Riverside, CA
  • Posts 20
  • Votes 2
Quote from @Steve Vaughan:
Quote from @Joe Homs:

@Joe Lujan I would be very careful here.  You may need an attorney to write this out, but to protect your daughter I would use a note and deed to a 2nd position with the terms of the note written out as you have described.  I would NOT "quit claim" the property over to him until this money is all paid back.  The minute she does that she loses control over the home.  At least this way she will still be on title and can hold his feet to the fire until she gets paid back.

Good Investing...

Yep. $15k now and get a 2nd for the remaining $10k, then quitclaim. Then count her blessings.

A $525k loan with a $545k value = $0 equity by the time commissions and closing costs get done with them in a sale.  Probably have to come out of pocket.  


Post: Real estate attorney in Riverside

Joe Lujan
Pro Member
Posted
  • Real Estate Agent
  • Riverside, CA
  • Posts 20
  • Votes 2

Are there any Real estate attorneys on Bigger Pockets in Riverside CA. ?

Post: Writing out a contract for splitting couples

Joe Lujan
Pro Member
Posted
  • Real Estate Agent
  • Riverside, CA
  • Posts 20
  • Votes 2

Good afternoon all!

Here it is!

My daughter and her boyfriend of 3yrs are splitting up. They bought a house together. My daughter put down $30,000 all together with her own money for down payment and closing costs. He didn't put any money in. Neither on can qualify on their own to refi and buy the other out. His mother said she will help him keep the house since he refuses to leave. His mother will give my daughter $15,000 now and she is to sign a quit claim over to remove herself from title. Of course, Her name will be on the loan. Another $5,000 in 2024 and another $5,000 in 2025. total of $25,000. Which I think is stretching this ordeal too long.

Numbers: Sold price: $520,000. House comps at about $545,000 so about $25,000 in equity. selling the house will short change her drastically. I need suggestions on a FAIR contract that my daughter can present to her EX, that will work for both.

All suggestions will be taken with great thanks!!

Post: Writing out a contract for splitting couples

Joe Lujan
Pro Member
Posted
  • Real Estate Agent
  • Riverside, CA
  • Posts 20
  • Votes 2

Good afternoon all!

Here it is!

My daughter and her boyfriend of 3yrs are splitting up. They bought a house together. My daughter put down $30,000 all together with her own money for down payment and closing costs. He didn't put any money in. Neither on can qualify on their own to refi and buy the other out. His mother said she will help him keep the house since he refuses to leave. His mother will give my daughter $15,000 now and she is to sign a quit claim over to remove herself from title. Of course, Her name will be on the loan. Another $5,000 in 2024 and another $5,000 in 2025. total of $25,000. Which I think is stretching this ordeal too long. 

Numbers: Sold price: $520,000. House comps at about $545,000 so about $25,000 in equity. selling the house will short change her drastically.  I need suggestions on a FAIR contract that my daughter can present to her EX, that will work for both. 

All suggestions will be taken with great thanks!!

Post: AB1482 EXEMPTION letter not served time

Joe Lujan
Pro Member
Posted
  • Real Estate Agent
  • Riverside, CA
  • Posts 20
  • Votes 2

Hello everyone,

I have a rental that is AB1482 EXEMPT (SFR) except I did not make the July 1st 2020 deadline to serve the exemption letter. I want to raise the rent on this property. Do I have to go by the Non-exempt guidelines now? Can I still serve him the exempt notice and still raise the rent? The property is in So Cal

Thanks in advance

Post: DRIVING FOR DOLLARS IN MY AREA

Joe Lujan
Pro Member
Posted
  • Real Estate Agent
  • Riverside, CA
  • Posts 20
  • Votes 2

Justin Reed

Thank you!!

Post: Orange County Real Estate Investor Networking

Joe Lujan
Pro Member
Posted
  • Real Estate Agent
  • Riverside, CA
  • Posts 20
  • Votes 2

How do I get more info?