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  • Need housing advice

    Our house contract deal is going bad. Contract buyers were supposed to get their own financing within 3 years. The end of the third year is rapidly approaching and I need some guidance on our worst case scenario here -- they don't get the financing and walk.

    Here's how I see our options.

    Renegotiate It's costing us $4,000/year for them to live in this house. Its not ideal and I'm not even sure its what they want but it may be an option. If they don't get approved for this financing they're working on, I think we could reasonably expect it to be another 2 years for them to get their ducks in a row totaling $20k we've forked over on this deal -- and that's if our insurance/tax expenses remain the same which is probably wishful thinking. The only upside here is that we will recoup a little of the cost simply from the amount they've paid down our mortgage.

    Save to sell I estimate its going to cost us around $19,000 to sell ($7k tax credit we have to repay, $10k realtor fees, $2k closing costs and other mumbo jumbo). I *think* we can sell for approximately $10-15k more than we owe. Downsides here are that we'd be putting it on the market in December which isn't ideal here and theres a good chance selling is going to wipe out our entire savings. Once the house is vacant, the mortgage payment will be more than we can afford without dipping into savings monthly so it has the potential to get ugly really quickly. If our savings diminishes, we could have to turn away offers on the basis of not being able to cover the difference and at the same time we'd be struggling to make the payments.

    Save to move When we took on this contract sale, we did purchase another house. Our current home is a fraction of the size and cost of the house we moved from. We loved the old house but wanted to be closer to family and free up some cash to get our finances in order. The contract house is 2.5 hours from where we are now and my job could easily transfer back to that area. Its a very real option for us to move back into the house...but we don't really want to. We like our smaller digs, the area we're in and we eventually want to move abroad and keep our current home as a rental so we have a place to come back to eventually. Financially speaking, this may be the best option but it will severely hinder our future plans since we won't be in a position to save as much, kid costs will go up with not having family near by, etc. If we were to move, we'd likely keep and rent the smaller house which might bring in $200/mo after taxes and insurance but that doesn't take into account maintenance, vacancies, etc. The upside here is that the risk of renting a house with a $400/mo payment is much smaller than the risks with renting a house with a $1,200/mo payment. If we were to move back in, there is a finished basement with two bedrooms a bath and separate laundry that we could consider renting to help off set the larger payment, but in the end its still just a short term fix because we don't want to stay in that area and eventually we'll be looking to sell.

    Selling the old house on contract/renting to another famly isn't an option. We learned our lesson and need to get out from under this weight. I feel very stuck and don't feel like any of these are good options. WWSAD?

    ETA: FWIW, we finished paying off debt in December and since transitioning to savings mode we've saved up about $5k. I anticipate this amount to be near $12k by the time the contract expires.

    Let me know if you need any additional details. I super appreciate any thoughts/input.
    Last edited by riverwed070707; 06-08-2012, 12:26 PM.

  • #2
    Kinda bummed I didn't get any thoughts on this so I'm going to bump it. Everyone on here is so opinionated and no one wants to tell me what I should do?! I mean this in the nicest, most complimenting way possible. Love the advice I get here.
    Last edited by riverwed070707; 06-11-2012, 06:51 AM.

    Comment


    • #3
      A unique situation with no easy answers...

      I would sell. It sounds like you don't want the hassle, you don't want to move back, you can't trust the people living there now...

      I would also put it on the market now, but say there are tenants until December if you have to - that would be up to the agent working with you. You don't have to wait to get people looking at it.

      I would also see if your agent is flexible on their charges. If you make back $10k and you have $12k in savings - that would mean you could pay for the closing costs and walk away for a new year with one house and no more problems.

      I would further not pay them to live in your house anymore - if the current subletting occupants can't afford it, someone else might be able to so if you don't want to sell, start looking for rental options where you MAKE money, not spend it.

      Comment


      • #4
        Originally posted by BMEPhDinCO View Post
        A unique situation with no easy answers...

        I would sell. It sounds like you don't want the hassle, you don't want to move back, you can't trust the people living there now...

        I would also put it on the market now, but say there are tenants until December if you have to - that would be up to the agent working with you. You don't have to wait to get people looking at it.

        I would also see if your agent is flexible on their charges. If you make back $10k and you have $12k in savings - that would mean you could pay for the closing costs and walk away for a new year with one house and no more problems.

        I would further not pay them to live in your house anymore - if the current subletting occupants can't afford it, someone else might be able to so if you don't want to sell, start looking for rental options where you MAKE money, not spend it.
        Thanks. I don't think we could put it on the market now. The current tenants are not renters, they bought it under the terms that they would get independent financing by December 2012, which means their name is on the deed and they still have until that time to get it worked out. I am anxious to get the process started, but as of now, they are still going on as if they intend to purchase so i don't think they would be agreeable to showing the house while they are still in it nor would I trust them to make sure the house is in show-worthy condition and, even if we received an offer, we woudn't be able to accept it until the current tenants confirmed they would not be purchasing. I think it would just be too messy to list it now and will just drive up the amount of time on the market.

        Additionally, I can't kick them out as long as they're current on their payments. Again because of the contract in place. Also, I wasn't totally clear, but we didn't buy this house as an investment. It was our primary residence and we couldn't sell so we went the contract to buy route. Truth is, I don't regret our decision to do it becuase it really was best for us at the time to get out of there but I just don't know where to go from here.

        Comment


        • #5
          I would think since you have a contract where they agreed to obtain funding by December 2012, that in the event they didn't obtain the funding, there could be a legal recourse for you to recoup some of your money.
          I'm kind of confused though....They bought the house and are on the deed, but didnt arrange separate financing. Did you do a seller financing deal? If they are on the deed, then why aren't they also paying the taxes, etc?

          It definitely doesn't sound like an ideal situation.

          If it were me, I would sell after the contract expires. To allow them to keep putting a contract on the house in hopes of obtaining financing, really drags out your liability and risk exposure. Not to mention the wear and tear on the house.

          JMHO

          Comment


          • #6
            Save to move When we took on this contract sale, we did purchase another house. Our current home is a fraction of the size and cost of the house we moved from. We loved the old house but wanted to be closer to family and free up some cash to get our finances in order. The contract house is 2.5 hours from where we are now and my job could easily transfer back to that area. Its a very real option for us to move back into the house...but we don't really want to. We like our smaller digs, the area we're in and we eventually want to move abroad and keep our current home as a rental so we have a place to come back to eventually. Financially speaking, this may be the best option but it will severely hinder our future plans since we won't be in a position to save as much, kid costs will go up with not having family near by, etc. If we were to move, we'd likely keep and rent the smaller house which might bring in $200/mo after taxes and insurance but that doesn't take into account maintenance, vacancies, etc. The upside here is that the risk of renting a house with a $400/mo payment is much smaller than the risks with renting a house with a $1,200/mo payment. If we were to move back in, there is a finished basement with two bedrooms a bath and separate laundry that we could consider renting to help off set the larger payment, but in the end its still just a short term fix because we don't want to stay in that area and eventually we'll be looking to sell.
            This would be the option that I would have as a plan B. I am assuming you are figuring out a contingency plan only in the event that the financing does not come through? Maybe things will work out for the sale to go through as planned.

            Comment


            • #7
              Originally posted by woodie96 View Post
              I would think since you have a contract where they agreed to obtain funding by December 2012, that in the event they didn't obtain the funding, there could be a legal recourse for you to recoup some of your money.
              I'm kind of confused though....They bought the house and are on the deed, but didnt arrange separate financing. Did you do a seller financing deal? If they are on the deed, then why aren't they also paying the taxes, etc?

              It definitely doesn't sound like an ideal situation.

              If it were me, I would sell after the contract expires. To allow them to keep putting a contract on the house in hopes of obtaining financing, really drags out your liability and risk exposure. Not to mention the wear and tear on the house.

              JMHO
              No recourse to recoup our money; however, they did give us a $5,000 downpayment which will be ours to keep and obviously they lose the additional $140/mo we agreed to deduct from principal.

              Yes it was seller financed. Similar setup to a balloon loan. In a round about way they are paying the taxes -- their payment covers principal, taxes and insurance and leaves me $52 at the end of the month. Where I lose money is because I have to claim the total amount they pay me each month as "income" even though I'm paying 99% of it right back out to my own mortgage company. The income taxes come out to be a little over $4k.

              No option to rent for more. We financed stupid and it just isn't marketable for more than what we're currently getting each month. Frankly, I'm surprised the current tenants agreed to pay as much as they do.

              Comment


              • #8
                Originally posted by Like2Plan View Post
                This would be the option that I would have as a plan B. I am assuming you are figuring out a contingency plan only in the event that the financing does not come through? Maybe things will work out for the sale to go through as planned.
                Correct on your assumption. It's possible but unlikely. When we made the agreement with them, we knew they were in a really unfortunate situation with their current house. At their lawyers recommendation they did a deed in lieu of foreclosure. He said it would only ding their credit and they would be able to get a new house within two years. We signed the contract for three to give them a buffer. But then things didn't go as planned and they ended up having to file for bankruptcy. Their credit took a far worse hit than ever anticipated and the financing options they are looking at is sketchy at best and they're running out of options. It is a contingency plan, but one I suspect is pretty likely we'll have to use so we need to be 100% comfortable with what we do.

                While we are in a much better position than we were when we left the house and can afford it by all "rule of thumb" standards, I dislike the idea of tripling our house payment again and it makes me worry we'll end up right back where we started

                Comment


                • #9
                  Since I like to read how these situations end for people, I thought I'd provide an update. Buyers moved out in October. We were going to list it to sell but the numbers weren't working without completely wiping us out and the timing is so bad being right before the holidays. We've decided to move back in. Love the house and we've found a way to offset the higher payment. We'll be renting our current house earning $400 over our mortgage and expenses (double our monthly payment). We listed it for rent and it was filled within 24 hours -- multiple offers to put down a deposit so we even had our choice which was nice.

                  We're also contemplating renting our the finished basement of the house we're moving back into. I've listed it for rent for $500/mo ( thought this was way more than people would pay!) and am personally shocked by the amount of interest we've gotten since I listed it. We're going to go up next weekend to show it and meet the candidates. We aren't 100% sold on co-habitating with strangers but if there is someone that would be a good fit, we might give it a shot. It would free up that money to do some improvements on the house and continue saving at a rate we're comfortable with, plus it makes use of space thats otherwise going to sit empty because the house is plenty big for us even without that space. Additionally, we're looking to refi the house which will bring our payment down about $350/mo. While we still have some kinks to work out (school for DD, etc) I'm comfortable with where we've settled and actually a little excited.

                  Comment


                  • #10
                    Do you like this old home better?
                    LivingAlmostLarge Blog

                    Comment


                    • #11
                      Originally posted by LivingAlmostLarge View Post
                      Do you like this old home better?
                      We do. A lot. Its a give and take because the home we're in now is close to family but in terms of the house, the area, the schools, etc we definitely love the old one better. We originally moved because when DD was an infant we were just really overwhelmed with the hours we were working and basically alternating parenting shifts and having no support or time for ourselves. Its been really great and it was exactly what we needed at the time but going back will be different because DD is older and goes to preschool, she's a little more self sufficient, plus DH only works PT now instead of retail nights and weekend hours and we're in a MUCH better place financially so we can have a night out now and then and not stress about working so many hours all the time. The reason I hesitated to move back initially is primarily because I don't think we'll stay in that area long term -- we really want to go overseas for a few years -- but there is a lot up in the air with that right now and we figured it didn't make sense to put the rest of our lives on hold for somethign that could be quite a ways off still.

                      Comment


                      • #12
                        Glad you figured out a plan. We have rentex with eoommates and it was a mutually beneficial relationship. Hope the month rental of your basement works out well.

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