How to protect my parents from Real Estate Dissaster?
Posted on March 2nd, 2010 in Renting & Real Estate | 6 Comments »
dflkjaw n asked:
My mother is planning on buying real estate with my grandmother and aunt. All three provides capital for down payment, grandmother provides the loan, and my aunt and grandmother live in it since the've only lived in apartments for the longest time. This time they think they will just pick up a foreclosure... The problem is that their plan is for the property to be split up when my grandmother dies. But there is ANOTHER aunt that could lay claim to the property after this AND the argument could deffinately be made that since my mother only provided an initial down payment and didn't pay the mortgage she could easily lose out on the "1/3 share" of the property she thinks she will get. ALSO my parents don't think these things out, they were originaly going to get land thinking in 5 years they will cash out not knowing much research goes into land speculation on top of the fact that they would have to be paying the mortgage, no renter, until they did sell it. (Sorry its not that im stupid, the program just mixed up some of my paragraphs, the line about foreclosure goes here)... They think (because they told me) that you could get foreclosures for really cheap, like 150k off of market value. And I tried explaining that its simply not as easy as the late night infomercials make it sound but I'm their son so what do I know. They really think its going to be easy and nothing will go wrong but as with all things, especialy business between family members, this WILL go sour and I don't want to see my parents burned. They won't start an LLC, get a contract signed with all members, anything to cover themselves. What on earth could I tell them to bring them to their senses? Websites or resources they can read so that they know that they really need to treat this as if they are dealing with non-relitive investors?
Vancouver Washington Real Estate
My mother is planning on buying real estate with my grandmother and aunt. All three provides capital for down payment, grandmother provides the loan, and my aunt and grandmother live in it since the've only lived in apartments for the longest time. This time they think they will just pick up a foreclosure... The problem is that their plan is for the property to be split up when my grandmother dies. But there is ANOTHER aunt that could lay claim to the property after this AND the argument could deffinately be made that since my mother only provided an initial down payment and didn't pay the mortgage she could easily lose out on the "1/3 share" of the property she thinks she will get. ALSO my parents don't think these things out, they were originaly going to get land thinking in 5 years they will cash out not knowing much research goes into land speculation on top of the fact that they would have to be paying the mortgage, no renter, until they did sell it. (Sorry its not that im stupid, the program just mixed up some of my paragraphs, the line about foreclosure goes here)... They think (because they told me) that you could get foreclosures for really cheap, like 150k off of market value. And I tried explaining that its simply not as easy as the late night infomercials make it sound but I'm their son so what do I know. They really think its going to be easy and nothing will go wrong but as with all things, especialy business between family members, this WILL go sour and I don't want to see my parents burned. They won't start an LLC, get a contract signed with all members, anything to cover themselves. What on earth could I tell them to bring them to their senses? Websites or resources they can read so that they know that they really need to treat this as if they are dealing with non-relitive investors?
Vancouver Washington Real Estate

6 Responses
Chandler Real Estate
Get a lawyer, fast.
Thermage Before and After
I would advise them to consult with a real estate attorney about how to take title. This scenario involves a complex transaction. It’s best to make sure the rights to the property once grandma dies are legally binding by bundle of rights to the property.
Boston Real Estate
First get a good real estate lawyer in your state and be very careful how the title/deed reads. There are certain ways that property can be held..tenants in common, joint tenancy and the like, those make a difference at probate. Also make sure there are living trusts and wills to make things a bit more smooth.
Flathead Lake Mt Real Estate
If all three of their names are put on the title with no further agreement written up, then it will be assumed (in the eyes of the law) that all 3 are equal owners of the property – regardless of who lives there or who put up the money for the downpayment. Further, when anhy of the 3 dies that persons share can either go towards their estate (and whoever was named to receive thie deceased assets via their will) or provisions can be made that the surviving owners buy or just recieve the deceased share of the property (or provisions could be made that the share of the deceased assets go to their heirs but the other owners nonetheless can stay in the property untli they die or everyone decides to sell).
Really many people have done these sorts of things before and a good lawyer can set this up however you tell them. Just make sure you get one that really knows what they are doing.
San Diego Ca Real Estate
Your mother, grandmother and aunt should pay 33% of the mortgage and not just the down payments.
One of them should also pay 34% instead of 33% or if you have a job then you could buy 1% of the house.
Keep in mind all repairs and taxes should be paid by all the owners too.
Your grandmother can give her property to anybody she wants in her will.
Make sure she writes one before she dies.
It is wise to buy Life Insurance for your grandmother.
Your mother needs to pay the mortgage too.
If your mother cannot afford to pay the mortgage then she needs to pay rent to your grandmother and your aunt.
In this case your mother will lend your aunt and your grandmother some money to buy a house.
Setup an interest rate for the loan and your grandmother and aunt need to pay your mother monthly payments for her loan for as long as they wish. (Perhaps the duration of the mortgage)
If one of them is currently paying rent then this is a good deal.
Bozeman Mt Real Estate Listings
The property should be held in an Land Trust. The trust spells out EXACTLY what each party contributed and what they should get back when the trust is terminated (i.e. when the property is sold). It also protects all parties concerned from lawsuits against the others. Their beneficial interests in the trust are “Personalty” not “Realty”. Jointly owned personalty can’t be divided to settle a judgement against any one of the parties. More info available at
I can help further with this if you’d like.
Contact me.