lending money to sister in law
lending money to sister in law
Author
Discussion

x5x3

Original Poster:

2,437 posts

283 months

Saturday 10th November 2012
quotequote all
basically she is about to buy a property but is short of cash due to change of career (cannot get a big enough mortgage as now self-employed, etc, etc).

I'm thinking we should get some legal papers drawn up and own x% of the property, she wants a cash loan to be repaid.

Thoughts?

yes?

no?

maybe?


Burrito

1,705 posts

250 months

Saturday 10th November 2012
quotequote all
Not worth the potential hassle.

Gargamel

16,392 posts

291 months

Saturday 10th November 2012
quotequote all
Depends how much and relevant the money is to you. If it £5k and you're a millionaire then just go for cash, but if it is your life savings, then insist on some guarantee.

I don't think the mortgage company will allow a separate charge against the property, they lend based on the whole value. not with someone else having a share.


J4K UH

9 posts

187 months

Saturday 10th November 2012
quotequote all
Don't do it. Lending money to family only ever leads to problems!

bigandclever

14,406 posts

268 months

Saturday 10th November 2012
quotequote all
You're mad.

If you can afford to give it to her and walk away, then go for it. Otherwise she can go to a bank and get her loan ... what do you mean 'they won't lend it to her because there's too much risk'?

Edited by bigandclever on Saturday 10th November 20:09

derektrimblitz

317 posts

191 months

Saturday 10th November 2012
quotequote all
Is she fit?

smile

Butter Face

35,054 posts

190 months

Saturday 10th November 2012
quotequote all
As above, depends on how much.

Any other assets? Car?

Spitfire2

1,968 posts

216 months

Saturday 10th November 2012
quotequote all
Don't do it. If there is any expectancy on her part that you should - then DEFINITELY don't do it.

14-7

6,233 posts

221 months

Saturday 10th November 2012
quotequote all
Depends on how well you get on with her.

I would lend money to my brother, parents and one of my cousins purely because I know they would also have my back. No none else.

ellroy

7,848 posts

255 months

Saturday 10th November 2012
quotequote all
No, No and thrice No.

The mortgage firm will undoubtedly take a dim view of a second charge, so that could cause issues anyway.

Other than that what legal charge would you have that would be enforceable if, and when, it goes tits up?

Leave it well alone.

x5x3

Original Poster:

2,437 posts

283 months

Saturday 10th November 2012
quotequote all
lol - I am aware I may be mad thanks!

She has some savings, we would be putting up maybe 15% of the purchase price.

- If the mortgage company will not allow us to "own" 15% of the property (I think that is what you are saying?) then it does indeed sound like hard work.

Thanks for the replies all - some more helpful than others - but then this is PH and fully expected smile


ellroy

7,848 posts

255 months

Saturday 10th November 2012
quotequote all
Yes, second charge means someone else has lent money against the property, and has a call if payments cannot be maintained. Effectively, what you'd be doing, unless it was unsecured on your part. Which would be utterly mental.

Its generally not looked on favourably. For obvious reasons.

x5x3

Original Poster:

2,437 posts

283 months

Saturday 10th November 2012
quotequote all
ellroy said:
Yes, second charge means someone else has lent money against the property, and has a call if payments cannot be maintained. Effectively, what you'd be doing, unless it was unsecured on your part. Which would be utterly mental.

Its generally not looked on favourably. For obvious reasons.
thanks - i assume the only other way to do it then would be a joint purchase - with a joint mortgage?

Changedmyname

12,549 posts

211 months

Saturday 10th November 2012
quotequote all
I have done this and 8 years later ,still waiting.
OP your choice but, IMO No.

Wacky Racer

41,390 posts

277 months

Saturday 10th November 2012
quotequote all
It will almost certainly end in tears.........yours.

But you'll probably go ahead and do it anyway..........

Gargamel

16,392 posts

291 months

Saturday 10th November 2012
quotequote all
Could you act as guarantor to the mortgage, thereby not committing any actual cash, but promising to do so if it goes badly. The mortgage company might accept that?

stevensdrs

3,264 posts

230 months

Saturday 10th November 2012
quotequote all
Unless you can afford to lose the money or make it a gift then DON'T go there. The truth is if she can't get a mortgage for the whole amount then she can't afford the house.

northandy

3,540 posts

251 months

Sunday 11th November 2012
quotequote all
As others have said, only do it if you can afford to never see the money again.

If its a gift, fine go ahead, a loan will not be paid back.

2lefthands

400 posts

169 months

Monday 12th November 2012
quotequote all
Slightly underhand towards mortgage lender, but lend the money to her, then slap an uncontested charge on the property after completion? Mortgage lender cannot contest if it can be shown to be less than the their % value of interest at recent purchase price.

VinceFox

20,566 posts

202 months

Monday 12th November 2012
quotequote all
northandy said:
As others have said, only do it if you can afford to never see the money again.

If its a gift, fine go ahead, a loan will not be paid back.
This is spot on. "lending" to family or friends is only advisable if you don't need to ever see the money again. Unless you can write it off in your head, don't do it.