Question: I'm thinking to buy my first home and have been looking into mortgage (most likely fixed rate 20 or 30 year) and realize that I'd be paying around 2 x times the loan amount in interest by the time I've paid off my mortgage. I have a brother who could potentially loan me some money to buy the house cash. What kind of a contract could I possibly sign with my brother where he'd at least not loose money (to inflation etc.) over the duration where I'd be paying him back? Little context: I'm 35, steady employment (100K annually), no debt, 780 credit score, want to get a house in greater Seattle area for around 500K with 20% down payment(to avoid mortgage insurance)

Answer:

Exploring Alternatives to Traditional Mortgages: Setting Up a Family Loan

Buying your first home is an exciting milestone, and exploring alternatives to traditional mortgages can be a smart move, especially if you have the opportunity to work with a family member willing to help. Below, I'll outline how you might structure a fair and legally sound loan agreement with your brother, ensuring both parties are protected and benefit from the arrangement.


1. Understanding Family Loans

A family loan is a financial agreement between relatives, in this case, between you and your brother. While it can offer flexibility and potentially better terms than a traditional mortgage, it's important to treat it as a formal business transaction to avoid misunderstandings and potential legal or tax issues.


2. Benefits of a Family Loan


3. Structuring the Loan Agreement

a. Determine the Loan Amount and Terms

b. Use a Promissory Note

A promissory note is a legal document outlining the loan terms. It should include:

c. Secure the Loan with a Mortgage or Deed of Trust

To protect your brother's interest:


4. Tax Implications

a. For Your Brother (the Lender)

b. For You (the Borrower)



6. Protecting Family Relationships


7. Alternative Ideas

a. Blend Loan

b. Shared Equity Arrangement

c. Gifting Funds

Note: Gifting has significant tax implications and should be discussed with a tax professional.


8. Steps to Proceed

  1. Assess Affordability

    • Use mortgage calculators to determine comfortable payment amounts.
    • Ensure your budget accommodates the loan without overextending.
  2. Discuss with Your Brother

    • Present a formal proposal outlining terms.
    • Be open to negotiation to reach mutually agreeable terms.
  3. Consult Professionals

    • Financial Advisor: To assess how this fits into both parties' financial plans.
    • Tax Professional: For guidance on tax reporting and implications.
    • Real Estate Attorney: To draft and review legal documents.
  4. Draft Legal Documents

    • Create a promissory note and mortgage or deed of trust.
    • Ensure all documents comply with legal requirements.
  5. Finalize the Agreement

    • Sign documents in the presence of a notary public.
    • Record the mortgage or deed of trust with the county recorder.
  6. Set Up Payment System

    • Loan Servicing Company: Optional but can handle payment processing and record-keeping.
    • Automated Payments: Establish automatic transfers to avoid missed payments.

9. Considerations Before Proceeding


Conclusion

Structuring a family loan with your brother can be a win-win situation if approached thoughtfully and professionally. By formalizing the agreement, considering tax implications, and protecting both parties' interests, you can secure favorable financing for your home purchase while providing your brother with a solid investment opportunity.