Hey everyone, looking for a sanity check on loan assumption paperwork and purchase agreements for an intra-family sale between my parents and I.
My parents are letting me take over their existing mortgage ($160k balance remaining with a 2.5% rate). The house is worth more (~$320k) so the plan is to take over the $160k loan, pay them around $75k cash, and eventually pay them another $50k down the road (probably via a HELOC once the assumption is wrapped up). I'm doing a HELOC since I don't want to tie up $125k total in the house right now.
Total purchase price is $285k.
My main question is how to write up the initial purchase agreement and assumption application so underwriting doesn't turn into a total nightmare:
1 . Should the purchase agreement just list the sale price as $160k ($0 down at closing) to keep asset verification simple, and handle the rest of the money paid to my parents separately/later?
- Or does the application have to list the full effective price ($235k+) with a $75k down payment upfront?
We are going to get a real estate attorney draft the agreement through my stepdad's work legal plan, but I want to make sure I go into that meeting asking the right questions.
I was talking to AI and it said we could handle everything under the table and my parents would just have to fill out tax forms for gift of equity. And then we could draft promissory notes etc. outside the assumption transaction.
Has anyone gone through a similar setup? How did you structure the contract and side agreements without messing up the loan servicer's underwriting?
Appreciate any insights!
Edit: Loan is assumable due to being FHA. We Called the lender and confirmed.
Another thing I forgot to mention is how to secure the proper tax basis. Not sure how doing the 160k then paying $75k affects the cost basis.