Lease Option to get out of primary residence? - Posted by Patrick
Posted by Patrick on September 08, 2010 at 24:41:16:
Okay, so I haven’t posted here in a long, long time. I explored the REI world 5+ years ago but decided in the near - to mid-term I was better suited to explore other income opportunities. Anyway…
My wife and I bought our primary residence near the RE peak (mid 2006), though the crash hasn’t been nearly as terrible in my area as in many others. My wife now has taken a too-good-to-pass-up job in another city, now we need to sell the old house before we can buy a new one.
We’re not completely underwater on it, probably near 100% LTV though. By the time we pay the realtor, we will have very little savings left for a down payment on the next house, unless we dip into funds that we REALLY don’t want to touch at this point (rainy-day fund, retirement funds, etc).
We’ve been trying to come up with creative ways to make the best of this situation. One of those that we’ve thought of is to offer a lease option on the old property. Does this seem like a reasonable solution?
Our thoughts:
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By securing a tenant, whose rent will presumably cover most of the mortgage and property taxes, we will be able to get a new mortgage on a new primary residence. Obviously we’ll need to do our due diligence to make sure lenders will be okay with this, and that our rent expectations are reasonable in this area.
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By delaying the sale of the home, we’re essentially delaying the expense of selling, since it would be a net negative cash flow at this point.
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By doing a LO, we might be able to get a higher price than a straight sale, if the tenant buyer actually exercises the option. If not, we do another LO, or try listing again with a realtor at the end of the lease term (or after eviction, gulp).
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We could avoid the 6% realtor commissions, though we’d seek to somehow settle up with our current realtor at something less than the full 6%, as he HAS worked hard for us thus far.
Some of the many questions we’re thinking about:
Will the current mortgage holder make trouble for us if we got the loan as owner-occupied, now turn it into a rental? From their point of view, we’ve never missed a payment, and it’s a 30-year FRM at 6% held in-house by the bank that originated the loan. Would they be happy to just keep collecting on this (nearly underwater) loan rather than try to force us to adhere to the original terms of the loan? (Once again, due diligence will be required.)
While I’m not thrilled about the idea of becoming a landlord in this situation, I’m not terrified at the prospect either. The house is about a 3 hour drive away and we obviously are familiar with the property and the area, having lived there for four years. We also have family and friends in the very close vicinity of the property, which hopefully will help. It is also probably in the top 25% or better of homes in this town in terms of price. We hope that the price will weed out some of the less attractive tenant buyers.
So, I know there are lots of things that we missed (some of which I left out because this message is getting so long, and others that I simply haven’t thought of yet). I hope this forum is a good place to start getting other thoughts about the idea, though. I would greatly appreciate any insight anyone has.
Also, we are currently living, free, with family in our new city. It’s not a perfect situation by any means, but it also makes the disposition of the old property less urgent since it’s the only housing expense we have right now.
Thanks in advance for any help on this!