Open Question: If we signed a contract to buy a house, but the contract doesn’t state “pending financing” are we able to ? Open Question: Could i make it happen?
Apr 30
Ok, I am Durable Power of Attorney for my grandmother and maintain her health care options, financial affairs - almost anything to do with her life I guess you can say. Due to her son (my father) being irresponsible to say the least, she is left with minimal funds, although she receives an annuity of around $2k per month, but I have developed a budget for her and arranged some in home care for her benefit. I am a first-time homebuyer and have recently closed on a house. I was talking with her about how I'd like to take out enough to pay off student loans, house, and enough for upgrades and a few other minor purchases, and make 1, 15 yr loan payment. Here is a general idea. Any and all input is greatly appreciated! Student Loans: Mine: $60k @ 6.5% for 25 years Monthly: $405 House Loan: On closing day: approx: $9k for down payment & my part of closing costs Loan: 170k loan @ 4.875% for 30 years: Monthly: $900 Total Amount over 30 years: 405(12) = 4,860 (25) = 121,500 900(12) = 10,800 (30) = 324,000 Grand Total: $445,500 New Plan: 1.Grandmother (or I) takes out $270k line of credit or home equity loan against her farm which is worth close to $1 million and debt-free. I prefer a fixed rate and am willing to pay a slightly higher rate to lock this in. She has agreed and I am POA so I can do this in her name. 2. I take out $170k loan and make a few monthly payments (make sure loan doesn't have pay early penalty) 3. Grandma gifts 270k to my name (tax free). The first 13,000 goes unreported. The remaining $257k is reported to the IRS and deducted from her lifetime allowance of $3.5 Million (still tax free, but must be claimed if over $13k in 1 yr.) 4. Pay off the entire remaining home balance: (For easy example, use $165k). ** The house would be completely paid off and in my name. This would likely improve my credit, purchasing power, and still qualify for $8k tax credit. 5. Pay off $60k in student loans - virtually replacing with lower interest rate. 6. Remaining Funds: $270k-230k= $40k - The remaining 40k will be used in combination to furnish the home, do minimal upgrades, establish an emergency fund, and do a small amount of investing. Updated Plan: 270k @ 4.25 for 15 years: $2030/month Grand Total: $2030 (12) = 24,360 (15) = $365,400 By shortening loan duration and lowering interest, I am paying (445,500-365,400) $80,100 LESS while borrowing $40k MORE. In dollars alone, this is a swing of over $120,000! Also, without ever making additional payments, I'm COMPLETELY debt-free in 15 years. Once I start earning more, I can pay off debt much faster. This one loan payment is much easier for me to manage. Anyone have advice on this plan? Will it work, is it legal as I have researched and assume it is? Also, what type of loan would you recommend for this. Any input encouraged! Thanks! R.M. And as a lawyer, I assume you'd consider more details. I was in a hurry earlier and didn't want to go here but I will out of respect for the first couple responses. I am 24 years old, recently graduated college with a Finance Degree and an accelerate MBA. My father is a degenerate alcoholic. Whille we thought for years he was taking care of her financial affairs, he was in fact draining her estate. By the time I was aware, she had the farm (been in my family since late 1800s), about 20k in cash, 80k in stock, and a monthly annuity of $2k. She realizes my dad's problems and knows her money is depleting and if she goes into a home she will lose the farm. Since then she has elected me as a power of attorney - I have closed all accounts in my father's name, reopened seperate accounts and developed a budget that is allowing her to break even at work, and at times, accumulate some wealth monthly. She has had heart failure, kidney failure (dialysis), a stroke, the list goes on...I stay with her every night during the week and walk her to the bathroom several times each night. In addition her and I have setup a trust where I have control over my father's ability to steal her money. I would never take advantage of her in anyway. When I mentioned looking for houses, her exact words were that she'd rather me somehow use equity on the farm to help than to have my father drink it away. Sorry for the lack of details - I just didnt want to get into that area b/c I could go on forever...Anyways...back to the subject.. Ask me: the apple doesn't fall far from the tree? I am in no way using any of her funds. I dont see how this poses any threat to her whatsoever. I will [and have] done everything in my power to make sure she receives the best healthcare available and to preserve the farm in my family which would have been sold shortly after her passing under my dad's plan. I trade commodities and make good income. I take sole responsibility of her well being and will do anything to help her. I feel as if everyone assumes I haven't talked for countless hours about the plans and havent spent every waking moment making sure she is taken care of....bad assumption and straying from the topic... Help myself instead of my grandmother? She has 24 hours care from the best nurses in the area. I have done EVERYTHING for her. I pay all of her bills, do her taxes, clean her house, GIVE HER BATHS, drive her to dialysis, you name it - I do it... If you do the figures it's a no brainer. In the long run this could benefit her regardless because I'll be paying any bills she can't in order to keep the farm in the trust as she has wished....If her finances were depleted I could understand, but they aren't.

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