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Options for Foreclosure of 6 family home

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JohnnyTsunami

New member
I’m in New York. My parents passed away in January and for a year and some change they were fighting the banks attempt to foreclose my family’s commercial property. I spoke to my lawyer multiple times about this and he says that my only option is to sell the property. What is owed is about 350-400k and the property is being offered to a willing buyer for 750k. I just want to know if there’s any other options because me and my kid brother still live in this building and it’s going to be hard to leave our childhood home and get dumped into the real world, especially since whatever is left over (~300k) is being split in 4. I make 53k a year and my kid brother is still in high school so renting in New York is going to be difficult. Saving my property would be great.
 


Taxing Matters

Overtaxed Member
The property is encumbered by a mortgage/deed of trust and evidently at the time your parents died they were in breach of the loan agreement — I'm guessing they were behind on the loan payments. So at a minimum to avoid foreclosure you would have to cure the late payments, along with any fees/penalties that are owed.

The loan agreement also likely contains what is known as due on sale clause that allows the lender to call the loan due when the property gets transferred to someone else, including a transfer of the property to the owner’s estate after death. There is a federal law that prohibits lenders from enforcing such clauses for property transferred to the kids of the owner after the owner dies but that law only covers residential real estate with 5 or few living units. Since yours has 6 units, it is not protected and the lender could invoke that clause. When that occurs, the entire loan is due immediately.

So you might have to come up with enough to payoff the whole loan, which would likely mean refinancing the loan with another lender. If your parents were having trouble paying the loan that suggests that property was not generating enough cash flow to cover all the expenses. You'd be hard pressed to qualify for a loan to pay a $400k loan on a commercial property plus all the other expenses of the place on $53k/year, especially if the place is losing money. But you can explore that possibility and see what you can do.

Your lawyer knows your situation far better than I do and he thinks your only realistic option is to sell it. He may well be right. You have not said anything here that suggests you have a shot to keep it. It may soon be time for you and your brother to have to move. You probably ought to start planning for that. If you put it off too long, you may find yourself in the situation where law enforcement is tossing your stuff to the curb, and you really do not want that.
 

HRZ

Senior Member
And to some extent the deeper into trouble the building gets the more vultures it may attract seeking a low price window .

That said , you might be wise to sort out if the building is "code compliant" ..if the building is full of old conversion issues it might really gum up a sale at your desired price . ...at least in experience of some of my NY friends.
 

JohnnyTsunami

New member
The property is encumbered by a mortgage/deed of trust and evidently at the time your parents died they were in breach of the loan agreement — I'm guessing they were behind on the loan payments. So at a minimum to avoid foreclosure you would have to cure the late payments, along with any fees/penalties that are owed.

The loan agreement also likely contains what is known as due on sale clause that allows the lender to call the loan due when the property gets transferred to someone else, including a transfer of the property to the owner’s estate after death. There is a federal law that prohibits lenders from enforcing such clauses for property transferred to the kids of the owner after the owner dies but that law only covers residential real estate with 5 or few living units. Since yours has 6 units, it is not protected and the lender could invoke that clause. When that occurs, the entire loan is due immediately.

So you might have to come up with enough to payoff the whole loan, which would likely mean refinancing the loan with another lender. If your parents were having trouble paying the loan that suggests that property was not generating enough cash flow to cover all the expenses. You'd be hard pressed to qualify for a loan to pay a $400k loan on a commercial property plus all the other expenses of the place on $53k/year, especially if the place is losing money. But you can explore that possibility and see what you can do.

Your lawyer knows your situation far better than I do and he thinks your only realistic option is to sell it. He may well be right. You have not said anything here that suggests you have a shot to keep it. It may soon be time for you and your brother to have to move. You probably ought to start planning for that. If you put it off too long, you may find yourself in the situation where law enforcement is tossing your stuff to the curb, and you really do not want that.
Thanks a lot I really appreciate the thorough response. The reason my parents couldn’t come up with the money was because of a delinquent tenant, which right now has been resolved and the building is now producing (I guess too late) a monthly net operating income of $4,500. With my salary that would be enough to deal with a mortgage, and I have saved for any other repairs needed.
 

JohnnyTsunami

New member
And to some extent the deeper into trouble the building gets the more vultures it may attract seeking a low price window .

That said , you might be wise to sort out if the building is "code compliant" ..if the building is full of old conversion issues it might really gum up a sale at your desired price . ...at least in experience of some of my NY friends.
That’s quite on point, the person I’m selling to said he’ll handle the violations tho since he’s a contractor and has a relationship with the village architect.
 

HRZ

Senior Member
The person you are dealing with intends to make a profit....and is entitled to make a profit ......in your parents shoes I'd want an additional neutral opinion of the likely current worth of the building and the needed repairs before making a final decision about saving or selling ...
 

Shadowbunny

Queen of the Not-Rights
The person you are dealing with intends to make a profit....and is entitled to make a profit ......in your parents shoes I'd want an additional neutral opinion of the likely current worth of the building and the needed repairs before making a final decision about saving or selling ...
Given that the OP said his parents passed away in January, I'm not sure if they are interested in another opinion.

OP, first, I'm sorry for the loss of your parents.

Second, you mentioned the proceeds of any sale being split 4 ways, which means that whatever you WANT to do, you'll have to either ensure the other heirs are in agreement, or be prepared to buy them out.
 

JohnnyTsunami

New member
Given that the OP said his parents passed away in January, I'm not sure if they are interested in another opinion.

OP, first, I'm sorry for the loss of your parents.

Second, you mentioned the proceeds of any sale being split 4 ways, which means that whatever you WANT to do, you'll have to either ensure the other heirs are in agreement, or be prepared to buy them out.

Yes absolutely, I’ve talked to a few banks about a refi and adding in two buy outs, which equals about 600k, this is what two family homes are going in my area anyway so if the rates are good, I can have the building pay itself off, and have $1250 in cash flow monthly.
 

adjusterjack

Senior Member
Yes absolutely, I’ve talked to a few banks about a refi and adding in two buy outs, which equals about 600k, this is what two family homes are going in my area anyway so if the rates are good, I can have the building pay itself off, and have $1250 in cash flow monthly.
Then start applying for financing before the axe falls.
 

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