• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Two parties purchasing co-op, can shares be split?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

nym9

Member
What is the name of your state? NY State.

When two individuals purchase a co-op together, must they be co-owners of the total shares, or can they each own half of the shares?
 


HomeGuru

Senior Member
nym9 said:
What is the name of your state? NY State.

When two individuals purchase a co-op together, must they be co-owners of the total shares, or can they each own half of the shares?

**A: it depends upon the rules of the coop.
 

nym9

Member
HomeGuru said:
**A: it depends upon the rules of the coop.
I want to pay for 50% of the shares (if allowed), but I want to make sure I have no risk if the party with the mortgage stops payments.

Assuming one is allowed to purchase individual shares, how would a sale work if one party paid in full and the other party has a mortgage?
 

You Are Guilty

Senior Member
nym9 said:
I want to pay for 50% of the shares (if allowed), but I want to make sure I have no risk if the party with the mortgage stops payments.

Assuming one is allowed to purchase individual shares, how would a sale work if one party paid in full and the other party has a mortgage?
It depends on the rules of the bank. But I seriously doubt any bank will take a mortgage on only half the shares, even if the co-op permits it.
 

HomeGuru

Senior Member
nym9 said:
I want to pay for 50% of the shares (if allowed), but I want to make sure I have no risk if the party with the mortgage stops payments.

Assuming one is allowed to purchase individual shares, how would a sale work if one party paid in full and the other party has a mortgage?
**A: that plan would not work as a lender would not approve. Also even if the lender did approve, if the mortgagor stopped paying your shareholder interest would be the banks to deal with.
 

nym9

Member
Thanks for the info, so the bank would not approve because if the borrower defaulted, they can't get the co-op to sell, only half its shares.

Then I guess the only possible method would be to use one mortgage, but each person still owning 50% of the shares, instead of both owning 100%.

Is this a common request for the board? Is it recommended?
 

HomeGuru

Senior Member
nym9 said:
Thanks for the info, so the bank would not approve because if the borrower defaulted, they can't get the co-op to sell, only half its shares.

Then I guess the only possible method would be to use one mortgage, but each person still owning 50% of the shares, instead of both owning 100%.

Is this a common request for the board? Is it recommended?[/QUOTE


**A: No and no......
 

nym9

Member
HomeGuru said:
**A: read my posts.
All you wrote was " if the mortgagor stopped paying your shareholder interest would be the banks to deal with."

If I bought and paid for 200 shares, and the borrower stopped paying for their 200 shares, what does the lender have to do with me?

And even if it does, how is that WORSE than if we both purchased 400 shares together?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top