Home refinancing question

luke22_42

New member
Hello!

In 2021, the wife and I got help with buying our first home. We had been dealing with employment and underemployment issues so our credit was not quite there to get approved for the mortgage, even though our finances were suitable. So we had some incredible help from a parent who volunteered to put their name on the mortgage, and we have an agreement to basically cover all expenses until the point where we can quality for the mortgage ourselves, at which time my parent will gift the house to us. There is enough trust there for everyone involved to be comfortable with the arrangement. On paper, it's my parents house with their name on the mortgage and title, and my wife and I are renting without an agreement (again, the trust is there).

So we are aware of the following facts: when the mortgage term is up next year, the wife and I have the credit score, finances, and employment history to qualify for a mortgage, so we don't anticipate an issue there. If there is such a problem my parent is ok with resigning if necessary. When we resign, we anticipate a good 25% increase in property value by then, and there will be a HEFTY capital gains tax bill, since my mom would either be "selling" a secondary home, or "gifting" the home which is the same as "selling at market rate" as far as capital gains are involved. As far as we know, we don't see a way to avoid the capital gains tax since the home is in my mom's name (if anyone knows a loophole, I'm all ears!).

So my ultimate question is this: when the home is transfered to our name from my parent's name. How should I best handle the transaction and subsequent tax bill? With my limited financial knowledge I can think of the following options:

1) add the tax bill to the mortgage amount. Is this doable?

2) start a HELOC. I see the options are to have a standalone LOC or have it bundled with the mortgage. Am I understanding this option right? Is it a good option?

3) pay the tax bill in cash. I don't anticipate this being very easy to do. I'm ballparking like a $20k+ capital gains tax bill, which we DEFINITELY don't currently have the means to pay. It would be a huge hassle to try and scrounge help from friends and family to scratch that together, but could possibly be a cheaper loan option with a "friend and family rate" for borrowing money.... Obviously risky since $20k is a lot between friends and family.

Is there any options I'm not considering yet that I should.

Ps. I know the home ownership situation is weird and messy, but at the time we were desperate to get into a home, and even then we could see the writing on the wall that it was "now or never" to get a home in our hands. We were willing to enter in the weird situation with my parent, and they were happy to help us get in a home. Obviously if time was availabile, we would have waiting until we could get approved for a mortgage, but in hindsight it was right not to wait for that.... Housing situation got real weird, real quick.
 
@colin44 At this point we would qualify, based on our growing credit scores (both in the 'good' range, with prospects of improving more), and a car loan being the only 'on paper' major debt. Income and work history is there. We haven't gotten the approval for it just yet because it would be nuts to sign a mortgage unnecessarily at this time. All parties are comfortable waiting until the 5 year term is up (and the rates will be like half what they are now, maybe).

As for loss of job, it wouldn't make a difference if the mortgage was in our name or my mom's. At that point, the goal would be to keep the home in the family's hands. Worst case scenario the home is sold and we return to being renters, and pray the stars align again one day and we can make another attempt at homeownership. Another option would be my mom coming to live with us, she's planning to sell where she is and downsize and return to our city, so it would be whether she lives with us or in her own condo. She would pay off what is technically her second home, with proceeds selling her primary home. Third option would be my mom covers us on the mortgage payments until employment situation is sorted. I don't want to go down that road, obviously. I think anyone responsible for a mortgage has to answer this question.

If my mom passes suddenly, the house would simply be in the will, and us being able to qualify for the mortgage there wouldn't be any impassable obsticals.
 

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