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Private loan friend to friend to pay for a lease extension

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  • Bermonia
    Bermonia Posts: 977 Forumite
    500 Posts
    I fear you would struggle to force the sale as only a second charge holder, the mortgage company would need to agree as the first charge holder and it is rare they would do this unless the mortgage is being defaulted on
  • Jami74
    Jami74 Posts: 1,284 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Oh my goodness, what I would give for a friend or relative who had a spare £80k to lend! Or even a spare £20k for a deposit. I've never been unemployed and have never missed a payment, yet I've paid over £100k on rent over the last 14 years :( Saying that, I don't think I would be able to ask.

    OP, I hope your friends realise how lucky they are that you are willing to take such a huge risk for them with what, to most people, is a huge amount of money.
    Debt Free: 01/01/2020
    Mortgage: 11/09/2024
  • Xenon
    Xenon Posts: 263 Forumite
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    If you go through with this - make sure the contract is tighter than a Scotsman when it's his round in !

    In all seriousness

    Not a chance i would do this for family - never mind a friend.
  • chucknorris
    chucknorris Posts: 10,793 Forumite
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    edited 9 January 2020 at 3:02AM
    Xenon wrote: »
    If you go through with this - make sure the contract is tighter than a Scotsman when it's his round in !

    In all seriousness

    Not a chance i would do this for family - never mind a friend.

    I know there is risk, but they are in a dire situation, and I think if they get through this they will be alright in the future, if they don't it could easily be a downward spiral. With only 40 years left on the lease, I'm guessing that the cost of extending with increase by about £7-8k per annum.
    Chuck Norris can kill two stones with one birdThe only time Chuck Norris was wrong was when he thought he had made a mistakeChuck Norris puts the "laughter" in "manslaughter".I've started running again, after several injuries had forced me to stop
  • chucknorris
    chucknorris Posts: 10,793 Forumite
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    edited 9 January 2020 at 3:16AM
    Bermonia wrote: »
    I fear you would struggle to force the sale as only a second charge holder, the mortgage company would need to agree as the first charge holder and it is rare they would do this unless the mortgage is being defaulted on

    Yeah I'm aware of this, I don't think that their mortgage is that much, probably about £55k so the mortgage company might be quite relaxed, as there is plenty of equity and of course it would be increasing the value of the property too (they don't live locally, I am going to visit them next week to the whole thing over with them). If it is an issue, I might have to take over the mortgage too, but I'm not sure about that, I'll worry about that if it becomes an issue. That might enable me to have more control if things did go wrong (but I haven't taken legal advice yet, so I do not actually know).
    Chuck Norris can kill two stones with one birdThe only time Chuck Norris was wrong was when he thought he had made a mistakeChuck Norris puts the "laughter" in "manslaughter".I've started running again, after several injuries had forced me to stop
  • Voyager2002
    Voyager2002 Posts: 16,223 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    My father did something like this once for a good friend.



    As you can imagine, the friend was unable to maintain the agreed payments and the whole thing ended up in court. Fortunately the contract was water-tight and my father did collect his money in the end, but the whole affair was stressful and the friendship was lost.

    Two take-aways from this. Firstly, make sure the contract is water-tight and so ensure that a decent lawyer takes care of it, and of course make allowance for enforcement costs that could arise. And secondly, assume that the friend will fail to repay, putting their money ahead of the friendship.

    Having said that, what you are proposing could enable your friend to resolve a problem and avoid losing most of a substantial investment. You understand the property business and so have good reason to believe that what your friend seeks to do makes business sense.If things go wrong, you will at least know that you did your best and you can be confident that there will be sufficient money to repay you.
  • [Deleted User]
    [Deleted User] Posts: 3,297 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper
    edited 9 January 2020 at 12:06PM
    Being Scottish I don't quite get this crackers leasehold carry on you have south of the border so I might be off the mark here.

    Can the lease extension not be done as part of the sale of the leasehold? Your friends start the process of buying the lease and assign the benefit to the buyer?
  • -taff
    -taff Posts: 15,328 Forumite
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    I've got to ask, beyond an unshakeable [it seems] belief in your friendship, what on earth makes you think they will pay back 80k if they haven't paid back 5k?
    You have been burned once and you are going back for more.
    Thy can sell it without the lease extension, and let the buyer buy it. But they won't get as much money for it.

    And all the paperwork in theworld won't make someone pay you back if they don't want to.


    I mean, think about it. You have two unemployed people [ don't know the circumstances there] that have an investment property that they have failed to capitalise on properly by allowing the lease to fall, looking for outside investment to maximise their return from a person they didn't pay back money they originally borrowed from.
    I hope you're not back before long with a 'they didn't pay me back' thread.
    Non me fac calcitrare tuum culi
  • SnowTiger
    SnowTiger Posts: 4,461 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Do you think someone or something is trying to tell you something?

    MSE_loan_messages.png
  • chucknorris
    chucknorris Posts: 10,793 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    SnowTiger wrote: »
    Do you think someone or something is trying to tell you something?

    MSE_loan_messages.png

    Yes, but while I listed to everyone, I don't necessarily buy it. If I had followed what people thought I wouldn't have the wealth that I have now. While everyone was running away from property in the early 90's I was investing in it.
    Chuck Norris can kill two stones with one birdThe only time Chuck Norris was wrong was when he thought he had made a mistakeChuck Norris puts the "laughter" in "manslaughter".I've started running again, after several injuries had forced me to stop
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