I owned a small corporation and my mother took out a interest only line of credit loan against her free and clear house and loaned it to me for my buisness. my buisness did not work and was forced to shut down.Is thier any way my mothers loan can be forgivin with either because of a %26quot;bad investment%26quot; without losing her house.Is thier anything i could do or any channels i may go down to investigate this further? I at this point am paying only the interest on it personally every month.
Mother loaned money to me for my company thru a line of credit against her house and business shut down.Help!? You better take out a loan to pay back dear mom.
Mother loaned money to me for my company thru a line of credit against her house and business shut down.Help!? I would suggest keep paying the bill each month even if your business closes that way it shows your trying to be independent and she wont hold it against you
Mother loaned money to me for my company thru a line of credit against her house and business shut down.Help!? Do whatever you have to do in order to keep Mother in her home and do not ever borrow from her again.
Mother loaned money to me for my company thru a line of credit against her house and business shut down.Help!? Talk to a bankruptcy lawyer. If your company went under, more than likely you went bankrupt. So, both you and her need to hire a BANKRUPTCY lawyer, and figure out how her bad investment can be removed from her credit. I hope you two drew up papers, stating that the money you borrowed was as an investment for her in your company, and hope you had it witnessed and notarized. If you did, take those papers to the lawyer and have him advise you. Usually bankruptcy lawyers will charge you a flat fee.
Mother loaned money to me for my company thru a line of credit against her house and business shut down.Help!? Unfortunately, there isn%26#039;t an easy way out of this. Someone is going to need to pay back the loan or she will lose the house.
Mother loaned money to me for my company thru a line of credit against her house and business shut down.Help!? Disclaimer: I am not a lawyer, and I highly recommend that you contact an attorney who specializes in small business-corporate law or real estate and small business law in your state.
Generally speaking, your mother%26#039;s line of credit loan has no direct relation to your business. It is a collateralized loan, which means that the loan was made because of the equity available in your mother%26#039;s house. Her house is the collateral. The bank or mortgage company doesn%26#039;t care what your mother did with the money. She could have bought a boat, went gambling in Las Vegas or taken a trip to Europe.
There are certain types of investment losses that can be claimed as deductions on income tax. But I don%26#039;t believe your mother%26#039;s %26quot;investing%26quot; in your business would qualify. In any case, I%26#039;m guessing that she simply gave you access to the money and that there%26#039;s no paperwork stating it was a business investment (%26quot;loans%26quot; and %26quot;investments%26quot; are defined and treated differently). And, no, you can%26#039;t do the paperwork after the fact.
As I understand it, you have four possibilities:
1. You continue to make the payments. Get a job and hope you can start making enough to pay down both interest and principle. If you don%26#039;t start paying down the principle, the interest will continue to grow.
Also, you didn%26#039;t say if the line of credit had any special features. Is it an adjustable-rate loan that can increase or decrease? Does it have a balloon-payment (i.e., in a certain number of years, will she have to pay a huge lump sum)? That would make a difference in how you should plan.
2. Check with another bank or mortgage company. Depending on your mother%26#039;s age, equity and finances, maybe she could arrange a reverse mortgage (see Source(s), below) to buy out the current line of credit loan. This isn%26#039;t a perfect solution but, if it%26#039;s available, it should allow her to remain in her home. NOTE: This would not wipe out the debt. It would simply restructure how it%26#039;s handled.
3. Your third choice is to help your mother sell her current house and hope there%26#039;s enough equity to buy her a new one, or at least to move somewhere she can afford to live. At the very least, selling her house removes the loan and possibility of foreclosure.
If you%26#039;re only paying the interest and if she%26#039;s under any threat of foreclosure, you should DEFINITELY consider this option. There are quite a few investors who will likely be interested in purchasing your mother%26#039;s house. No matter how much you don%26#039;t want to face this possibility, at least if you and your mother sell the house, you maintain a little control of the outcome. If the house goes to foreclosure, she will have fewer options AND she%26#039;ll have a foreclosure on her credit rating.
4. If the rental or lease-to-own market is good in your area, have your mother rent her house or a portion of her house to pay all or a portion of the credit line loan. She may have to move in with you, or find alternative housing. I know this is awful. Your mother%26#039;s life will be disrupted. But it is an option.
I can%26#039;t think of anything else to help you at the moment. DO contact an attorney in your state. DON%26#039;T rely solely on advice here to take action. Laws vary by state and time is not on your side.
DO NOT think that just because someone promises to %26quot;save%26quot; your mother%26#039;s house, that the promise will or can be kept. I%26#039;ve personally known people who have gone to the brink of foreclosure and would have fallen over the edge if they hadn%26#039;t made sure things happened, verified and checked information themselves, made sure when things were going to happen, and were generally a pain in the neck to make sure no one dropped the ball.
To everyone else, this is just a deal, a sale, or an investment. To you, this is your and your mother%26#039;s lives.
Take care. And I%26#039;m so sorry you have to send this message on Mother%26#039;s Day. : (
Mother loaned money to me for my company thru a line of credit against her house and business shut down.Help!? I%26#039;m sorry to hear about your business. That is a terribly traumatic thing to go through, and I know how you must feel today.
I%26#039;m sorry that I don%26#039;t have great news for you. What happened is that you created two loans. Loan #1: Your mother borrowed money from the bank against her house. Loan #2: You borrowed money from your mother to fund your business. When your business goes under, you or your business may be able to declare bankruptcy, but that will only affect loan #2. You could possibly reneg on your debt to your mother through the legal process of bankruptcy, but there are ethical and relational issues here. Nonetheless, none of this has anything to do with HER separate loan from the bank. In fact, be careful about being too aggressive. When she took out the loan, she probably signed paperwork promising to use it for something other than putting it into her son%26#039;s business. If you make life too difficult for the bank, they could probably get away with calling the loan in tomorrow. They could even claim fraud against her if she told them she was using it for repairs or whatever, and then used it for something else. Don%26#039;t make her life more difficult than you already have.
You can feel free to contact an attorney, but I can%26#039;t imagine anyone telling you any different. If you love your mom, you need to find a way to pay off her loan and give her back her freely owned home. Meanwhile, she%26#039;s at risk, because if anything happens to you, she%26#039;ll still be responsible for her loan, and she may not have the resources to pay for it.
Basically, you got her into this, and if you have any respect for her, you better pay it. There is no way to forgive a loan like this. The reason they wouldn%26#039;t loan this money except against the house is because they were trying to protect themselves against a loan that could get set aside.
Mother loaned money to me for my company thru a line of credit against her house and business shut down.Help!? Talk to these guys.....quick.
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