Q&A: How cosigning a mortgage loan can bring big risks

Dear Liz: I’ve been self-employed for just over a year. Because of disbursements from a recent divorce, I have enough money to make a 40% down payment on a modest house. My income will easily cover the resulting mortgage payments, health insurance and other expenses, but I’ve been turned down for a loan several times without a cosigner. A family member has offered many times to do this, as the person doesn’t have the means or interest in buying a house anytime soon for various reasons. Reluctantly I am considering it.

This person has a good job but will not be contributing any money toward my down payment or mortgage payments. I plan on setting up a separate shared bank account that will cover at least a year to 18 months of expenses for the home in case something happens to me, so my relative isn’t burdened in any way. I also plan on listing this person as a beneficiary on the mortgage so they could choose to sell the house or live in it.

What would be the tax liability if this happens? What if we become roommates and they pay me rent? Would it be a good idea to refinance in a year or so to remove the cosigner? Would a revocable living trust be a better way to handle this situation?

Answer: The best way to handle this situation is to find a good real estate attorney who can explain your options. Your relative should do the same.

Cosigning a loan would have a lot of upside to you and mostly downside to your relative. Cosigners are equally responsible for the home loan, but they aren’t typically owners of the property.

If you want your relative to inherit the house should you die, you can include her as the property’s beneficiary in estate planning documents or a transfer on death deed, if your state has that document for real estate. (Mortgages aren’t assets, so they don’t have beneficiaries.) If your relative inherits the house, she typically wouldn’t owe taxes unless yours is one of the six states that still has an inheritance tax (Iowa, Kentucky, Maryland, Nebraska, New Jersey or Pennsylvania). In these states, closer relatives typically pay a lower rate than more distant relatives or those who aren’t related.

You also could leave a sum of money to pay the home’s expenses for a certain period. That probably would be a better idea than a shared bank account, unless your relative insists on access to such a thing as a condition of the loan. In general, you should minimize financial entanglements with people if you’re not married to them or legally or morally responsible for them.

You probably should try to refinance this loan at your earliest opportunity, rather than leaving her on the loan or inviting her to be your tenant. Even in areas where landlord-tenant law favors the landlord, such a relationship can be tricky. In other areas, you could find yourself saddled with a relative who would be extremely difficult to evict.

Q&A: When waiting to take Social Security doesn’t make sense

Dear Liz: I receive $2,400 per month in Social Security. My wife, who turned 66 in early April, was told by the Social Security Administration that her retirement benefit will be about $800. Can I get spousal benefits for her of $1,200, less what her Social Security amount will be? My problem is that she wants to wait to get her maximum amount of Social Security. Could she start spousal benefits now or does she have to wait until age 70?

Answer: Waiting would be pointless. Even though she would boost her retirement benefit by 8% each year, or a total of 32% by age 70, she still would receive less than if she just signed up for spousal benefits now.

Because she has reached her full retirement age of 66, her spousal benefit would equal 50% of what you’re receiving. (Technically, she will receive her own benefit plus an additional amount that brings her up to 50% of your benefit.)

Delayed retirement credits, which increase retirement benefits between full retirement age and age 70, don’t compound but increase benefits by two-thirds of 1% each month. There are no delayed retirement credits for spousal benefits, but spousal benefits are reduced when people start them before their own full retirement age.

Friday’s need-to-know money news

Today’s top story: The myRA program is dead. But there is an alternative. Also in the news: Borrowing money from friends and family when you’re in a jam, and four financial milestones to reach before you retire.

Obama-Era Retirement Plan Is Dead. Here’s an Alternative
The myRA program is dead.

Ask Brianna: Should I Borrow Money From Family and Friends?
What to do when you’re in a jam.

4 financial milestones to reach before you retire
Giving yourself a better shot at a good retirement.

Thursday’s need-to-know money news

Today’s top story: 5 essential money tips for Generation X. Also in the news: Sales tax holidays, the best ways to send money to your college student, and why Americans are more financially content.

5 Essential Money Tips for Generation X
The clock is ticking towards 50.

Sales Tax Holidays Save Shoppers Money on Back-to-School
Find out if your state has one.

Best Ways to Send Money to Your College Student
Don’t pay excessive fees.

Americans are more financially content than they’ve been in a decade

Wednesday’s need-to-know money news

Today’s top story: Learning how to ditch debt. Also in the news: How to prepare for the change from corporate career to entrepreneur, how to teach your kids to be better with money than you are, and why Millennials are paying attention to their 401(k)s.

How I Ditched Debt: Making Sense of Cents
Every penny counts.

Corporate Career to Entrepreneur: How to Prep for the Leap
Making a big change.

How to teach your kids to be better with money than you are
Learning from your mistakes.

Millennials may be far from retirement, but think ahead with 401(k)
Planning for the future.

The astonishingly high risk of a 401(k) loan

If anyone tells you a 401(k) loan is a cheap way to borrow, they are both right and very, very wrong.

401(k) loan interest rates are low. But the way many Americans repay them spells disaster.

In my latest for the Associated Press, how a reckless 401(k) loan could turn out to be the most expensive money you’ll ever borrow.

Tuesday’s need-to-know money news

Today’s top story: What would you give up to be debt free? Also in the news: What to know about alternative investments, what to buy (and skip) in August, and how money can actually buy happiness.

What Would You Give Up to Be Debt-Free?
Making sacrifices.

Alternative Investments: What to Know Before You Buy
Investments beyond stocks.

What to Buy (and Skip) in August
Preparing for back-to-school.

Yes, you can buy happiness … if you spend it to save time
Spending it the right way.

Q&A: When student debt payoff becomes complicated by identity theft

Dear Liz: I went back to school in 2002 to get my teaching credential. I took out several student loans and set up a repayment plan upon graduating with automatic deduction out of my checking account. Several years ago, the IRS started garnishing my bank account stating that there was a lien but I never received any other type of indication what was going on.

After contacting the IRS, we found that someone took out a fraudulent student loan using my former married name. I also got my credit reports, which showed the loan. I was able to get the signed loan documents from the U.S. Department of Education but now the department does not respond to my certified letters or phone calls.

I’m at a loss at what to do at this point. I filed a police report and notified the credit reporting agencies. I’m out almost $10,000. Is there any other advice you could give me?

Answer: First, follow up with the credit bureaus to make sure the fraudulent loan has been removed from your credit reports. Consider setting up credit freezes at all three bureaus to reduce the chances of being victimized again. The Identity Theft Resource Center at www.idtheftcenter.org has more information to help you protect yourself.

Getting the actual loan dismissed and your money back is a more difficult task. You may be able to have the loan erased under what’s known as a false certification discharge, but qualifying for that isn’t easy, said Jay Fleischman, a Los Angeles attorney who specializes in student loan problems.

It’s not enough to have a police report. You’d need to identify and file a lawsuit against the thief. If you can get a court judgment against that person, you would provide the Education Department with that as well as proof of your identity and possibly signature samples from the approximate date of the loan.

Even if you did everything necessary to prove eligibility for discharge, the department could still deny it if you received any benefits from the loan — if it paid any costs of your education instead of someone else’s, Fleishman said.

At this point, you may need to hire an attorney familiar with identity theft issues. You can get referrals from the National Assn. of Consumer Advocates at www.naca.net.

Q&A: The road to homeownership should be paved with skepticism

Dear Liz: My husband is 46 and I am 43. We have been living in Las Vegas for six years. We are aware that we missed out on buying a home a few years ago. Are we chasing a dream or do you think that we might have another chance to buy a house in the next few years? I am also very concerned about another recession. Some websites forecast one in 2018.

Answer: Some websites forecast the end of the world in 2016. And 2015. And 2014. And so on.

Recessions, by contrast, are pretty much inevitable but they’re not really predictable. You shouldn’t try to time your real estate purchases hoping to avoid, or take advantage, of the lower prices they might bring.

In general, you need to be a lot more skeptical about what you read and what you’re told if you want to be a homeowner and not get fleeced.

Everyone involved in real estate transactions — as well as in most other financial transactions — may have an incentive to mislead you or at least not tell you the whole truth. That’s why it’s so important to do your own research and make your own decisions.

Here’s just one example. A lender will tell you how large a mortgage it will give you, but that doesn’t necessarily mean you can really handle that loan. You may have other goals, such as retirement, that you won’t be able to achieve if you take on a too-large payment.

The best time to buy a home is when you want to be a homeowner, you’re financially ready to do so and you can afford to stay put for several years, because it can take a few years’ worth of appreciation to offset the costs of buying and selling a home (not to mention moving costs).

You also should make sure you have a healthy emergency fund — three months’ worth of expenses is a good start — to handle the inevitable unexpected expenses that arise when you own a home.

Monday’s need-to-know money news

Today’s top story: How to have healthy finances. Also in the news: Credit cards to pack for your road trip, learning about a Solo 401(k), and ten ridiculously easy ways to save $300 a month.

Want Healthy Finances? Start Here
Getting your finances in shape.

Credit Card Perks to Pack for Your Road Trip
Getting the biggest bang for your buck.

What Is a Solo 401(k)?
A retirement plan for the self-employed.

10 ridiculously easy ways to save $300 a month
You can do it!