QUESTION

Refiancing of mortgage alien resident

Asked on Aug 11th, 2013 on Real Estate - Florida
More details to this question:
I am the a non citizen and non resident owner of a property in Florida with a mortgage of 8 % p.a. The property is rented to my daughter (resident non citizen) and we wish to be joint owners and refinace the property to a much lower interest rate, using her resident and work permit (greencard ) status in the USA, please advise the legal complications to process the refinancing and if her status in USA will allow the bank to refinance it to a more favorable rate in tune with the current market ? Off course subject to her credit ratings The property is above water Current market value USD 175 - 180 k Mortgage is USD 125 k /30 years, issued in 2008 Thanks
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1 ANSWER

Probate & Trust Attorney serving Fort Lauderdale, FL at Parady & Zikakis, P.A.
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I recommend that you confer with a lender regarding whether your resident alien daughter will qualify for more favorable loan terms if she is a part owner of the property.  If the response from the potential lender is positive, then you will need to convey (via a warranty deed) the property from you to you and your daughter (I presume each as to an undivided one-half interest).  Since your facts indicate that the value of the property is under $300,000 and your daughter will continue residing at the property, you should be able to avoid the 10% FIRPTA withholding on the transfer.  Keep in mind that once your daughter is on the title, then you both have to agree to any sale or mortgage. If the property is in a condominium or an HOA that requires approval of any transfer, your daughter will also likely need to apply for approval from the association.  The foregoing is specific to the law and procedure in Florida.  This response does not constitute legal advice as the facts presented are limited and unstated facts will likely impact your particular situation. This response is intended for general education only and does not create an attorney-client relationship. Please schedule a consultation with a local attorney for more specific and detailed answers to your legal issues.
Answered on Aug 12th, 2013 at 4:33 PM

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