Posts by gentleraven3

Steven Young23 said:In all honesty, I find it baffling that in this day and age, one still needs to be convinced that an apartment should come with at least one parking spot—whether it's for the resident or for guests arriving by car. You'll eventually realize the necessity once you get older and children start visiting.

You are conflating the purpose of the loan (in this case, residential) with the method of securing repayment (the mortgage). If you are co-owners of an undivided interest, there is no distinct individual unit upon which a bank can place a lien; the lien applies to the property as a whole. This is precisely why you need the signature and consent of all co-owners to secure a mortgage—it is to place an encumbrance on the entire structure. Of course, loans are available without a mortgage, though they typically involve much smaller amounts. Regardless, it would be prudent to consult with some local banks; it costs nothing but a bit of your time.

So, I actually had a fully finalized, permitted, and approved project for two garages on my lot—all set before I even pulled the trigger on the attic remodel and rezoning. Total stroke of luck, right? I had absolutely no clue that rule even existed in the local zoning code... what a joke.
Look, I agree—garages are great. But they aren't some absolute requirement just to build a multi-story house. If they pushed for that extra space, my guess is it was just to keep people from choking up the street by parking everywhere. But honestly? That’s exactly the headache on my block. Everyone has a garage or a driveway, yet you still have to play a game of slalom just to drive down the street because everyone parks on the curb anyway—usually because their garages are stuffed with junk they don't need. Then, when winter hits, you can't even get a snowplow through the neighborhood because of the mess.
Look, check this out—the house has three separate units, but officially? There isn't a single garage or parking spot on record. When it comes time to actually subdivide the property and file the paperwork, I’m seriously worried about how that's going to play out...

Steven Young23 said:In all honesty, I find it baffling that in this day and age, one still needs to be convinced that an apartment should come with at least one parking spot—whether it's for the resident or for guests arriving by car. You'll eventually realize the necessity once you get older and children start visiting.

You are conflating the purpose of the loan (in this case, residential) with the method of securing repayment (the mortgage). If you are co-owners of an undivided interest, there is no distinct individual unit upon which a bank can place a lien; the lien applies to the property as a whole. This is precisely why you need the signature and consent of all co-owners to secure a mortgage—it is to place an encumbrance on the entire structure. Of course, loans are available without a mortgage, though they typically involve much smaller amounts. Regardless, it would be prudent to consult with some local banks; it costs nothing but a bit of your time.

What happens if all the co-owners sign that mortgage insurance consent for the person who actually took out the loan? Now, let’s say the house gets split into three separate condos in the meantime, everyone gets their names on the titles, but the bank doesn't get paid—so now she’s basically sitting on the whole property. Which part does she actually have the right to lien? Just her share, or the entire thing?

Benjamin Taylor6 said:Don't tell me you're actually worried about catching a case of the Vukić family syndrome: 😬

It all comes down to the bank's requirements. If the property isn't legally subdivided into individual units, then yeah, it's standard procedure for every co-owner to sign off on a mortgage covering the entire structure.
But, if the house is properly subdivided, then the mortgage only applies to that specific unit.

If that turns out to be true, we’re looking at a total disaster... 🤦

Steven Young23 said:To change the usage of a space or handle any additions, hiring an architect is non-negotiable. You also need professional help to navigate the parking requirements; there are various ways to satisfy those mandates, but you won't know which ones apply until you've pored over the entire municipal code and zoning resolutions. Don't take those parking stipulations lightly—you'll eventually be the one needing that space, and more often than not, a single spot ends up being insufficient.
Regarding the loan, if you intend to use the property as collateral for a mortgage, you will need the formal consent of all co-owners of the property.

Look, if you're even thinking about breaking ground on a construction project, you obviously need an architect. Period.
When I said you should talk to an architect first—I meant actually getting some expert insight on your specific situation before you even think about breaking ground.

Look, there are plenty of other ways to tackle parking—it really just depends on the neighborhood, the type of building, and what the local situation looks like. Why stick to one method when you can adapt?

What exactly do you mean by "Don't take that clause lightly..."?
It’s honestly ridiculous that you NEED a garage or a parking spot just to get approval for adding a second story to a house. Who actually cares? If the owner doesn't own a car—or if they just can't stand being around motorized vehicles—that shouldn't be anyone else's problem. Does it really matter if they even have a driver's license? It's such a joke.

Steven Young23 said:To change the usage of a space or handle any additions, hiring an architect is non-negotiable. You also need professional help to navigate the parking requirements; there are various ways to satisfy those mandates, but you won't know which ones apply until you've pored over the entire municipal code and zoning resolutions. Don't take those parking stipulations lightly—you'll eventually be the one needing that space, and more often than not, a single spot ends up being insufficient.
Regarding the loan, if you intend to use the property as collateral for a mortgage, you will need the formal consent of all co-owners of the property.

I haven't looked into those loans yet... Is this a mortgage or just a standard home loan? Because I’m not following—if you need consent from all co-owners, that means the entire property goes up as collateral, not just your 1/3 share. Does that mean if someone defaults and the bank forecloses, they can just seize the whole house regardless of the fact that the other two owners hold the remaining 2/3? Or am I missing something here? 🤔

Benjamin Taylor6 said:Your parents could always just deed you a portion of the house. For example, they could give you a third of the property if you were the one who paid for the extra floor, effectively making it three units (the ground floor plus two levels). You can sit down with them and sign whatever specific interest they want to gift to you.
You’d be able to register yourself as owning, say, 1/3, though it wouldn't be officially subdivided into separate legal parcels yet.
My wife actually did something similar back before we started renovating her parents' old house.
Doing that ensures you aren't left high and dry if something happens to your parents.

Once you've secured your stake, there's no massive rush with the permits, the architectural plans, or the formal subdivision... and so on.
But you have to realize—until that subdivision is finalized, getting a loan for your specific portion is going to be nearly impossible.
Technically, you could try applying for a loan if you own a third, but you'd likely have to do it jointly with whoever owns the remaining 2/3.

When you guys were building, did you actually add a new level or just convert an attic into living space? Or was the top floor already listed as an apartment?

I'm guessing you've already finished the renovation. Did she manage to pull a mortgage from the bank (if you went that route)? Since she gained ownership through the deed of gift and registration, which is usually a requirement just to qualify for a loan in the first place?
Asking because I'm staring down a similar situation myself.

Also, here's a major thing if you eventually decide to go through with formal partitioning...
You really need to dig into the local zoning laws. In my case, I can't partition the third floor because it's currently zoned as storage, and according to our local ordinances, every apartment needs its own dedicated parking spot.
Best bet is to run it by an architect or check in with City Hall to see what the actual options are.

Steven Young23 said:Are you suggesting he's being gifted what, exactly?
An unfinished floor?
It is entirely possible to gift an undivided interest in a property—say, a 1/3 or 1/2 stake in a house—just to provide some sense of investment security for family members. Once the building is actually functional, they can then proceed with a formal subdivision to match the actual square footage.

Exactly—it's a gift. You can write just about anything into a deed of gift. You can define his specific portion clearly and then tie it back to the official floor plan later. It could be the attic, a floor being built, the 2nd floor... whatever. If necessary, attach the building permit so there's no legal mess down the road. Since he doesn't own the place, the construction permits and blueprints have to stay in the owner's name, not his. But if he wants real protection, he can request a change of developer and get his name added to the permit.

That's the point—he needs security so his investment isn't snatched away. Like, imagine he drops a massive amount of cash to build an apartment, but meanwhile, some relative takes out a huge mortgage or causes major financial damage they can't pay back. Suddenly, creditors are knocking on the door, and our guy is stuck fighting a losing battle in US courts trying to prove what's actually his.

I'm no expert, but those are the moves.

Why wouldn't you just draw up a gift deed with your family? Simple. They list the specific portion or floor being gifted to him right there in the document. Once that’s notarized, you take it down to the county recorder's office to get registered as a co-owner of the entire property. Then, once the construction is finished and he pulls the certificate of occupancy, he handles the condo platting—that way, his exact unit is officially defined and locked in.