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‘I’m flabbergasted’: My friend wants to borrow $5,800 to save his home from foreclosure. What should I do?

Quentin Fottrell

4 min read

“Somehow, on his mortgage, it still has her name.” (Photo subjects are models.)

“Somehow, on his mortgage, it still has her name.” (Photo subjects are models.) - Getty Images/iStockphoto

OK, I’m flabbergasted.

I have a friend who just asked me for $5,800 because he’s in arrears on his mortgage and they’re planning on doing a sheriff sale. So I was thinking about loaning him the money, because he’s been a good friend of mine and I hate to see him lose his home, as he has no savings.

He is legally separated from his wife. They wrote up a separation agreement declaring that the house that he was buying was his and the house that they had owned jointly was hers. She sold her house and bought another. Somehow, on his mortgage, it still has her name.

If I loan him money, I wouldn’t be able to place a lien against his property if it has her name on it, correct? I previously loaned a friend $7,000, and she later died. What would be my recourse if this friend failed to pay back the loan or if he died?

The Friend

Related: ‘My house and car are paid off’: I have $1 million in stocks — so where do I invest $100,000?

Only loan money that you are surreptitiously giving as a gift. 

Only loan money that you are surreptitiously giving as a gift. - MarketWatch illustration

You are looking for trouble.

If you are flabbergasted, you have your answer. Loaning money to friends, wondering whether a $5,000 loan would enable you to put a lien on a friend’s house to get your money back, a lost $7,000 to another friend who sadly passed away: Listen up, Friend, life is hard enough as it is. Bad things — debt, death, taxes — happen. They will come and find you when they’re good and ready. In the meantime, enjoy the good times, smell the roses and enjoy a simple, uncomplicated life. That does not include lending more money to friends than you can afford to lose.

If your friend is at risk of losing his home, that’s a sad turn of events. We might all wish to help, and each case should be judged on its own merits. But from what you say, it does not sound like $5,800 will solve his problems in the long term — and your comment about whether you could put a lien on his home suggests that you are not the best of friends, in any event. You should only loan money that you are surreptitiously giving as a gift. You won’t see this money again.

Your friend has gone through a messy divorce. If his former spouse’s name is on the mortgage but not on the deed to his home, she’s in a bad spot. She’s still responsible for the mortgage and, if your friend defaulted on the loan, she would be liable, and her credit score would take a serious hit. But short of sending his ex-spouse a postcard to alert her to the potential legal and financial jeopardy, I’m not sure you can help. Don’t get involved in another couple’s problems.