WTF? This story continues to spiral down and down...
http://www.tsn.ca/bankrupt-nhler-in-...-home-1.441730
The article quotes Jack's parents as stating that they sold the property to their son in September
2007 and “continued our life as it had always been as a family of four in the home following the sale of the house to Jack.”
Jack Jr was all of 20 years old in 2007. What an unbelievable set of parents those 2 have been. I get the house/leaseback issue (see below), but not the rest of this.
Yes, Jack Jr's ability to deduct mortgage interest would be of greater economic value to him than to his parents given his higher tax bracket; what was done was not improper from a legal perspective, and shifting income/deductions is done often with wealthy families in a family business in which all have a stake. However, Jack Jr's hockey career is not the family business, and Jack's parents brought no financial strength to the table.
Who borrowed the money to purchase the property from the parents?-- apparently Jack Jr. Who is liable on the promissory note? - presumably Jack Jr, not his parents. Apparently Jack Jr's parents presumed that because they had moved to Michigan (purportedly for Jack Jr), and had "sacrificed" for him that somehow they were entitled to Jack Jr's income and credit for life. Jack Jr's contract/talent were viewed as Johnson family community resources forever. Many top-level athletes buy their parents a nice home and even gift it to them outright or permit them to live in the home rent-free. But Jack's contract was not then at a top-level when compared to NBA, MLB, NFL equals. Further, they had Jack Jr BORROW the money; he did not have enough cash at that time to buy a $500K+ home from them (or for them) without a loan.
What's interesting is that the mortgage holder, upon default (and with relief from stay in the bankruptcy court) could simply foreclose. The foreclosure would likely bring significantly less than the $512K owed on the mortgage. If Jack Jr has been able to find a buyer for $575K, that will pay off the mortgage, realtor fees, and other closing costs, with little if anything left for Jack's bankruptcy estate (notice that any surplus goes to the bankruptcy estate, not Jack Jr). I am surmising that Jack Jr has continued to pay the mortgage payments during the bankrutptcy, even after his parents' misdeeds became public; otherwise the mortgageholder would be foreclosing on the property. Jack Jr isn't profiting off the sale - the purpose of selling isn't to put new cash in Jack's pocket, but to get the continuing cash flow to that mortgage cutoff. My guess is that under the circumstances it has taken months if not a year, to locate a buyer willing to A) have the contract go through the approval process in Bankruptcy Court as a public record; and B) deal with delays that might be caused in that process by Jack's parents doing exactly what they've done here by objecting to the sale; and C) deal with whatever issues remain as to "evicting" Jack's parents prior to sale. The Buyer could have simply told Jack's lawyers to engineer the mortgageholder taking the property to foreclosure, at which auction sale they likely would have paid less.
The rent-free lease wouldn't be such an issue to me, even if done at age 20, if the parents hadn't pillaged Jack Jr's other finances. I don't advise a client in Jack Jr's situation to lease or buy a house for parents at age 20 given the ELC parameters, not even on the expectancy of the next contract, but I get it. It wasn't best for Jack Jr but I get it. However, these 2 PARENTS apparently started looking at Jack's finances as their own from the get go, and it only grew worse as time went on as they saw additional opportunities (and then later saw the hole getting deeper and deeper). They were over their heads, and any mainstream lender would not have done the deals that were done here - and thus why the exorbitant interest rates and loan amounts.
An agent losing it "all" has happened to some athletes and will continue to happen - it's life that some people are greedy or fraudulent and willing to take advantge of others. However, the biggest hit here is not the money, it is the fact that it is Jack's parents who caused this. Whether out of greed, out of "repayment" or "entitlement" to them for their sacrifice, whether it started innocently enough as getting a house for mom & dad, whether they later tried to stop the train but it was too far down the track...none of those reasons or facts matter at this point as it relates to Jack Jr's relationship with his parents. He cannot ever trust them again, and his bankruptcy case puts them even more at odds on several issues (some technical), and makes the dispute public. Could you imagine if the house at issue was in Upper Arlington or Dublin - Jack would be looking for a trade out of Columbus. At least there is some geographic distance. As I've written before, while Jack Jr gets some blame for being naive, this train started rolling at or before age 19 with his parents squarely seated in the engineer's seat. Hopefully the Bankruptcy Code's theory of a "fresh start" ultimately works for Jack Jr, beyond just the dollars.