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Michelle Leonard

IS FHA Anti Flipping Rule Still in Place??

By: Michelle Leonard
Thursday, September 25, 2008 8:57 AM

Earlier this year on a painful transaction, I learned...

  1. On an FHA deal, the seller must own the property (be the owner of record as reported by the recorded date on public records, NOT the day that seller closed on  the house) for at least 90 days before he can sale the property to an FHA buyer (He can go to contract on day 91 of  seller ownership, not before.) The days start from date recorded for seller purchase to the start date on the buyers agreement of sale. (NOT closing date to closing date). If this is 90 days or less, the property is ineligible for FHA financing (unless you write your AOS with beginning date on 91st day).
  2. If the seller owns the property between 91 & 180 days AND the new purchase price exceeds 100% of the seller's original cost seller paid to purchase it (as per public records recorded sale price) FHA requires the lender to obtain a separate second appraisal.  Loan amount will be based on the lower of three: AOS purchase price or lowest appraisal value.
  3. 181 days or more: no problems with this rule. One appraisal as normal.
  4. This is a hard and fast rule set down by FHA (and therefore applies to any lender). Exceptions to this rule apply on most Bank REO sales and HUD PDs (HUD sales).  Also, exceptions (with appropriate documentation) are usually granted on relocation sellers, estate sales, inherited properties, and nominal transfers (where the seller bought the house more than 1yr ago but added spouse to title/deed sometime within the last 180 days).
  5. Realtors  can easily check for this upfront by checking the property in public records in trend (just look to see the recorded date for when the seller bought the property  (not the actual settlement date) and compare it to the start date on the AOS you are writing for the FHA buyer . If the time frame is more than 180 days, you don’t need to worry about this rule. If its less than 180 days, you'll want to take into account the above if you are dealing with an FHA buyer.

BUT I heard that this had gone away since earlier this year. What are the current rules??

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Comments

Vance Remele
Member Since '04

Vance Remele said:

FHA underwriting guidelines require the seller to have held title for 90 days. You can close on day 91 or something like that. It's one of their little anti-flipping clauses.

But in todays market Flipping is almost out of the question..

Vanceflip

September 25, 2008 3:36 PM
Leo Gauthier
Member Since '07

Leo Gauthier said:

Hi Michelle

The rule is still in effect.

The rule was relaxed only for the benefit of lenders other that those originally stipulated in the directive from FHA.

However, I just closed a transaction the has CountryWide (aka BofA) as the new lender. The property had been purchased at foreclosure sale by an investor, rehabed, put on the market, and went into escrow.

We were at the doc's ordering stage when the FHA underwriter noted that the propery had not been held by the investor for 90 days according to the recording date on the Trustee's Deed of Sale.

They asked us to re-write the contract of sale using the recording date as the minimum state date on the contract.

We pointed out that the actual date of sale as noted on the Trustee's Deed was approximately 2 weeks earlier than the recording date.

(It takes this much time for the written T.D. Deed to be mailed to the investor after the sale.)

We reviewed the FHA rule and pointed out to the lender, after we had the title company verify the documentation, that, the rule does NOT require the date of recording as the start point.

We stated that the actual date of sale and transfer of ownership took place on the date of the Trustee Sale at Auction.

The lender apparently checked out our assertion, and as a result, were able to close the transaction utlilizing the trustee's sale date as the start point for the contact of sale, not the recording date.

Note, this was a propety that had sold at public auction, and properties not sold at public auction may have a different result.

Leo G.

October 4, 2008 8:04 AM

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Michelle Leonard
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Michelle Leonard
Member Since '06

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