Special offer

Corporations, LLCs, and Trusts need not apply

By
Real Estate Broker/Owner with Riverbend Realty, Cape Girardeau, MO 2004008944

 Owner occupants are given preferential consideration in the purchase of a Fannie Mae owned property. But the buyer or buyers must be individuals. Corporations, LLCs, and Trusts need not apply. Fannie Mae's policy is that entities are always considered investors. As such, they must wait until after the FirstLook period expires and are not given owner occupant status.
Buyers who are owner occupants are asked to sign a statement, the Owner Occupancy Certification. Buyer's agent and listing agent must Investoralso sign the document. An owner occupant is a person who plans to occupy a property as their primary residence and will move in within 90 days of closing. Misrepresentation on the form is subject to up to $10,000 fine. Below is one of the most frequently asked questions. The answer, below, is taken verbatim from the Homepath.com FAQs:

I am buying a Fannie Mae property for a (son, daughter, mother, relative). They will occupy the property as their primary residence. Are they considered an owner occupant?
A person is considered an Owner Occupant if they will occupy the property as their principal residence and are listed on the contract, deed, mortgage (if applicable). A corporation, LLC, or trust that purchases Fannie Mae property is considered an investor even if the intent is to occupy. If the house is purchased jointly, at least one of the co-purchasers on the contract, mortgage, and deed must be an owner occupant.


What happens if a buyer goes under contract as an individual and then decides to change the name to that of an entity (Corporation, Trust, or LLC)? Fannie Mae will, most likely, insist on cancellation of the prior contract and will not usually agree to amend the name. If the contract was ratified during FirstLook, the property will then be returned to market in a FirstLook status--locking out investor buyers until that has expired.



Posted by

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If you are looking for a foreclosure in Cape Girardeau, Perry, N. Scott, or Bollinger counties, I am the region's most experienced REO agent. As the area's ONLY Fannie Mae direct listing agent, I list more foreclosure properties than any other agent in this MLS. I am among the few local agents approved to both list and sell HUD properties. Give me a call if you are looking for help with the purchase of a foreclosure property.

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http://www.homepath.com/  for Fannie Mae properties

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Comments (6)

Dr. Paula McDonald
Beam & Branch Realty - Granbury, TX
Granbury, TX 936-203-0279

A good reminder for these Investors.  So many don't know that they cannot do this.

Nov 04, 2012 09:46 AM
Liz Lockhart
Riverbend Realty, Cape Girardeau, MO - Cape Girardeau, MO
GRI, Cape Girardeau Real Estate

Paula~Many buyers who intend to occupy want to make their purchases in the name of an LLC. They are shocked, and their agents are argumentative, when they find that Fannie Mae considers them investors. Occupancy is not as simple as it might seem in that scenario.

Nov 04, 2012 09:52 AM
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

Liz I have been asked this very question a thousand times and it's always been the same answer! Great post and so good to continue getting this information out to the public and agents who don't understand this issue.  We're not the ones making the rules folks - we're really not!

 

Featured in BananaTude


Nov 04, 2012 10:30 AM
Liz Lockhart
Riverbend Realty, Cape Girardeau, MO - Cape Girardeau, MO
GRI, Cape Girardeau Real Estate

Thank you, Anna, for the Bananatude feature! Your point about who makes the rules is very good. The rules, by the way, for Fannie Mae listing agents are now over 300 pages long...

Nov 04, 2012 10:48 AM
Kathy Sheehan
Bay Equity, LLC 770-634-4021 - Atlanta, GA
Senior Loan Officer

Just went three rounds with this last week on a deal.  Warning, do not misrepresent the occupancy status.  It isn't worth the penalty.

Nov 05, 2012 08:32 AM
Liz Lockhart
Riverbend Realty, Cape Girardeau, MO - Cape Girardeau, MO
GRI, Cape Girardeau Real Estate

Good advice, Kathy! Fannie Mae is pursuing fradulent owner occupancy statements. The fine is $10,000, and buyers essentially agree to that fine by signing the Owner Occupancy Certification.

 

Nov 06, 2012 11:51 AM