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90 Day FHA Flipping Rule Waived For The Next Year?

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Mortgage and Lending with American Mortgage Network NMLS 228393
As of 01/16/2010

90 Day Flip Rule has been waived for 1 year!

FHA 90 Day Flip Rule Is Waived for 1 Year

HUD has ruled on waiving the 90 day seasoning financing contingency for buyers. What does this mean? 

Effective February 1st 2010, FHA/ HUD will not require that a seller of a property be on title for 90 days or more in order to sell the property to a borrower acquiring FHA financing.  This is an incredible opportunity for the majority of buyers & sellers in today's market.

Investment Properties, Flips, Foreclosures, Short Sales

This news is an important decision handed down by HUD as it propsed to dramatically assist the real estate market recovery. (READ MORE)

 

UPDATE as of 9/23/09:
OK!! Here is the skinny on this topic.  There has been way to much attention focused on the idea that the 90 Day Flip has been waived.  After hours of tracking people down (afterall it is government) I just got off the phone directly with NSP.  The memo that was released by HUD means this:
Any Non-Profit or For Profit entity that has applied and have been approved and use NSP-2 Funds for stabilization, rehabilitation of REO properties are exempt from the 90 Day Anti-Flip Rule.  This has nothing to do with NSP Funding on the consumer level. 
However, all NSP-2 Funds restrict the investor/ seller from a profit.  The program is designed for the sole purpose of stabilizing the community.  So in the end, there isn't any reprieve for investors.  
IN SHORT:  THE 90 DAY ANTI-FLIPPING RULE STILL STANDS
____________________________________________________________________________________________________
9/22/09:  Hold onto your hats investors!!   As of September 14, 2009, FHA has ruled to WAIVE (the very well known achilles heel of the Real Estate Investor) the 90 DAY ANTI-FLIPPING RULE FOR THE NEXT YEAR!
OK! OK! It I know what you are thinking.. "Yeah right Ted!!" 

There are some stipulations of course!! You didn’t think you were going to be given your cake without using a very specific fork to dig in, did you?
The stips are not that bad, however you need to find a lender that participates and most importantly knows how to work an NSP (Neighborhood Stabilization Program) Loan.   They are known by many different names depending what part of the country you live in. Us here in Arizona have the NSP Program which is administered within the municipalities and then we have YOUR WAY HOME AZ which is administered on the State level. 
The program is designed to provide borrowers up to 20-22% down payment assistance which helps them to do any or all of the following:
  • Down Payment (although they still have to come in with 3% of their own funds)
  • Buy down the rate (lower the rate and payment)
  • Minor Repairs or replacement of stove, refrigerator, etc.. (NO THIS IS NOT A 203K)
  • Pay for closing costs
For more technical information you can go find it on the links below:
Section 203.37a(b)(2) of the FHA regulations, 24 CFR, is hereby waived for a period of one year, September 14, 2009 through September 13, 2010, with regard to sales of previously foreclosed or abandoned properties acquired and resold by for-profit and non-profit entities using funding from and performing under agreements with state and local government agencies under the NSP program. Read the Waiver online at: http://www.hud.gov/offices/hsg/sfh/hsgsingle.cfm
If you have questions of FHA's Property Flipping Waiver please email FHA at: info@fhaoutreach.com or visit: http://www.fhaoutreach.gov/FHAFAQ

Comments(13)

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Matt Grohe
RE/MAX Concepts - Des Moines, IA
Serving the metro since 2003

Ted: Thanks for the news update. I had heard some rumours but you've provided the specifics and some great links. Thanks!

Sep 22, 2009 04:13 PM
Jon Zolsky, Daytona Beach, FL
Daytona Condo Realty, 386-405-4408 - Daytona Beach, FL
Buy Daytona condos for heavenly good prices

ted,

Good to know. Soes not seem tht  thhis is a hot topic in this market, but it is great to know the news on this front.

Sep 22, 2009 04:17 PM
Ted Canto
American Mortgage Network - Chandler, AZ
Arizonan #1 Mortgage Lender

As for my business enviroment (Arizona) this is awesome news! Fortunately, my company is an authorized lender under NSP.

Sep 22, 2009 04:23 PM
Lisa Wetzel
RE/MAX Realty Affiliates - Carson City, NV
CDPE, SFR carsonvalleyland.com

Even with the regulations ... this is good news!

Sep 22, 2009 04:27 PM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Ted - I actually heard about this from my NSP program administrator last week.  I have been working with several NSP clients for the last few months and this is going to have a huge impact on the eligible properties that are available to them because we are starting to see more property flipping around here lately.

Sep 22, 2009 04:27 PM
Ted Canto
American Mortgage Network - Chandler, AZ
Arizonan #1 Mortgage Lender

It is great news.  Donne. check my other blog on investors restricted from buying a home for 15 days..  It kind of goes hand in hand with what we are discussing in this post    http://bit.ly/4ucHzq

Sep 22, 2009 04:32 PM
Patrick Harfst
Realty Executives - Phoenix AZ - Gilbert, AZ

Ted,

Very good news! Combined with your 2 week closings, this is awesome!

Sep 22, 2009 04:36 PM
Ted Canto
American Mortgage Network - Chandler, AZ
Arizonan #1 Mortgage Lender

Well this program will likely be an exception the 2 week close.  It is a bit more labor intensive.  I WISH!!!

Sep 22, 2009 04:37 PM
Sasha Miletic - Windsor Real Estate
RE/MAX Preferred Realty Ltd. - Windsor, ON

Hi Ted, Good post. Thanks for sharing.

Best - Sash

Sep 22, 2009 08:31 PM
Sasha Miletic - Windsor Real Estate
RE/MAX Preferred Realty Ltd. - Windsor, ON

Hi Ted, Good post. Thanks for sharing.

Best - Sash

Sep 22, 2009 08:31 PM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Ted - As you know, this new rule is not going to apply to all NSP eligible buyers and properties.  Here in Los Angeles county it only applies to our LIPA buyers and not our regular NSP buyers who are using FHA with their down payment assistance.

I'm still trying to find out more about your other post about Fannie not allowing investors to make offers on their properties for 15 days.  No one here in CA seems to know what I'm talking about when I call and ask.  Where did you get your info from for AZ?

Sep 23, 2009 08:29 AM
Dawn Bahr
HomeSmart Elite Group - Mesa, AZ
Raising the Bahr in Real Estate

Ted great info!  I appreciate being educated on what's happening in the mortgage world.  It's hard to stay on top of the ever changing rules.  I'm working on getting more buyers so hopefully I can send some your way.  I just found out about the Your Way Home AZ program.  Can you also do that? 

Sep 24, 2009 01:50 AM
Ted Canto
American Mortgage Network - Chandler, AZ
Arizonan #1 Mortgage Lender
Francine.. The 90 Day Rule does apply. However, it technically is 91 days after settlement date (not recording date). There is no way around it. Hope that helps. If you want you can call me too to discuss further. 480.650.8602 Mobile
Nov 05, 2009 01:06 AM