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Anti Flipping Rule Suspended - again

By
Real Estate Agent with Keller Williams

Big government regulation will step out of the way for another year. Woo Hoo!

For years, FHA would not let buyers borrow FHA money to buy a house that had been purchased, rehabilitated, and then put on the market for resale, unless the previous owner held the property for more than 13 weeks. Another case where a minuscule amount of fraud cases leads to a total ban on free market activity. Magically, all fraud disappears between the 12th and the 13th week, according to government studies I am sure.

Such a change should just be made permanent. Many neighborhoods, right here in Volusia County, are scarred with junker after junker. Instead of assuming only crooks buy, rehab, and resell homes - FHA should just get out of the way.  If you see fraud - report it.

The recent rules regarding appraisals has prevented sales due to inflated opinions, or decimated values in entire subdivisions through deflated values. Once again, the free market is the enemy and only a government takeover of the appraisal industry would make the bureaucrats happy all in the name of fraud prevention.

Remember a few years ago when short sales were being called a scam? Legislators were about to regulate short sales out of existence. The FBI came up with all kinds of anti-short sale scam scenarios including the following - anybody who can get this to work deserves to make a profit -

"Short-sale schemes are desirable to mortgage fraud perpetrators because they do not have to competitively bid on the properties they purchase, as they do for foreclosure sales. Perpetrators also use short sales to recycle properties for future mortgage fraud schemes. Short-sale fraud schemes are difficult to detect since the lender agrees to the transaction, and the incident is not reported to internal bank investigators or the authorities. As such, the extent of short sale fraud nationwide is unknown. A real estate short sale is a type of pre-foreclosure sale in which the lender agrees to sell a property for less than the mortgage owed. In a typical short sale scheme, the perpetrator uses a straw buyer to purchase a home for the purpose of defaulting on the mortgage. The mortgage is secured with fraudulent documentation and information regarding the straw buyer. Payments are not made on the property loan so that the mortgage defaults. Prior to the foreclosure sale, the perpetrator offers to purchase the property from the lender in a short-sale agreement. The lender agrees without knowing that the short sale was premeditated. The mortgage owed on the property often equals or exceeds 100 percent of the property's equity (see figure17)."

It is clear regulation and forcing lenders to make high risk loans started the bubble, now ridiculous rules regarding taxation, appraisals, and an anti-investor/anti-profit mentality is pervasive in our current government.

 FHA is calling off the dogs temporarily. Let's hope they retire them.

Show All Comments Sort:
John Novak
Keller Williams Realty The Marketplace - Las Vegas, NV
Henderson, Las Vegas and Summerlin Real Estate

I'm all for anything that brings more potential buyers into the market. We have a lot of distressed inventory in Las Vegas to work our way through before the market gets back to normal.

Jan 19, 2011 11:49 AM
John Michailidis
Real Property Management of Sarasota & Manatee - Sarasota, FL
Real Property Management of Sarasota & M

Phil, I read your post twice and I'm still not sure what the good news is . . . I'll take your word on it though. --JM

Jan 19, 2011 04:22 PM
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F

Back when FHA was first instituting this rule about 7-8 years ago, the CFRI group tried to mount a campaign against it.  FHA originally wanted investors to hold the property for 6 months but compromised at 90 days after all the objections. Glad to see they are extending this.  FHA is pretty much the only mortgage available to people that have decent credit but little to no money to put down.

Jan 20, 2011 02:32 AM
Allison Stewart
St.Cloud Homes - Saint Cloud, FL
St. Cloud Fl Realtor, Osceola County Real Estate 407-616-9904

A buyer is a buyer. In blighted areas anyone willing to step up and rehab properties is making a positive difference.  We have seen way too many short sales foiled by unrealistic conditions, private investors willing to step up and be rejected by lender investors who bit off more than they could chew and are now in the same boat as their unfortunate sellers when the reality of current market conditions proves they made yet another bad decision to finance a property too high in a market which is now way too low for recovery. While it has not happened to my firm, it has happened to many other brokers in my area.  Having said that- I hope these changes and reduced holding times will have a positive impact-as the market wants to recover...if not for the seeingly endless strings of lenders preventing it from doing so.

Jan 20, 2011 04:24 AM
Karla Casey
Karla Casey (BIC), List Sotheby's International Realty, Hawaii - Honolulu, HI
What a great topic. It's encouraged some wonderful comments. As I read through them I find myself saying, "been there," "seen that," and "I agree with that!" Aloha
Jan 20, 2011 04:34 AM
Cynthia Larsen
Cotati, CA
Independent Broker In Sonoma County, CA

Magically, all fraud disappears between the 12th and the 13th week, according to government studies I am sure.

I hope the dogs are permanently retired as well. Flippers have the resources and ability to gut a sorry home and bring it back to life. Let's let them do that. Then FHA can provide the loan for a sparkling "new" house that fits all their requirements.

Jan 20, 2011 05:18 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

I guess I am out of it.  I thought there was still a 3 month buy and sell ban on FHA and it used to be one year.

Jan 20, 2011 05:56 AM
Armando Montelongo
Armando Montelongo Companies - San Antonio, TX

Heard this yesterday and immediately told my students and colleagues. Let's hope it stays this way.

Jan 20, 2011 06:56 AM
Brad Hornshaw
Brad Hornshaw Realtor Lynnwood, Bothell, Everett - Lynnwood, WA
Realtor, Listing Agent, Buyers Agent, Investments
Hi Phil I am with you. I hate when government jumps in half cocked ..........Brad
Jan 20, 2011 07:37 AM
Kathy Sheehan
Bay Equity, LLC 770-634-4021 - Atlanta, GA
Senior Loan Officer

In the last 12 months there have been too many changes to count.  I don't expect that this year will be any different.  I am glad that investors will still be able to purchase, renovate and resell these properties.

The one thing I know... nothing is forever in this business.

 

Jan 20, 2011 09:01 AM
Kristina Heili
Keller Williams Premier Realty - Woodbury, MN
Comprehensive Real Estate Services

I fully agree with Cynthia's comment. Let's get back to the American dream of home ownership. What difference should it make if a home is rehabed according to FHA specs in 6 weeks or 13 weeks. It's rehabed and ready for its new owner. Let's keep it moving.

Jan 20, 2011 10:02 AM
Jessica Bottrell
Top San Diego Homes - San Marcos, CA

It is great that the anti-flipping law....however, we find that the lenders don't care and still require the 90 days.  So frustrating!

Jan 20, 2011 10:49 AM
Simon Mills
Mills Realty - Toluca Lake, CA

This was set to expire at the end of the month.  Did it get extended?  Your post is a little unclear.

Jan 20, 2011 10:49 AM
Angela & Stephen Hardiman / HouseTie.com
HouseTie.com - Spokane, WA
When first impressions count...

That is so good to hear! Back to staging for a few more flippers. 

 

 

Jan 20, 2011 11:04 AM
Brian Morgenweck
Power Realty Group, LLC Bergen County, NJ - Hackensack, NJ
Broker/Owner, GRI, CRS, ABR, SRS

Indeed! How do they regulate what they so obviously don't understand?!

There's an old Italian saying, which translated means...When the tail wags the dog, it's time to shoot the dog.

(And no, I'm not advocating violence...It's a metaphor!)

All the best in Daytona! Less than 2 months till Bike Week...

Jan 20, 2011 02:25 PM
DeeDee Riley
Windermere Real Estate - El Dorado Hills CA - El Dorado Hills, CA
Realtor - El Dorado Hills & the Surrounding Areas

Phil, I am just dealing with a flip property.   By the time the buyer and seller had agreed on a price and terms (several counters later), we were so close to our purchase contract being outside the 91 days that we just rewrote it. Saves my buyer the extra appraisal and who knows what hassels the lender will have for us. 

Jan 20, 2011 03:05 PM
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

How is this for hypocrisy of the federal government....Many loan mods under HAMP etc are being rejected..for some of the biggest government hypocrisy that I have ever seen.  Banks were mandated by the federal government to modify loans if they received TARP money. OK, so far. Banks are now rejecting loan mod applications because the "investor" that owns the paper does not participate in the HAMP program. Seems plausible...UNTIL you discover that the "investor" is Fannie Freddie etc..PART OF THE FEDERAL . Federal Government lends money under a condition that banks modify loan; bank sells paper to federal government. Federal government does not participate in the federal program!!!!! I posted a blog about this...

Jan 20, 2011 06:18 PM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

I'm with those who think the government should get out of the housing business. They don't know what they're doing in private enterprise so should just back off before they make any bigger messes.

You have many good comments here...

Jan 22, 2011 08:13 PM
Anonymous
Heather Rose
Great to know as the majority of my clients are flippers.....honest forthright and definitely helping our area keep it's values!!! Thanks for the info.
Jan 24, 2011 12:58 AM
#51
Sandy McAlpine
RE/MAX EXECUTIVE - Cornelius, NC
Search Lake Norman Homes For Sale - Lake Norman NC

less government involvement, the better. we need to get these homes moving!

Mar 02, 2011 12:42 AM