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FHA Tip on Seasoning Issues - Don't Delay Closings

By
Mortgage and Lending with Independent

FHA Seasoning

 

With the increase in FHA production in the last few months, there has been a lot of confusion on seasoning issues. 

With the market being a great investment for investors wishing to buy and sell houses, theres a major factor that gets overlooked many times.

Please arm yourself with knowledge so you won't delay a closing or lose out on a lot of money.

  • Financing through a FHA deal the seller must own the property (be the owner of record) for at least 90 days before he can sell the property. (He can go to contract on day 91 of ownership, not before.)

Please keep this in mind if you are a potential buyer or seller wishing to utilize FHA financing.  FHA loans have been a great tool in Homeownership and it can be very easy to miss this important factor in haste of transactions.

Realtor's make it a habit to ask the seller how long they have been on title which could save you delaying loan closings.

There has been an overwhelming response with investors lately not knowing about this guideline and I hope this quick tip helps makes future transactions more smoothe.

As they say "Knowledge is Power"

 

*************UPDATE*************    06-16-2008 Hud News   *************UPDATE*************

"FHA EXTENDS FINANCING FOR IMMEDIATE PURCHASE OF FORECLOSED HOMES
Measure seen to bring stability to home values and accelerate sale of vacant properties"

"In an effort to stabilize declining home values in certain neighborhoods, the Bush Administration today announced on Friday a temporary policy that will extend government-backed mortgage insurance and allow for the immediate sale of vacant foreclosed properties. "

Looks like this temporary policy change will remove the 90 day rule only for foreclosed homes.  This policy change is only temporary and will remain in affect until the admin decides to change it in the future.

 

______________________________________________________

Just-In-Time's Loans - Mortgage Needs and Advice on Time. (757-228-3668)

Comments(24)

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Sherri Sherpy
iLoan
NMLS #287770

Thank you, Justin!  That's is a great tip to remind everyone of.  Here is a question that I have had opposing answers on...What about bank owned properties???  With all the foreclosures, does the bank also need to be owner of record for a min. 90 days?  (I just don't want to have to call FHA Connection and sit on hold for 1/2 hour!)

May 29, 2008 03:19 PM
Justin Williams
Independent - Virginia Beach, VA
Loan Officer

Bo - Habit is key, thanks for commenting !

Marc - Another great reason why FHA is king nowadawys :)

Richard - Thanks for stopping by!

May 29, 2008 03:24 PM
Justin Williams
Independent - Virginia Beach, VA
Loan Officer

Naoma - hehe thanks, glad you like it!

Rich - Great Question!!  A Seller that inherits the property does NOT have to wait the 90 day mark :)  Just recently had one ^_^

Tina - Thank you very much!  Yes a lot of co-workers have went through the same obstacle so I had to write about this post!

May 29, 2008 03:28 PM
Justin Williams
Independent - Virginia Beach, VA
Loan Officer

Sherri - Hi Sherri, glad to see a new face to my blogs.  Hopefully I can catch you before you had to call FHA connection ;)

Well here it is because I had one come up last month, great question!

Bank Owned Properties are ok to sell before 90 days

Mortgage Owned Properties are restricted to the 90 days

Mortgage Company owned by a Bank (i.e WellsFargo) are ok to sell

The rule written for the FHA guideline is VERY VAGUE regarding this transaction and 90% of the time relies heavily on the lender.  But the overall consensus is the above.

Hope this helps!!

Great Questions so far!!!  Keep em coming!

May 29, 2008 03:33 PM
Justin Williams
Independent - Virginia Beach, VA
Loan Officer

FOLLOWUP - A list of more exempted Sales provided by §203.37a: http://portal.hud.gov/fha/reference/ml2006/06-14ml.doc

· Sales by HUD of its Real Estate Owned


· Sales by other United States Government agencies of single family properties pursuant to programs operated by these agencies.


· Sales of properties by nonprofits approved to purchase HUD-owned single-family properties at a discount with resale restrictions.


· Sales of properties that are acquired by the sellers by inheritance.


· Sales of properties purchased by employers or relocation agencies in connection with relocations of employees.

· Sales of properties by state and federally charted financial institutions and Government Sponsored Enterprises.

· Sales of properties by local and state government agencies.

May 29, 2008 03:38 PM
Jackie - computer-training-atlanta.com
770.498.7333 - Atlanta, GA
Learn to leverage technology to get more done.

Justin - I thought that the waiver of the 90-day rule is only for bank or lender-owned properties? In other words, if a RE investor owns it, he or she still has to wait the 90 days?

Aug 08, 2008 09:38 AM
Denise Allen
Resh Realty Group - Chesapeake, VA
Realtor@ Chesapeake, Hampton Roads

Why would 90 days be the deal breaker and 89 days.  I guess you have to have some numbers to put in there.

Aug 08, 2008 02:13 PM
Justin Williams
Independent - Virginia Beach, VA
Loan Officer

@ Mike - Seasoning is based upon how long have you had ownership for the house regardless if you have a mortgage or not.  You are right about a general vague rules they put forth and again its mainly relied upn the lender to make final decisions.

@ Jackie - The waiver applies to Foreclosed properties only.

@ Denise - well actually you can't even write a contract until the 91st day if the owner owned it less than 90 days.

Aug 08, 2008 02:22 PM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Justin... glad that you came back to add the update, in regards to foreclosures.  So many people heard the new update, but didn't know that it just applied to foreclosures. And so many people are asking why they even have a 90 day waiting period. There are several reasons. one is that they are trying to keep fraud down of flipping property between investors. It becomes a combination of what I just mentioned and several other things.  nice job....

jeff belonger

Aug 10, 2008 02:09 AM
Justin Williams
Independent - Virginia Beach, VA
Loan Officer

@ Jeff - Thanks for commenting, I completely agree that there are still many questions out there why these guidelines are in place in the first place but the reasoning behind this is to prevent fraud.

Aug 10, 2008 05:03 AM
Richard Baggett
AFI Mortgage - Lake Charles, LA

Great post

Aug 15, 2008 04:19 AM
Tina Merritt
Nest Realty - Blacksburg, VA
Virginia Real Estate

Justin,

As usual, you are a wealth if accurate information.  That's for the update and clarification!

Tina in Virginia

 

Aug 20, 2008 02:26 AM
Justin Williams
Independent - Virginia Beach, VA
Loan Officer

@ Richard - thanks!

@ John - Good insight, who knows maybe the 90 day rule will be removed completely ,we will see.

@ Tina - Thanks for commenting and thanks for the compliment :)

Aug 25, 2008 04:38 PM
Justin Williams
Independent - Virginia Beach, VA
Loan Officer

@ Steve regarding Question - nope the new rule applies to foreclosed homes so your 90 day will be waived, see above for updated article.

Sep 13, 2008 04:32 PM
Justin Williams
Independent - Virginia Beach, VA
Loan Officer

@lane - Hello there. The seller's best interest is to get a new addendum to extend the financing otherwise you can walk away from the deal simply by stating this purchase doesn't qualify for FHA financing due to the 90 day rule.  I would ask the seller to get the addendum if he refuses then you can ask your lender for the denial letter due to the 90 day rule and show that to the seller to walk away from the contract.  The other option would be to get a conventional or va financing which requires no seasoning and get a new addendum for that.

Dec 30, 2008 07:24 AM
Jean DiDaniele
Coldwell Banker Harbour Realty - Onancock, VA

Hi Justin!

I have a contract on a home which  I am the owner/listing agent.  Purchased in January, worked our butts off and hired contractors for the rest and relisted the home in Feb.  Received a contract for a 4/1 closing ( FHA of course) which we now know can't happen because of the 91 day rule.  My question is can any of the paperwork (contract, appraisal (x2) deed search etc) be done now or does the entire process starting with the contract have to occur after the 91st day?

Mar 17, 2009 02:18 AM
Justin Williams
Independent - Virginia Beach, VA
Loan Officer

@Jean

Hi Jean.  you can definitely get stating on the processing of the paperwork right now and the only stipulation is that it must FUND on the 91st day..so all and all you should be fine just can't close till then.

Mar 17, 2009 04:46 AM
Jean DiDaniele
Coldwell Banker Harbour Realty - Onancock, VA

Hi Justin,

I'm going to give you a call because as it turns out the buyer of the property is getting her mortgage from your company and the loan rep said we can not sign a contract until the 91st day?

Mar 23, 2009 09:46 PM
Justin Williams
Independent - Virginia Beach, VA
Loan Officer

@Jean

Sure, feel free to call.  To answer your concern, its really up to all the parties involved, Yes you can start all the paperwork (I have before) KNOWING that you can not fund until the 91st day but can not sign the contract until the 91st day.  So what that means is get all the clients Income & assets together.  Get all required signatures & payoffs, have everything pre-ready so when its time on the 91st day, you will be ready.

Mar 24, 2009 01:05 AM
Jean DiDaniele
Coldwell Banker Harbour Realty - Onancock, VA

Thanks Justin,

I think that answers my questions.  The mortgage rep ( from Prosperity )  has already met with the buyer and has all the documents she needs from her so i guess we will sign the contract on day 91 and go from there.  

Given the  current market this rule seems a bit out of date. 

I went in to a foreclosed home with my $$$$ fixed it up with my $$$$ and am selling it below anything else of its kind yet I have to wait 91 days - do they really want to stimulate the housing market?  Makes ya wonder.......

Mar 24, 2009 04:31 AM