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Forums » General Foreclosure & Pre-Foreclosure Forums » Fannie Mae owned property , flipping rules ?

Fannie Mae owned property , flipping rules ? Subscribe to Fannie Mae owned property , flipping rules ?

24 posts by 14 users

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I looked aroung Google for rules about flipping a Fannie Mae owned property .

I know HUD has rules about buying HUD properties as a owner occupied or as an investor .

My question is , can an investor buy a Fannie Mae property , then try to flip it while holding the property for as short a period of time as possibe ?

I couldnt find any holding period requirements or preferences being give to owner occupied Fannie Mae properties ?

I know at one time Fannie Mae would not back a mortgage
on a property that was owned by the same person for less than 3 months. I think they rescinded this rule recently, thou I'm not sure about that .

So, can an investor simply buy a Fannie Mae owned property and then attempt to flip it without any holding period requirements ?

I'm thinking yes , thou not very sure with my answer.
I'm hoping someone can clarify this for me .

Thank you in advance for any info and responses .


Real Estate Consultant · California


I also tried to look this up on Homepath.com and using Google. Could not find an answer but although not 100% sure I believe the investor must hold the property for 90 days?


Real Estate Investor · Rochester Hills, Michigan


They will put a 90 day deed restriction on the property unless you negotiate it down. I just locked up a FNMA property and got the deed restrictions to 30 days. I have been able to get it to 0 as well. All depends on the people involved.


Real Estate Investor · Toledo, Ohio


The one (Fannie Mae) we are buying says we can't sell it for over a certain amount before 90 days. I wonder why they do that? This is what our addendum states:

Grantee herein shall be prohibited from conveying captioned property to a bonafide purchaser for value for a sales price of greater than $XX,000 for a period of 3 months from the date of this deed. Grantee shall also be prohibited from encumbering subject property with a security interest in the principal amount of greater than $XX,000 for a period of 3 months from the date of this deed. This restriction shall run with the land and are not personal to the grantee. This restriction shall terminate immediately upon conveyance at any foreclosure sale related to a mortgage or deed of trust.


Real Estate Investor · Rochester Hills, Michigan


Hey Kel - you say "the one we are buying" as if it were still in progress.

Even after you do the signed agreements you can have your Realtor / broker / whomever submit an addendum to get that deed restriction lowered. I would do one for 0 days and settle for anything you get :)

Getting it reduced to 0 really isn't a big deal and getting it to 30 happens almost all the time.


Real Estate Investor · San Clemente, California


There is legislation soon to be presented to the government "all-knowing" powers on the stupidity of these rulings. Some of them are being looked at by attorneys as well as a class action (I haven't verified this as truth, just heard it from a few investors) as it appears to be a violation of certain rights.

There is a great guy by the name of Bruce Norris (in CA) www.thenorrisgroup.com who is actively attemtpting to get the legislation changed to do away with seasoning issues all together. Sign all those petitions that are out there and/or make your voice heard to his group!

We all know that in a down market, what kick starts the economy is the willingness investors have to purchase properties. When will THEY realize this?


Rehabber · Santa Clarita, California


Go Bruce! He is great, and an influential man of action.
Hope something is done about these stupid seasoning rules. They do NOTHING to prvent more foreclosures, all they do is hinder investors from helping out the communities these run down homes are in.

Small_barnardenterprisesWill Barnard, Barnard Enterprises, Inc.
E-Mail: info@barnardenterprises.com
Website: http://www.barnardenterprises.com
info@barnardenterprises.com


Real Estate Investor · ten mile, Tennessee


The "new" agency being established has control over fannie and freddie which makes all their regulations the same as FHA also under their control.

This would mean a 90 day seasoning rule. But there is also talk about that 90 day seasoning being put on a one year "hold" back in 2008. These regulations may not have taken affect since everything I found in the FHA guidelines actually refer back to 2007 even though they are dated 2008.

I do hope these changes are indeed comming, but even if enacted now, the real question is how long before they become implimented?


Real Estate Investor · ten mile, Tennessee


I may have finally found something on this. But the one year date started june 8, 2008, which means it has just expired.

Anyone know if there are plans to extend it?

I am working on getting permission to reprint the whole article so for now I will copy and paste here only the summary from the FHA Assistant secretary for Housing-Federal Housing Commissioner which should give everyone a name to contact for the REAL STORY and why everyone is still having problems if the seasoning rule was suspended.

WAIVER
Section 203.37a(b)(2) of the FHA regulations, 24 CFR 203.37a(b)(2), is hereby waived for a period of one year from today's date with regard to sales of properties acquired by mortgagees, whether sold directly by the mortgagees or by their subsidiaries or by vendors to whom they have transferred titles to properties for the purpose of effectuating sales of those properties.

Brian D Montgomery
Assistant secretary for Housing-
Federal Housing Commissioner

Issued June 9, 2008


· Select a State


If you're an Investor, page 6 under "Deed Restrictions" to the FNMA Purchase Addem. must be completed with 120% of the purchase amount for 3 months. Property can't be sold for more than that amount for a period of 90 days.


Real Estate Investor · Atlanta, Georgia


If you are wholesaling and never get the title does this deed restriction still apply? Can you use an LLC?


Real Estate Investor · Miami, Florida


I just met with my r.e. attorney on saturday and I am meeting with him again tomorrow afternoon and he was telling me that they have now pushed the 3 month restriction to 6 months.

I am meeting with him again to review this scenario a bit more along with other topics. I will keep you all posted if I hear anything different from these posts....

Good thing he is a partner of mine, so I dont have to pay him a dime! =)


Real Estate Investor · Newport Beach, California


Don't forget to take into consideration the crowd you plan on selling it to. A lot of lenders are pushing back on buyers and sticking to the last sold price for up to a year. For example: FHA will use the last sold price regardless of the appraised value for 6 months...prevention of house flipping.

and so on...

The Agent Center


Real Estate Investor · Miami, Florida


Why would you even try to sell to an FHA buyer within your 90 day period. Just flip it to a cash buyer as a double close.

Yes, the deed restriction is 90 days, but you can still sell as long as you are 120% of your purchase price. So why not flip a few to some cash buyers!

My 2 cents! =)


Real Estate Investor · San Clemente, California


It is true... 6 month seasoning on FHA/VA now. That precludes that you even need an FHA buyer. You can always insist that it can't be a buyer who needs FHA lending when you find your end buyer. There are many other options to getting an approved short sale/REO double closed.


Real Estate Investor · denver, Colorado


I have recently purchased 3 REO properties from Fannie Mae that came with a deed restriction. An addendum to purchase contract (tied to property not buyer) limiting the sale of the home within a 90 day period to 120% purchase price. Not that big of deal if you are in the FHA price point & market.


Real Estate Investor · ten mile, Tennessee


Which one are you speaking of?

Deed restriction?
or
An addendum to purchase contract?

These are two different things.


Real Estate Investor · denver, Colorado


I have recently purchased 3 REO properties from Fannie Mae that came with a deed restriction. An addendum to purchase contract (tied to property not buyer) limiting the sale of the home within a 90 day period to 120% purchase price. Not that big of deal if you are in the FHA price point & market.


Real Estate Investor · denver, Colorado


I have recently purchased 3 REO properties from Fannie Mae that came with a deed restriction. An addendum to purchase contract (tied to property not buyer) limiting the sale of the home within a 90 day period to 120% purchase price. Not that big of deal if you are in the FHA price point & market.


Real Estate Investor · denver, Colorado


The deed restriction was included in my addendum to the contract on every property. I was trying to copy in the paragraph from the addendum but seems I cannot.


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