{"id":114351,"date":"2019-08-15T12:00:39","date_gmt":"2019-08-15T18:00:39","guid":{"rendered":"https:\/\/www.biggerpockets.com\/blog\/?p=114351"},"modified":"2021-03-16T14:55:23","modified_gmt":"2021-03-16T20:55:23","slug":"fannie-mae-due-on-sale-clause-changes","status":"publish","type":"post","link":"https:\/\/www.biggerpockets.com\/blog\/fannie-mae-due-on-sale-clause-changes","title":{"rendered":"Changes to Due-on-Sale Clause Silently Enacted by Fannie Mae: A Win for Investors"},"content":{"rendered":"

While changes in law can be slower than Christmas, institutions like lenders and banks can change their regulations far more easily. Sometimes even critical alterations can be made to accounts without your knowledge, because internal rules like this run in the background. So, unless you signed up for the Fannie Mae newsletter and read it closely, it\u2019s highly unlikely you\u2019ve heard the good news. Stay tuned, particularly if you\u2019re a single family investor, for updates regarding the due-on-sale clause.<\/p>\n

Frankly, the reason this is flying under the radar is because it\u2019s also legal news. Absent celebrity involvement or story-worthy crime, you\u2019re unlikely to see this kind of legal and financial news in The Economist\u2014<\/i>even below the fold. So, it\u2019s a good thing you found your way here to BiggerPockets. As of June 2019, this article is actually the first complete piece on this subject at all.<\/p>\n

Let\u2019s cut right to how Fannie Mae\u2019s regulations have changed the implications for the due-on-sale clause. These changes (so far) only affect Fannie Mae customers, but it\u2019s possible other lenders or banks will catch on and follow suit. We could be looking at legal changes depending on where the ball goes from there.<\/p>\n

Here\u2019s what we know now: Real estate investors should all take note\u2014or at least take this time to brush up on lending practices, property transfers, and due-on-sale trivia and tricks.<\/p>\n

What\u2019s Happening With Fannie Mae and Due-on-Sale?<\/h2>\n

In short, Fannie Mae simply announced some policy changes. The biggest change is that any loan secured after June 1, 2016, does not require the investor to occupy the home for it to be exempt from the due-on-sale clause. This makes owning and transferring investment properties vastly easier for the investor and allows for not only more opportunities and more profit but also some legal fee and structure savings.<\/p>\n

Don\u2019t get me wrong. You will still need an entity of some sort for a comprehensive asset protection plan<\/a>. But where the rubber tends to meet the road is when you start moving the properties into the structure, as mentioned above. Property transfer is what tends to trigger due-on-sale. But if you plan ahead and do things correctly, legally, and with sound advisers on your side, you need not worry about this little clause at all.<\/p>\n

\"\"<\/p>\n

Related:<\/em><\/strong> Are You Afraid of the Due on Sale Clause?<\/a><\/em><\/p>\n

What Does the Due-on-Sale Clause Change Mean for Real Estate Investors?<\/h2>\n

We love to openly, flagrantly mock the due-on-sale clause at my firm, calling it the Bigfoot\/Loch Ness Monster of real estate law, the bogeyman, and Bloody Mary. This time, we\u2019ll come out and say it: This mortgage clause is really the Big Bad Wolf. Everyone knows about and fears it, but they certainly can\u2019t tell you what it looks like or its alleged dangers.<\/p>\n

Peek around your favorite professional social networks and message boards. You\u2019ll see a whole bunch of due-on-sale TALK, but you’ll never find people describing how their life was ruined by violating the clause. By contrast, you\u2019ll find many a story on BiggerPockets of a life-ruining, or at least nuclear-level inconvenient, real estate lawsuit.<\/a> Investors who are regular readers of my asset protection work already know that lawsuits can be prevented\u2014so can due-on-sale issues.<\/p>\n

You\u2019ve never met victims of this clause, because they don\u2019t exist. If you looked, you\u2019d have a hard time finding someone truly screwed by due-on-sale.\u00a0<\/i><\/b>Any horror story, especially compelling ones, would either be fake or necessarily involve an AWOL attorney. That\u2019s how difficult it is to get into meaningful trouble over the due-on-sale clause<\/a>, and we\u2019ve been over the \u201chorrific\u201d worst-case scenario of a letter from the bank. You will survive.<\/p>\n

If, however, you\u2019re visiting from the future, thanks for spending your valuable time-traveling minutes to cruise by BiggerPockets and check on us. Now, go tell everyone who\u2019s about to lose money if you wish to use your powers for good. If you wish to use your powers for evil, at least have the courtesy to take it elsewhere!<\/p>\n

Why Is Fannie Mae Addressing Due-on-Sale Exemptions?<\/h2>\n

Like any business, lenders must cater to what customers want. Absent a public statement, we can only deduce or speculate intention.<\/p>\n

Investors are attractive targets for lawsuits and companies for the same reason: We tend to have money to spend. Fannie Mae knows due-on-sale clauses are a legitimate struggle industry-wide and also interfere with investors wanting their products.<\/p>\n

So, they remind investors to do business with them. They may offer us something we can use or have their ad department whip up a nice and pretty pamphlet geared toward REIs chasing success. It appears there are potentially some products aimed at investors rolling out, which I won\u2019t describe because I don\u2019t work for free. Ever.<\/p>\n

Fannie Mae is making a gesture to let us know they\u2019re trying to make lending to LLCs easier. By removing a huge barrier to REI entry\/growth, they’re luring us. It\u2019s smart marketing and frankly, a trend investors can dig.<\/p>\n

\"\"<\/p>\n

Related:<\/em><\/strong> Fannie Mae & Freddie Mac: Who Are They, Why Do They Exist & How Exactly Do They Work?<\/a><\/em><\/p>\n

What If My Student Loans Came From Fannie Mae? Does That Change Anything?<\/h2>\n

Some of you may have another Fannie Mae product. Really, it\u2019s likely one: student loans. Or more precisely, the company owns your student loan debt, either because they issued the loan in the first place or they literally bought it.<\/p>\n

For a lender, other people\u2019s debt is basically an asset. But we\u2019re guessing if you\u2019re reading this, you may be like most people connected to Fannie Mae. The sole debt you\u2019re likely to walk in with by adulthood is student loan debt, possibly directly from the lender you wish to approach on real estate matters.<\/p>\n

But even if you owe Fannie Mae for school, their regulations still apply to you. Barring irresponsibilities like defaulting on prior loans, you should be able to use other financial products<\/a> from them or any lender. Real estate and small business loans count, and it starts with forms to fill out. You\u2019ll certainly be submitting a new application, and here\u2019s to hoping your finances are more impressive than in the college days.<\/p>\n

In fact, most lenders WANT repeat business. Companies as large as Fannie Mae have tons of resources, including sharp marketing departments. Marketing departments love their data and will watch you like a hawk (or better yet, have some robots do it and report back). You can count on the big lenders knowing at least these things:<\/p>\n