Owner Occupancy Clause relief

[Jordan G.]

Hello,

My Wife and I refinanced our home with an Owner Occupied loan 4 months ago. The language appears to be standard, 12 months occupancy unless Lender otherwise agrees.

At the time my wife, a pilot, had recently been awarded a transfer to a domicile about 100 miles away, which was closer than her previous 180 miles, which she drives each way about 8 times a month. We like where we live and considering the number of times she has to drive, thought this would be a good long term plan to stay. This new drive has proven to be more burdensome than we had thought due to traffic and we are thinking of moving closer to her new airport.

We would be moving about 75 miles from our current location and would plan to Rent out our home and be renters for a while in the new city.

In the forums experience, would this situation get acceptance from a lender so soon in to the 12 month Occupancy clause? And do we risk anything by asking permission, i.e. if denied can we just wait out the remaining 8 months and do as we please?

Thanks for your time.

[Ned Carey]

It seems pretty clear from the situation you are not gong against the purpose or the reason for the occupancy restriction. Your life situation has changed. No experience but my guess is they will let you out.

Even if they do not you may have legal recourse on the premise they are being unreasonable withholding release of the requirement. you might want to run the language of the clause by an attorney. Good luck- Ned