90 day no flip affidavit

90 day no flip affidavit

Transactional Funder · Neptune, NJ · Member since 2011 · 187 posts · 86 votes

Hi everyone, just wondering if anyone has seen this 90-day no flip affidavit and what they are doing about it.

Thanks for any and all feedback,
Duane.

"Property flips occur when ownership of one property changes several times in a brief period of time. Property flipping becomes
illegal and a fraud for profit scheme when a home is purchased and resold within a short time frame at an artificially inflated
value. For the purposes of this statement, a short time frame is defined as a period extending ninety (90) days from the date of
the short sale transaction.
BUYER represents, along with BUYER real estate agent, that I/WE are not involved in a for profit scheme to flip the property and
that there are no current agreements, written or otherwise, to immediately re-sell the Property at a higher price, and that no
transactions of this nature will take place within ninety (90) days of the date of closing on the short sale transaction.
I/WE represent that there are no relationships between any parties involved in the transaction, including BUYER, SELLER,
FINANCING COMPANY OR INSTITUTION, NEGOTIATOR, or REAL ESTATE AGENT.
I/WE understand that any information associated with the short sale, may be made available to federal, state, and/or local law
enforcement agencies for such action within their jurisdiction as they deem appropriate if illegality related to this short sale is
discovered."

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Will BarnardPro Member
Moderator
Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
15y
Originally posted by Donovan R.:
Wish I could, I don't have a buyer yet. This one is not going well :(
Your first mistake was locking up a property without having a large enough buyers list to have a buyer quickly. If you did, you could have made the offer in the name of a trust (I use the street name/address Trust - as the name) then you have time to form the trust after it is under contract and name your buyer as the bene at that time.

Mistake number two is that by not performing, you will likely damage the relationship between you and the list agent as well as potentially be named in the Wells Fargo black list - banks do flag those who do not perform or do other things they don't like, so if and when you make an offer on another, you may be flagged and as such, your offer ignored or not accepted.

Learning experience for you.

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  • Residential Real Estate Broker · Oklahoma City, OK · Member since 2011 · 114 posts · 38 votes
    14y

    Mike, I think the most likely problem is that the buyer won't be able to get financing to purchase the property because the deed restriction will show up during the title due diligence process. No title insurance - no loan.

    Originally posted by Mike B:
    What are the odds the lender is even paying attention once it's off their books? Is this affidavit enforced or just a formality on the lender's part?
  • Rehabber · Member since 2011 · 66 posts · 9 votes
    14y
    Originally posted by Jon P.:
    Mike, I think the most likely problem is that the buyer won't be able to get financing to purchase the property because the deed restriction will show up during the title due diligence process. No title insurance - no loan.

    Ahh good point. I dug this one up because I am trying to navigate thru an interesting situation I am in along these lines. I signed a 90 day no resale affidavit when I first put a short sale property under contract 3 months ago.

    I am about to close on it now and the approval letter actually states "the buyer" can't transfer title for 30 days.

    From my commucations with the short sale negotiator who is also the title agent the letter seems to be the final word but that is not official legal advice. It definitely doesn't sound like she is not putting any type of deed restrictions on this property either way once I close.

    I am inclined to think the 30 day no sale restriction is the bank's final requirement.

  • J ScottPro Member
    Moderator
    Investor · Sarasota, FL · Member since 2008 · 17k+ posts · 17k+ votes
    14y
    Originally posted by Mike B:

    I am about to close on it now and the approval letter actually states "the buyer" can't transfer title for 30 days.

    From my commucations with the short sale negotiator who is also the title agent the letter seems to be the final word but that is not official legal advice. It definitely doesn't sound like she is not putting any type of deed restrictions on this property either way once I close.

    The "final word" should be the contract. If the contract calls for a deed restriction of 90 days (or whatever amount of time), it's the responsibility of the closing agent to ensure that the restriction is filed on the deed after closing.

    So, check your contract...and don't take anyone's word for it. By the way, if the contract calls for a restriction and the closing agent doesn't put it on the deed (for whatever reason), legally you are still required to abide by it and can face penalties if you're caught not abiding by it.

  • Will BarnardPro Member
    Moderator
    Developer · Santa Clarita, CA · Member since 2008 · 15k+ posts · 10k+ votes
    14y
    Originally posted by F Foster:
    Hey Will Barnard-I like all three of your posts-My check is in the mail!LOL
    Thank you Sir. Check received, unfortunately it bounced, please remit cashiers check or wire transfer of funds :)
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