Selling within months of closing. Loan Officers around?

Selling within months of closing. Loan Officers around?

Member since 2017 · 1 post · 0 votes

Just purchased a primary home. Conventional mortgage. Moving in within the next few days. Loan has a "owner must occupy..12 months..." in the note. I understand this to be mostly to prevent buying an investment property/rental with a owner occupied loan.

But...what about selling.

Intent was to live in house while I split the land and built a new home. I thought this would take at least 12 months but it now looks like my builder is going to move fast.

As I understand it I have two considerations.

The first is fraud. Is this "must occupy for 12 months" clause in the note restricting me from selling it before then, or is it just to limit me from renting it out.

The second is moral/reputation. The loan officer/bank who made the loan (and have already sold it) did so under the assumption that they will be making money on the deal. I'm guessing if they knew that I would sell in a few months that they wouldn't have made it or perhaps done so under different rates/fees.

I reached out to a lawyer to answer the first question. Although if anyone here has good knowledge of that id like to hear it.

For the second. Are there any loan officers here? I have been told by my agent that holding the mortgage for at least 6 months would make the the loan officer happy. Otherwise loan officer/bank might be charged fees by the bank they sold the mortgage to. But I think he doesn't know for sure.

I am hesitant to ask the loan officer directly.


Thoughts?

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  • Investor · Miami Beach, FL · Member since 2016 · 486 posts · 216 votes
    7y

    are you looking to prosecute yourself?

    If your original intent was to use the property as primary residence then why are you so worried about it. Life changes all the time and I am sure you paid your loan origination fees when you got the loan so the original lender made their money already.  if you have to pay off in a few months then the only thing lender can do is provide you with is a payoff letter. they can't charge for anything other then what is in the note.

    It's that simple.

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