Owner occupy potentially under 1 year, mortgage fraud?

Owner occupy potentially under 1 year, mortgage fraud?

Rental Property Investor · Dayton, OH · Member since 2018 · 108 posts · 48 votes

Hi all, 

I'm presently living in CA, considering buying in TX to work remote, and house hack. Only way I can make it work is if I put 5-10% down, which I know you can only do if it's your primary residence. Question is, if I get called back to the office/CA before year 1 of occupancy (which is highly likely) am I in danger of mortgage fraud? 

Thanks a million!

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Real Estate Agent · Nampa, ID · Member since 2017 · 439 posts · 361 votes
6y

It only has to be your intent to stay there for one year.  If you try to apply for another mortgage within a year, then yes you will likely flagged for mortgage fraud, but not just moving. 

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  • Rental Property Investor · Des Moines, IA · Member since 2020 · 232 posts · 116 votes
    6y

    @Ian Gilligan This is a tough one, because when it goes to underwriting, they'll more than likely want to see some kind of proof of a job transfer to TX to approve it as owner occupied. Otherwise it'll more than likely be treated as a second home/Investment property for qualifying.

  • Rental Property Investor · Dayton, OH · Member since 2018 · 108 posts · 48 votes
    6y

    @Rene Owczarski thanks Rene, they asked me for a letter from my employer saying I’m approved to work remote, which I am, and which I provided them. So it looks like that letter covered me on that front?

  • Real Estate Agent · Nampa, ID · Member since 2017 · 439 posts · 361 votes
    6y

    It only has to be your intent to stay there for one year.  If you try to apply for another mortgage within a year, then yes you will likely flagged for mortgage fraud, but not just moving. 

  • Rental Property Investor · Des Moines, IA · Member since 2020 · 232 posts · 116 votes
    6y

    @Sarah Brown I would agree with Sarah on this. In that if you tried to apply for another Owner Occupied loan within a year of the TX purchase, that you'll get flagged for occupancy discrepancies on the application.

  • Accountant · Atlanta, GA · Member since 2015 · 1k+ posts · 1k+ votes
    6y

    You're moving to TX from CA and buying a house there after your boss tells you that you can currently work remotely because of COVID?

    I would neither do that nor advise it to anyone.

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