Conventional Mortgage with Criminal Neighbors as a Househack

Conventional Mortgage with Criminal Neighbors as a Househack

Member since 2023 · 19 posts · 12 votes

Hi BP community,

I recently purchased a 3/3 double in South Buffalo (I’m not from the area). I spent about two years searching with a BiggerPockets-recommended investor-friendly agent, and I was very clear about my goals. The property seemed like a good fit in what appeared to be an improving B/C neighborhood with a mix of well-maintained single-family homes and a few multifamily properties.

My plan was to house hack for about a year and then rent out the upper unit once I met my occupancy requirement. I also own an Airbnb in Florida and a single-family rental in Rochester, so this isn’t my first investment property.

However, after moving in, I’ve encountered ongoing issues with the immediate neighboring property that I did not anticipate. There is frequent activity there throughout the day, including loud disturbances, large groups of visitors coming and going, and general behavior that has created a stressful living environment. I work remotely from home, and it has become very difficult to concentrate or feel comfortable in the property.

I’ve documented multiple incidents over the past couple of months, and another neighbor has also expressed concerns about the same property. My lower-unit tenants are generally fine and not heavily impacted, but they have noticed some of the activity as well (primarily noise and nuisance-type issues such as littering on the property and most likely criminal activity that I cannot prove at the moment, but do notice there are signs. 

I’m feeling uncertain about how to proceed. I’m concerned about my ability to fulfill the one-year primary residence requirement for my conventional loan given the impact on my quality of life and ability to work from home. I do have a motorhome and have used it periodically to get some relief from the situation, but that’s not a long-term solution.

I’m looking for advice from anyone who has dealt with something similar:

  • What options do I realistically have if the living situation is affecting my ability to stay compliant with loan terms? Selling is not an option as I did ask my agent and obviously she advised against it due to the loss I will take on this property.
  • Are there effective ways to address ongoing nuisance issues with neighboring properties especially if you feel they are part of a larger organized crime situation? I do not feel very safe approaching them based on what I have experienced. 
  • At what point would you consider cutting losses vs. trying to ride out the year v.s. renting out the upper unit to a working individual/couple that may not notice what is happening on this street?

Appreciate any insight or perspective from those who’ve been in this position.

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  • MD/DC · Member since 2024 · 1k+ posts · 1k+ votes
    3mo

    I'm guessing these are new neighbors and weren't there when you were scouting out the location? B/C neighborhoods are genearlly more C/D than B/C in my experience. What are the police saying? Hopefully if the landlord gets enough complaints they won't renew the lease. If they aren't going anywhere I disagree with your Realtor that selling isn't an option. Selling is always an option although often not what we would prefer. Even if you stick it out you are turfing this nuisance off on your next tenants and at some point unfortunately the tenants who are willing to live there will match the neighbors. Personally I'd move along and consider it a learning experience. 

  • Member since 2023 · 19 posts · 12 votes
    3mo

    These people have owned since 2003 a duplex where they house their adult criminal children and soon to be criminal grandchildren. There are very active times during the day, and some days are very quiet. This was a total surprise within the first week of moving in. I have obviously learned a difficult lesson and will be knocking on doors of people near the next home I do purchase, but unfortunately there is a law enforcement officer who is also involved in whatever activities they are doing. (I have video footage of sketchy activity and can get him fired with what I have if I turned it in). I fear I am not sure how deep this runs. I am not willing to sell at a huge loss. The tenants that I currently have do not "match" my neighbors and are not home often enough to catch the stuff that I see. They work two jobs and have quite busy lives.

  • Scott AlfanoBusiness Member
    Lender · Seattle, WA · Member since 2013 · 64 posts · 20 votes
    3mo

    Hey Jamie,

    While not simple, you can show that you had every intent on living there as a primary for at least 12 months, but the circumstances around the property have caused you to legitimately change your mind. 

    It sounds like you set yourself up to be doing everything by the book, can show that you moved out of your previous property to move to this one, have employment that allows you to work from the current primary, and short of the activity external to this property, you legitimately would have stayed a year, if not longer. 

    You are allowed to leave prior to one year and purchase a new primary in this case. It just isn't talked about very often because it's more difficult than just "sticking it out" for 12 months. We've done this successfully for multiple clients for multiple reasons (unknown mold issue that popped up, moving to new area "did not agree" mentally with the borrower, etc). It's not just military getting orders that get to side step the 12-month rule. You're not someone trying to pull a fast one. It's actually affecting you negatively. 

    Signed and Funded - Scott Alfano
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