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Posted almost 15 years ago

Actual HUD Guidelines for Flips

 

I purchased a home in February and I had it fully remodeled and back on the market within 6 weeks.  Within 5 days of having it listed I had a couple offers, both of them FHA Loans.  I selected one of the offers.  Both parties knew about the FHA seasoning issues requiring a home to be owned for 90 days.  So we wrote the contract to close 2 weeks after the 90 days.

 

Now we are a week away from closing and the lender’s underwrites just came back and said that the contract cannot be written with the 90 day period.  They argue that a written offer cannot even be made until I own the home for 91 days. 

You can never argue with an underwriter, they know it all, but here are the actual HUD guidelines.  All rehabbers, flippers, and even wholesalers and agents should be familiar with this section.  This could make a big difference in your project planning and your exit strategy.

Note below that it states the “resale” cannot occur within 90 days following acquisition.  It says nothing about offer and or contract.  There are a lot of rumors floating around out there about this topic.  You should have the facts.

Checkout this website for additional information.

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=985d26debd4e0186b7c646bec89691ae&rgn=div8&view=text&node=24:2.1.1.2.4.1.88.39&idno=24 

Comments (7)

  1. This does appear to be real . . . Although, there may some lag time as the lenders work the kinks out. <a href="http://www.testking.com/JN0-342.htm">JN0-342</a> I would be interested in hearing from any FHA lenders out there who can (in plain English) let us all know exactly HOW this happens??


  2. Congrats, Justin!


  3. Dude that is awesome I love it when that happens!


  4. Amy, The original buyers did get the shaft on this one, unfortunately. However, I put the home back on the market yesterday morning and had three people call and within hours and tell me they were sending contracts. I accepted a new contract this morning. So it's not a real sad story. Justin


  5. Alex, The 90 days is no problem. The problem here is the underwriter’s misinterpretation. That is why I included the actual HUD guidelines. It's not going to change an underwriters mind but it is good therapy for me. Justin


  6. This is definitely true! You have to watch that 90 day rule. The best option as as wholesaler is to go with a cash buyer. If you are going to sell it for retail you are kinda stuck...sorry to say :( However if if you are doing a short sale and immediately selling it for a profit then you can get an option on the property and record it so that the whole time they are woking on the shortsale counts towards your 90 days. Usually a shortsale does take a bout 90 days or more so it works out!


  7. Seems a little silly to me. What happened? Did you end up being able to close? Thanks for sharing the website, either way.