FHA Relaxing 90 Day Rule For Lending Institutions

Just received this news about a new FHA ruling.  For several years the FHA has had a rule commonly called the "flipping law".  It prohibits a person from acquiring a house, quickly fixing it up and selling to someone who is going to use the FHA for their loan, to selling within 90 days of purchase.

It seems that the FHA has realized there are some exceptions to the rule.  They have relaxed the rule for lenders or their servicing companies to sell the property immediately after foreclosure.  Instead of having to wait 90 days.

Some things need to be explained.  1.  A foreclosed property is considered one that was auctioned, but not purchased, and went back to the bank.  No other circumstances were covered.  2.  The ruling only is for the lender, or their servicing companies, not for the investor.  3. An agent would be able to sell a bank foreclosed property immediately as long as it is to an owner occupant.

Maybe this will give opportunity for the FHA to take another look at its ruling, to realize that there are other exceptions to the rule.

Read a synopsis of the rule below in this press release from HUD.



News Release


 

HUD No. 08-082
Lemar Wooley
(202) 708-0685

www.hud.gov/news/


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FHA EXTENDS FINANCING FOR IMMEDIATE PURCHASE OF FORECLOSED HOMES
Measure seen to bring stability to home values and accelerate sale of vacant properties

WASHINGTON - In an effort to stabilize declining home values in certain neighborhoods, the Bush Administration today announced a temporary policy that will extend government-backed mortgage insurance and allow for the immediate sale of vacant foreclosed properties.

For one year, the Federal Housing Administration (FHA) will insure foreclosed properties marketed and sold by property disposition firms on behalf of lenders. The properties, which must purchased by owner-occupants, will no longer be subject to the customary 90-day waiting period.

"A glut of foreclosed and abandoned homes harms neighborhoods, frustrates homebuyers and delays a community's recovery," said Brian D. Montgomery, Assistant Secretary of Housing-Federal Housing Commissioner. "The action we take today will allow homebuyers to purchase these homes in much greater numbers and ease the excess supply of unsold homes in neighborhoods across the country."

FHA's new temporary policy will help stabilize neighborhoods experiencing high rates of foreclosure by reducing the inventory of unsold properties. Many foreclosed properties remain vacant for months, inviting vandalism and reducing values of surrounding homes. To address that sizeable inventory, lenders have hired companies that specialize in the marketing and disposition of foreclosed homes. It's reasonable and appropriate that these firms have the ability to sell the properties to borrowers using FHA financing.

With certain exceptions, FHA currently prohibits insuring a mortgage on a home owned by the seller for less than 90 days. This prohibition is intended to prevent property "flipping," a predatory practice that strips a home of its equity before being quickly resold at an inflated price to an unsuspecting buyer. FHA's new policy will permit the immediate sale of foreclosed properties to legitimate borrowers wishing to use FHA-insured financing.

To read the full text of this new temporary policy, visit FHA's website.

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