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#291059 - 05/17/09 05:26 PM Any way around the 91 day flip rule?
P-Town Offline
Member

Registered: 12/15/08
Posts: 115
Loc: Northern Ca
I am a real estate agent and investor. I have several properties for sale right now that I bought fixed up and relisted for sale. I have had several offers on both properties but all offers are FHA. As you know FHA and some conventional loans will not allow the property to be resold within 91 days. I am specifically looking for a solution for FHA buyers but would be interested in other programs for conventional buyers as well.

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#291267 - 05/19/09 09:09 AM Re: Any way around the 91 day flip rule? [Re: P-Town]
Greg Phillips Offline
Mortgage Professional
Veteran Member

Registered: 01/26/05
Posts: 1311
Loc: Lancaster, Ohio
No. FHA will not insure them.
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#291269 - 05/19/09 09:18 AM Re: Any way around the 91 day flip rule? [Re: Greg Phillips]
P-Town Offline
Member

Registered: 12/15/08
Posts: 115
Loc: Northern Ca
I know that FHA will not insure them. I am looking for any other products that might be available, if they exist.

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#291717 - 05/22/09 03:49 PM Re: Any way around the 91 day flip rule? [Re: P-Town]
Texas Loan Guy Offline
Junior Member

Registered: 05/22/09
Posts: 6
Loc: Texas
What about owner financing then have the buyer convert to the FHA Loan when the time limit constraint passes or sell the note to investors. I do not know if these are still possible, but maybe a lease option or a 90 day escrow period. Just be careful to negotiate your offer so you have an out if market prices fall in the meantime. Keep in mind that rates may also change in the meantime. Just brainstorming here.

Consider the exceptions according to HUD and think creatively, other than these below there are no exceptions:

The following sales are exempt from the time restrictions provided by §203.37a:

• Sales by HUD of its Real Estate Owned
• Sales by other United States Government agencies of single family properties pursuant to programs operated by these agencies.
• Sales of properties by nonprofits approved to purchase HUD-owned single-family properties at a discount with resale restrictions.
• Sales of properties that are acquired by the sellers by inheritance.
• Sales of properties purchased by employers or relocation agencies in connection with relocations of employees.
• Sales of properties by state and federally charted financial institutions and Government Sponsored Enterprises.
• Sales of properties by local and state government agencies.
• Upon FHA’s announcement of eligibility in a notice (i.e., ML), sales of properties located in areas designated by the President as federal disaster areas, will be exempt from the restrictions of the property-flipping rule. The notice will specify how long the exception will be in effect and the specific disaster area affected.

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#291779 - 05/23/09 06:44 AM Re: Any way around the 91 day flip rule? [Re: Texas Loan Guy]
SmartMoney Offline
Member

Registered: 08/13/05
Posts: 90
Loc: No. VA
No way around this one. Even a contract agreeing to write a future contract is viewed as circumventing the HUD flip rule.

Besides, too much can happen...why would you want to? Job loss, change in credit rating, changes in lending regulations, changes in value....

Find a sharp agent, I don't know anything that states you can't "advertise" the HUD contract availability date, which will bring with it an $XXXX price bump.

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#291901 - 05/24/09 03:04 PM Re: Any way around the 91 day flip rule? [Re: SmartMoney]
P-Town Offline
Member

Registered: 12/15/08
Posts: 115
Loc: Northern Ca
Thank you for the responses. I had a lot of brokers tell me there is no solution but I found that not to be true and I am now in escrow on this property. I found a couple exceptions along the way. I will mention them in case any of the good people that post here need the information later. The loan that these buyers ended up getting was a rural housing loan through BofA. This loan can also be financed up to 100%. Some other lenders do rural housing loans but have the 91 day flip rule. You can also get a conventional loan from some banks and credit unions that do not sell the loans in the secondary market.

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