Jan
19
House Flipping Rules as of January 1, 2011
Posted by mreynoso under For Buyers, For Sellers, Long Beach, Regional News
Anytime a property is purchased and then resold in less than 90 days, and the buyer is getting an FHA loan, the transaction must meet the following criteria as of 1-1-2011 RPM Bank will allow for the resale of properties less than 90 days from the date the currentseller acquired the property, but only on loans where the resale price is less than 20% above the seller’sacquisition cost. Loans where the resale price is greater than 20% are not eligible and there will be noexceptions, even based on documented improvements. The 90 days is calculated from the date the sellertook title to the date of the new purchase contract. If the resale occurs within 90 days the followingrequirements must be met: ¢ Must be an arms length transaction with no identity of interest between buyer and seller or other partiesparticipating in the sales transaction. To make this determination the following applicable steps should be performed: ¢ Verify that Seller is in title as indicated on the Appraisal and no apparent family or business relationship existsbetween the parties to the loan or sales agreement.¢ LLCs, corporations or trusts as sellers must have been established and operated in accordance with applicableState and Federal law. Lenders must document the validity of the seller. Business licenses, State Department ofCorporations status, and Attorney Opinions are examples of acceptable documentation.¢ No pattern of previous flipping exists such as multiple transfers of title within a 12 month timeframe asindicated on the chain of title on the Appraisal. The appraisal is required to show a 3 year history of ownership.¢ Document that property was marketed openly and fairly through an MLS, an auction, For Sale by Owner ordeveloper. Note: sales contracts which have been assigned to the current buyer are not allowed.¢ The increase in value must be supported by the Appraiser with supporting comments and documentation included asfollows:¢ Appraiser must indicate the seller completed legitimate renovation, repair and rehabilitation work on thesubject property to substantiate the increase in value.¢ If the work was not performed, appraiser must provide appropriate explanation of the increase in value sinceprior title transfer. This should include an analysis of the market difference occurring between distressed sales
and typical arms-length market sales.
Michele Reynoso, Realtor 01700061 Making Dreams a Realty!
For Further Questions Contact MicheleReynoso@kw.com
Comments (0)