FHA 90 Day Flip Waiver - Pertains to First Time Home Buyers, Real Estate Investors & Realtors

FHA has prohibited insuring a Florida home mortgagethe subject property can be found on the appraisal
on a home owned by the seller for less than 90 days.report)d. The property was marketed openly and fairly,
This restriction was imposed in 2003 to preventvia MLS, auction, For Sale by Owner offering, or
property flipping. On January 15, 2010, HUD announceddeveloper marketing (any sales contracts with an
a temporary (1 year) waiver of the prohibition with"assignment of contract of sale", which represents a
strict conditions to insure against predatory practices.special arrangement between seller and buyer may be
Effective with Florida Home Mortgages underwrittena red flag).
on or after April 1, 2010, Most lenders will allow the 902. Transactions with sales price greater than or equal
day waiver for all property sellers, including private saleto a 20% increase over seller's acquisition cost, are not
transactions, but prohibits FHA financing for propertiesallowed.
owned less than 90 days if the sales price is greaterThere are several reasons you might be interested in
than or equal to a 20% increase over the seller'spaying special attention to this guideline.
acquisition cost.#1. If you're a first time home buyer and have gotten
The 90 days is calculated from the seller's acquisitionyour contract in on time to qualify for the tax credit, it's
date to the purchase contract date of the newalso important that you close on time as well. If the
transaction.Regardless of who the property seller is, ifrequirements stated above are not met. You can rest
the resale occurs within 0 to 90 days, the followingassure closing on your loan will be extremely difficult if
requirements must be met:even possible.
1. All transactions must be arms length, with no identity#2. Realtors before you invest your energy, time and
of interest between buyer and seller or other partiesmoney you want to make sure you know if the seller
participating in the sales transactions. Specific ways tois an investor group as well as all of the specific details
ensure an armslength transaction include:a. Propertypertaining to the property. Some times this information
seller currently holds title to the property.b. LLCs,is not posted in the public records if the sale is recent.
corporations, or trusts, serving as sellers must meet all#3. Real Estate investors you want to make sure you
applicable state and Federal law.c. No pattern ofcan sell your investment property as smoothly as
previous flipping activity exists on the subject property,possible. Providing this information to all parties involved
as evidenced by multiple title transfers within a 12will help you see a faster return on your investment.
month period time frame (chain of title information for