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Can we legally buy another house to live in if we just refinanced

We have lived in our house for fifteen years and just refinanced but we are not satisfied with the school our son will be going to. We want to buy another house in a different school district and let our daughter live in this house. We do have an FHA loan but I am not sure if I need to wait a year because of the refinance. Thanks by tglove_306_799 from , . Mar 30th 2013 Reply


Bert Carpenter (BertCarpenter)
#37 ranked lender in Arizona - 2,431 contributions

Yes, you should wait. When you signed the refinance papers, one of the documents you signed was an affidavit of occupancy. With this document, you are committing to occupy the home within a certain number of days (most say within 60 days) and will occupy the home as your primary residence for a period of at least one year. There are documented cases where lenders have threatened homeowners with default, demands for pay-off, demands to refinance at higher non-owner occupied rates and terms, and I know of at least one case where the lender has filed suit and turned the file over to the FBI Fraud task force because the borrower moved out within 60 days of refinancing. If you can wait until you are 10-11 months into it, you should be ok, but doing it this soon is only asking for trouble. ~ Bert Carpenter, The LoansA2z team of NOVA Home Loans ~ NMLS 40586 ~ Certified by the National Association of Mortgage Professionals and Licensed in California and Arizona ~ www.LoansA2z.com 888-889-9950

Mar 31st 2013
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Joe Metzler (JoeMetzler)
#17 ranked lender in Minnesota - 4,843 contributions

YES, but no. You have to understand there are owner occupied loans, and investment loans. Do to the higher risk of investment loans, the rules are more restrictive, and the interest rates are higher. Many people, knowing this, attempt to finance an investment property as an owner occupied property. When you just refinanced, you signed documents stating the home was owner occupied. Immediately buying something else and turning this one into a rental is likely to result in the question of fraud being asked. Occupancy fraud is high on the FBI housing/mortgage fraud list. Most mortgage documents on the other hand say you can let the home become a rental after one year. It's your gamble, but I'd strongly suggest you wait one year.

Mar 31st 2013
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Dave Metsker (DaveMetsker)
#35 ranked lender in Oregon - 2,318 contributions

The bigger issue is you can not have 2 FHA owner-occupied loans, so you may need to use 20% down conventional, and your income will need to cover both loans. Look for an owner-financed property.

Mar 30th 2013
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Joseph Hajek (growin_381_504)
#666 ranked lender in California - 1 contribution

You are allowed to purchase as many properties as you wish.Refinancing does not have limitations on property purchase.Your ability to purchase more properties would be based on DTI (Debt to Income), and your down payment, because you already have a home you would probably qualify for a conventional loan which would require up to 20% instead of 5%. It is possible to get lower than 20% down on a house, different lenders have different criteria.

Mar 30th 2013
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Michelle Curtis Loan Originator NMLS 401173 (MichelleCurtisLO)
#77 ranked lender in Florida - 2,245 contributions

Legally yes you can buy another home to live in.Call us or email us at 201-962-3555 or Team@BestMortgageOption.com for ano cost no obligation analysis of your situation.Ask for Michelle or Benny We will find the Best Mortgage Option to suit your needs!You can check us out at www.BestMortgageOption.com

Mar 30th 2013
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George Dokos (georgedokos@movementmortgage)
#55 ranked lender in Virginia - 25 contributions

You can buy another home anytime you would like to go forward with a purchase.

Mar 30th 2013
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Charlie Sparks (CharlieSparks)
#8 ranked lender in New Mexico - 401 contributions

I would be careful about vacating your current home so soon after your refinance. This is because you certified on your refinance application and the closing documents that you will occupy the property for a minimum of 12 months. To convert it to a rental before this time would alert the lender who would possibly require you to refinance it as a conventional investment property or, at an extreme, the lender could call your loan due.

Mar 30th 2013
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Pete Bass (PeteBass)
#30 ranked lender in Connecticut - 476 contributions

You can purchase a new home anytime that you choose. With that being said, the FHA loan that you just refinanced may have to be refinanced again as a investment property due to the recent refinance being less than 12 months. ( Investment refinances you will need20% equity or bring that difference to closing) - If you do wait the 12 months, then you could do a conforming purchase with a min.of 5%down. You would have to obtain mortgage insurance. There will be some lenders that will require 12 months reserves due to therisk. Inbox me for more information

Mar 30th 2013
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