Restrictions on Fannie Mae owned properties

Restrictions on Fannie Mae owned properties

Came across this and thought would pass it on here:

FNMA-owned properties (which are sold as REO’s) now have restrictions on how long a buyer must hold on to them before they can re-sell them.

Paragraph 14 of the FannieMae Real Estate Purchase Addendum, if elected, states that their deed must include the following language:

“GRANTEE HEREIN SHALL BE PROHIBITED FROM CONVEYING CAPTIONED PROPERTY
TO A BONAFIDE PURCHASER FOR VALUE FOR A SALES PRICE OF GREATER THAN
________ FOR A PERIOD OF ___ MONTH(S) FROM THE DATE OF THIS DEED. GRANTEE
SHALL ALSO BE PROHIBITED FROM ENCUMBERING SUBJECT PROPERTY WITH A
SECURITY INTEREST IN THE PRINCIPAL AMOUNT OF GREATER THAN _________ FOR A
PERIOD OF ____ MONTH(S) FROM THE DATE OF THIS DEED. THESE RESTRICTIONS
SHALL RUN WITH THE LAND AND ARE NOT PERSONAL TO GRANTEE. THIS
RESTRICTION SHALL TERMINATE IMMEDIATELY UPON CONVEYANCE AT ANY
FORECLOSURE SALE RELATED TO A MORTGAGEOR DEED OF TRUST.”

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Fannie Mae measure

I believe their implementing that to prevent mortgage fraud; which some Zip codes are well known for here in U.S. If your assignment Premium isn't astronomical then you should be fine and have nothing to worry 'bout. We as investors shouldn't be told how to sell our vested equity position in property we've locked under contract to another investor.

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Fannie Mae Anti-Flipping Update

All:
found this article dated 3/24/11 re update re Paragraph 14 of Fannie Mae's addendums re restrictions on flipping (anti-flipping):

From Bankrate:
Marcie Geffner, On Thursday March 24, 2011, 6:00 am EDT
The Federal Housing Administration, or FHA, has extended its waiver of the so-called anti-flipping rule. That means homebuyers will still be able to use an FHA-insured loan to buy a post-foreclosure property that has been bought and quickly fixed up by an investor.

Without the waiver, buyers who needed an FHA-insured loan wouldn't be able to consider a home that had been bought by an investor fewer than 90 days previously, according to Gary Parkes, a loan officer at Acopia Home Loans in Woodstock, Ga. "FHA wouldn't be an option," he says.

Rule deters flipping fraud

The anti-flipping rule prohibits the use of an FHA-insured loan to buy a home that's being resold within 90 days of purchase.
The rule was implemented in 2003 to ensure that FHA financing wouldn't be used to ease fraudulent transactions. At issue were home "flips" in which "investors" bought houses at artificially depressed prices, made no effort to improve the properties and immediately resold them at artificially inflated values, oftentimes with the aid of fake (aka "straw") buyers and shady appraisers.

Buyers in such transactions were more likely to default on their loans due to fraud or inflated valuations. That's why "flipping" isn't as nice a word at the FHA as it may be on some television shows. It's also why the FHA originally decided not to insure any loans that involved a resale within 90 days.

Homes sold by Fannie Mae, Freddie Mac and federal- and state-chartered banks are exempt from the rule to allow speedier resales of foreclosed homes by those entities.

Waiver helps investors

The intent of the waiver is to allow responsible investors to buy those homes and resell them within 90 days.
The houses, presumably in fixed-up shape, may be more attractive than bank-owned homes to first-time homebuyers, who often prefer an FHA-insured loan because the guidelines allow for a small down payment.
The investors, on average, "do a much better job of rehabbing houses than the banks do," says Sean O'Toole, CEO of ForeclosureRadar.com, a foreclosure information service in Discovery Bay, Calif.
"Investors who buy at auction do more repairs and leave the properties in better condition -- more attractive to first-time buyers -- and that's good for neighborhoods, whereas the banks tend to sell them more as-is," he says.
Waiver has restrictions

The waiver was initially in effect from Feb. 1, 2010, to Jan. 31, 2011, and has now been extended until Dec. 31.

Still, some restrictions apply to resales that occur within 90 days and involve FHA-insured financing:
• The purchase must be at arm's length between the seller and buyer.
• The property can't have been flipped in the past.
• The home must be fairly and openly marketed for sale.
• A sales price that's increased 20 percent or more must be explained and documented.
• The buyer's loan can't be a Home Equity Conversion Mortgage, or HECM, also called a "reverse mortgage."
Results so far

Last year, the FHA insured $3.6 billion of loans on 21,000 homes that were resold within 90 days and wouldn't have qualified for the program without the waiver. California accounted for the largest number of those loans: 6,080, worth $1.37 billion. Next in line were Arizona, 1,926 loans worth $269 million; Florida, 1,633 loans, $209 million; Virginia, 842 loans, $185 million; and Nevada, 836 loans, $120 million. The rest of the loans were scattered throughout the other U.S. states.

The Department of Housing and Urban Development, or HUD, received only eight public comments regarding the waiver's extension, and the majority of those supported the proposal. Several wanted the exemption made permanent, a step HUD is on record as unprepared to take now.


Fannie Mae Deed Restrictions

Are you able to negotiate the Fannie Mae 90-day deed restriction or is this a non-negotiable item?


Negotiable ...

Fannie Mae REOs are negotiable, but depending upon the location they usually only accept about 10% off the listed price, which comes from the BPO. Unfortunately these values can be all over the place. The last Fannie Mae we bought was listed at 39,900; then was dropped to 34,900 about 45 days later. We made a bid of 20,000 & it was rejected, no counter! The house went to REDC Auction 2 weeks later & we won the bid at 20,000(plus a $2500 buyers premium) & the bank accepted it.
We have purchased a few Fannie Mae REOs & you can resell with-in 90 days, but for only a 20% increase; if you're doing a fix & flip, then you must wait
the 90 days to close. If you are looking at REOs, you will find that a high percentage are Fannie Mae properties.


FNMA

FNMA restrictions can be negotiated and even removed; but not from an auction property. I, like Gary and Jill, bought my Fannie Mae at REDC. It was listed at $295K, the realtor wouldn't accept any offers below $280K. I got it at auction for $190K + 9K auction fees. The realtor was blown away that it was accepted. Did an $11K rehab, appraised twice for $330K, comps have suggested the value is higher now, just 6 months later; and I am holding it for a few years and making a nice monthly cashflow on it in the meantime (once this gnarly HML is finally refiid!).

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Are there any updates to these restrictions that anyone is aware

I recently purchased a FNMA property on Auction.com. I actually moved into the property almost 2 months ago and, through word of mouth, received an offer on the home. In the process of due diligence by the buyer, it was discovered that there's a clause in the sales agreement initiated by FNMA that the house has to be owner-occupied for 1 year. Although my initial plan was to live there for a year or more, I couldn't pass up the 'potential' buyers' offer to purchase the property. There is no loan on the property and I thought maybe the restriction was maybe tied to a FNMA loan so I'd be OK to sell. If anyone has any new information that would impact this situation, your input woukd be greatly appreciated...

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Michael Daggett