FHA Waives 90 Day Title Seasoning Rule
HUD announced Friday that the 90 day title seasoning requirement on FHA, Fannie Mae and Freddie Mac loans will be waived beginning February 1, 2010 for one year. This is the greatest news to hit the real estate investing world in the past 20 years. I’m sobbing from jubilation, trying to wipe back the tears as I type.  (And you should be jumping up and down as you read this too). This is the most exciting decision the government has made in recent history as it pertains to real estate investing. Let me explain…
For as long as I can remember, the FHA 90 day title seasoning rule has been in effect. This rule applied when someone was originating an FHA, Fannie Mae, or Freddie Mac loan to purchase a home. The rule stated that the seller of the property had to be on title for at least 90 days. This one stipulation was so powerful (and constrictive) that many rehabbers would avoid doing deals when they knew an FHA buyer would be the most likely purchaser of the property. Not to mention the scores of short sale and foreclosure investors who didn’t (or couldn’t) hold onto deals for 90 days before re-selling. As you can see, the 90 day FHA title seasoning rule had an enormous impact on the residential real estate world from its very inception.
And this problem was even further exaserbated by the recent mortgage meltdown because private lending all but disappeared and government lending skyrocketed, with now some 75% of all loans originated in this country now being FHA, Fannie Mae and Freddie Mac loans. So this rule became so pervasive, it affected nearly 3/4 of all of all real estate transactions.Â
As real estate investors, re-selling a property to a new buyer in the shortest amount of time possible is the name of the game. But for the longest time, if you marketed your deal and a buyer came along that was using a government backed loan (FHA, Fannie Mae, Freddie Mac), in order to sell to that buyer, you had to wait at least 90 days. This has been the source of much pain, lost profits and frustration for hundreds of thousands of buyers, sellers, investors, agents, closing companies and mortgage brokers.
But not anymore! Now do you see why I am so incredibly excited?   This is the greatest gift the government has given real estate investors in 20 years.
You may be asking yourself why on earth would the government want to help us investors? Well, I doubt they had us in mind when they drafted this legislation. In fact, here is what HUD said was the reason:
“…This will allow homes to resell as quickly as possible, helping to stabilize real estate prices and to revitalize neighborhoods and communities…”
What this tells me is that the government does recognize the value real estate investors bring to the real estate marketplace.
But with all government initiatives, there is always some fine print. You can read all the fine print HERE. Or, you can just read the highlights I have laid out below:
- 90 day seasoning rule waived for 1 year beginning February 1st 2010
- No previous flipping activity existing on the subject property in the past 12 months
- The property was marketed “openly and fairly†by MLS, auction, FSBO, etc
- If the increase in price is over 20% of the seller’s acquisition cost, a 2nd appraisal may be required
- All transactions must be arms-length
For my students, coaches and I, this even further excites us because we already cover the above conditions on all of our transactions so we won’t have to do anything different than we are already doing.
It truly is a dream come true. I was jumping around the house all weekend, my wife and daughter having no idea why I was so excited. It’s one of those things that only professional investors can truly appreciate.Â
On top of all the other reasons why 2010 is the perfect year to be in short sales and foreclosures, this new change is icing on the cake.Â
If you are not a part of our program and would like to learn more about how this decision impacts short sale and foreclosure investing, join me Thursday night for a special online training on how to make more money in 2010 than you have in your entire life combined. Register for this life changing educational experience HERE
And to all of my students out there, I did a coaching call on Saturday that goes into great detail on this subject. Log into ePartner and listen to Saturday’s coaching call to get the complete story on this breaking news.
Feel free to post a comment below. I’d love to hear your thoughts.











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I can feel the momentum building with every word you write Phil! 2010 will be awesome!!!! Go out and get ‘em everyone.
I can’t believe it! When I heard there was big news and I was saying to myself….Man, Phil’s all excited, it’s like they lifted the seasoning rule or something! And voila, they did. Wow! Awesome, great news. Now, we all need to make sure we keep on the straight and narrow and not give the Government cause to not extend this waiver! Good luck all.
February experience: My over 20% profit on a quick sale required a second appraisal and statements from both appraisers justifying why selling price was so much higher than purchase price! How can an appraiser justify the difference explaining that the seller made the highest court house steps bid of XX dollars on a property that has a market value of XXXX dollars. Has the government ever heard of the seller getting a bargin!!
ARE THEY GOING TO EXTEND PAST 2010!! AHH. HELP ME.
Hi,
We are in contract on a home that is corporate owned. The seller (corporation) just purchased the property in March from their employee. We have a conventional loan set up and neither my broker or realtor can tell me if the flip rule applies here. My broker brought it up, but I cannot imagine how it would apply if it is a corporate sale, they are losing over $100k in 1 month and will be selling at or below appraisal.
Thanks
What is the “flip rule”? Never heard of it? What you may be referring to is the policies some mortgage companies have when originating a new loan called “Title Seasoning.” For example, if you are going to get an FHA loan to purchase this property, you may have to wait 90 days from the date the current owner became the owner of record before your mortgage company will originate the loan. This is not always the case, depends on your mortgage company and whether they sell the loan onto the secondary market right away or if they hold onto it in house and service it for a year or so before marketing it out for sale. Some conventional loans also have title seasoning stipulations. These are common when you are not putting down 20% or more. In short, when you are trying to borrower money on real estate, the mortgage company may have a problem with you buying real estate that the seller has owned for a very short period of time. THe way around this problem is to be working with the right mortgage companies that have loans that do not require title seasoning.
i can’t seem to find if the tempary waiver of the 90 day seasoning rule has been extended at all or altered…