For many investors who rely on FHA-approved buyers to purchase their homes, the "Seasoning Rule" can be a big issue.
What is the seasoning rule? In a nutshell, with very few exceptions, FHA will not fund a mortgage for a property that has been owned for less than 90 days. This causes many investors to lose money due to holding costs, extended time on the market and/or not being able to market to FHA buyers. This rule pertains to any title transfer so if an investor transfers a property from one LLC to another, the 90 day rule goes into effect.
On September 1, 2009, the rule was somewhat relaxed. FHA now allows for a waiver when the property is owned by a bank or some other foreclosing entity. It also allows for a relaxation of the rule when a home is sold by a state or federal agency.
Under the Neighborhood Stabilization Program (NSP), overseen by HUD, grant funds have been established for areas of the country with high foreclosure rates for the purpose of acquisition and rehabilitation of foreclosed and abandoned properties.
HUD has acknowledged that some state and local government agencies lack capacity to handle the number of properties NSP funds are intended for. Therefore, HUD is also allowing non-profit and for-profit companies to participate in the NSP grant program.
So, what does this mean for investors? If you invest in properties in "targeted areas", you may want to look into applying as an approved representative purchaser under the NSP. For those investors who are not in a targeted area, just keep waiting to see if the rule continues to be relaxed.
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