FHA Suspends Flipping Rule? Not So Fast, Sparky…
By JP Moses on Jun 16, 2008 in Real Estate Investing News
Did you hear about the new FHA waiver suspending the 90-day no-flip rule?
I first caught wind of it Friday through a forum post, then again on Cory’s blog and on CNN.
The CNN article says…
“The Bush administration is temporarily suspending a 5-year-old rule intended to deter property flippers, as part of an effort to help speed the sale of foreclosed properties. For one year, the Federal Housing Administration will no longer impose a 90-day waiting period before foreclosed properties can be sold to receive government-backed loans.”
Break Out the Bubbly! Let the People Rejoice!…Right?
Don’t uncork that bottle just yet, my friend.
Yes, at first glance a lot of investors (including me) saw this as an incredible break for investors who, since 2003, have had to deal with a “90 days of ownership seasoning” requirement before our properties could be sold to buyers using FHA financing.
Sadly this is still the case.
Whether we like it or not (I know I don’t) the 90-day seasoning policy was place in 2003 to deter what the FHA in it’s infinite wisdom determined to be property “flipping” schemes.
Apparently this new “waiver” doesn’t phase this limitation at all.
If you carefully review the PDF of the actual waiver from HUD’s website, you’ll notice this little tidbit…

So What DOES This Mean?
Simply this…
- FHA financing is NOW available to borrowers purchasing properties owned less than 90 days that were acquired by foreclosure by mortgagees (i.e. lenders)
- This also includes any subsidiary of the lender or vendors used to market and sell property.
- This waiver applies whether or not the mortgagee is state-or federally-chartered (which was previously a restriction).
The Bottom Line for Investors…
Sorry, but nothing changes for us, because…
- You’re not a “mortgagee” unless you’re the one who actually foreclosed on the property.
- You’re not a “vendor” unless you actually have a contract of some sort in place with one of the lenders.
There is no verbiage in the waiver that states or even suggests it applies unless you’re one of the above.
Business as usual, folks. Move along…
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2 Comment(s)
By JP Moses (51 comments) on Jun 16, 2008 | Reply
@Bryan Ellis -Bryan,
It seems to me that the “vendor” in this case is someone who’s in place to help the mortgagee get it sold. I’m not exactly sure who that would be — like an example. But it sure doesn’t sound like an investor who buys it then wants to resell.
If you (or anyone) gets a clearer definition of “vendor” that might imply otherwise, please let me know. It would give me great pleasure to re-post that I’m mistaken!
Thanks!
By Gary Boomershine (3 comments) on Jun 18, 2008 | Reply
Thanks, JP. I would recommend your post to anyone who wants to learn more about this issue. While I see your points and find them to be excellent, don’t you think it’s a little soon to be saying that the FHA’s temporary “anti-flipping” rule suspension will have no absolutely no impact on the REI community?
As I said, “many flippers may find that this policy change id of little help to their businesses.” Still, I believe that the policy change is likely to have a positive effect on the real estate markets that have been choking on foreclosures. When that happens, we’ll have more options to develop and implement strategies to make money in real estate. I see this as a plus.
Like many of us, I’ve looked at FHA’s waiver language and puzzled over how they’re defining “vendor.” Still, providing for any sort of “middleman” position in between REO lenders and the market is likely to benefit investors either directly (if some of us assume that position and manage to profit from it) or indirectly (if the policy change succeeds in its goal of stabilizing prices and stimulating market activity).
Even if real estate investors become “vendors,” rehabbing costs are higher than ever, so bringing many of these foreclosure properties up to FHA guidelines poses an awesome challenge, even if weren’t for the massive price drops we’ve seen in real estate markets hard-hit by foreclosure. Still, I have faith that if anybody can find a way to make money here, the REI community can. Although it may be too soon to know exactly how REI will capitalize on this development, the innovation and resilience I see in our community always amazes me.
Buying homes when prices are down and selling them when prices rise is an excellent strategy for investing in real estate, but most of us prefer to have more than one way out of a deal. If FHA’s waiver succeeds in providing real estate investors with options, then I see it as a positive step — even if it’s a small one.
Another point that I made in my post is that the Fed’s so-called “anti-flipping policy” did more to reveal the government’s generalized ignorance about how our industry works than it did to protect consumers. Their rationale for implementing this policy was to discourage the “predatory lending” and collusion they automatically associate with flipping. Has this policy protected anyone? Or did it unfairly seek to regulate our business practices without legitimate cause?
Looking at many of the loans that lenders extended to consumers, it seems to me that the Fed’s time and money would have been better spent scrutinizing the real predatory lenders. Now, by suspending its so-called “anti-flipping” policy, the Fed is going out on yet another limb for suffering REO lenders who, like consumers, should have known better than to get involved with the risky mortgages to begin with. Who pays for these mistakes? If you operate your own business, you know the answer.
I agree that this isn’t an occasion for Champagne. But what’s a good mixer for irony? If you need a chaser, try this: It appears that in 2003 when the Fed’s “anti-flipping” policy went into effect, then Housing and Urban Development (HUD) Deputy Secretary Alphonzo Jackson was getting a sweetheart mortgage deal from Contrywide’s head Angelo Mozilo. You may recall that Jackson resigned from his leadership post at HUD a few months ago amid accusations of cronyism.
Go get ‘em JP. Your post on this issue are among the best I’ve seen. Please, keep on sharing you lively wisdom and analytical skills with the rest of us. Let’s hope that your common sense is as contagious as the foreclosure epidemic in Florida!
If anyone wants to check out my coverage of this issue: http://www.garyboomershine.com/blog/2008/06/17/fha-loans-now-for-foreclosure-flips-with-no-wait/
Gary Boomershines last blog post..FHA Loans Now Back Foreclosure Flips with no Wait