In order to prove their intent to live on the property (and not use it as a second home or investment), buyers will need to check the “Primary Residence” box in the Uniform Residential Loan Application they file with their chosen mortgage lender.
FHA security instruments require a borrower to establish bona fide occupancy in a home as the borrower's principal residence within 60 days of signing the security instrument, with continued occupancy for at least one year.
If you get an FHA loan, you won't be required to live in your home “forever,” but there are occupancy requirements to ensure that you're not an investor at the time of purchase. “The home must be occupied by the primary person on the loan,” Breyer says.
Occupancy fraud is akin to banking fraud, where banks can request the loan be paid in full. Those who commit occupancy fraud may also face fines, penalties, and even jail time.
Verification. Lenders usually stipulate that homeowners have 30 days after closing to occupy a primary residence. To verify the person moving in is actually the owner, the lender may call the house and ask to speak to the homeowner. A tenant is likely to respond that the owner lives elsewhere.
Don't lie to your lender
Not knowing to tell your lender about renting is one thing, lying to them is another thing altogether. If a borrower does not disclose that they are renting to tenants they could be committing occupancy or mortgage fraud.
In addition, penalties for mortgage fraud – which is what lying on a mortgage application is – range as high as 30 years in prison and a $1 million fine. You likely won't face a penalty like that for a small exaggeration or omission, but you could still end up with a fine and a conviction.
Occupancy Verification Services for Foreclosures
Essentially, banks need to ensure that occupants have vacated the property under foreclosure and are not squatting. Similarly, if a tenant misses a mortgage payment, banks may schedule an Occupancy verification inspection to see if the tenant has abandoned the property.
It is a common misconception that lenders would not accept situations where there are two people to be named on the mortgage but only one person to be named on the property deeds. In fact, some lenders will accept applications from joint borrowers where only one of the applicants will own and live in the property.
A principal residence is the primary location that a person inhabits. It is also referred to as a primary residence or main residence. It does not matter whether it is a house, apartment, trailer, or boat, as long as it is where an individual, couple, or family lives most of the time.
Lending companies cannot force a homeowner to live in a home when they have legitimate reasons –– or even desires –– to move. However, to get out of the owner-occupancy clause on a primary residence home loan, the owner should be able to prove that they had every intention of occupying the home at the time of purchase.
FHA loans are for owner-occupied property only. You must move into the property within 60 days of closing a purchase, and must occupy the property for at least one year. After that, you can change how you use the property.
Homes Must Be Primarily Residential
It is possible to purchase a mixed-use property using an FHA home loan and its' low down payment requirements, but if the home is not primarily used as a residence and has 50% or more floor space taken up by non-residential use it cannot qualify for an FHA mortgage.
The FHA loan rules say secondary residences are defined as follows: “Secondary Residence refers to a dwelling that a Borrower occupies in addition to their Principal Residence, but less than a majority of the calendar year. A Secondary Residence does not include a Vacation Home. “
Job Relocation and FHA 100 Mile Rule
The FHA 100 mile rule allows a buyer to retain their FHA loan on their prior residence and finance another home with another FHA mortgage. In order to obtain another FHA mortgage without selling the other home, the buyer must: Relocate for an employment-related reason.
FHA loans are designed to finance primary residences, not second homes, rental homes, vacation residences, or investment properties of any kind. Thus, at least one borrower listed on an FHA loan must be using the home as a primary residence within 60 days of closing on the property.
If you are a homeowner, the terms of your mortgage may not allow you to rent out your home unless you obtain something called consent to let. Letting out a room without the permission of your lender is classed as mortgage fraud, even if you are in the process of switching to a buy to let mortgage.
And the answer is no, you can't. Residential mortgages are for properties that the borrower will live in and call home. If you want to buy a property which you will rent out and never live in, you need a buy-to-let mortgage which could be tricky.
If you have a residential mortgage, it's against the terms of your loan to rent it out without the lender's permission. That amounts to mortgage fraud. The consequences can be serious. If your lender finds out it could demand that you repay the mortgage immediately or it'll repossess the property.
A primary residence is the place where you will most likely live and spend most of your time. Primary residence mortgages can be easier to qualify for than other occupancy types and can offer the lowest mortgage rates.
Yes, a mortgage lender will look at any depository accounts on your bank statements — including checking accounts, savings accounts, and any open lines of credit.
To verify your income, your mortgage lender will likely require a couple of recent paycheck stubs (or their electronic equivalent) and your most recent W-2 form. In some cases the lender may request a proof of income letter from your employer, particularly if you recently changed jobs.
You won't be able to let your property under the terms of a residential mortgage, so letting it without receiving prior permission from your lender could breach this contract. If you're only looking to rent out your house on a temporary basis, some lenders may grant you a consent to let.
You should live in your primary residence for a minimum of 12 months before renting it out in order to stay in the good graces of your lender. They will consider extenuating circumstances, however, so be upfront and discuss your options to avoid being accused of mortgage fraud.