How can I petition for a waiver of occupancy requirements on my new refinance so I can sell my house, and temporarily rent it while selling?

Worried Seller
Home Seller
Appleton, WI

I refinanced over the summer from an FHA loan to a regular loan specifically because it looked like I would be moving some time within the next 6 months to 2 years, depending on finding the right home. In my neighborhood homes have been on the market for 12-18 months, so if I wanted to buy, I knew realistically I may need to rent the house while it was on the market. I knew this was not allowed under an FHA loan. The mortgage broker assured me there would be no problem with this plan or such a refinance. However, he did not tell me about the clause in the refinance requiring 12 month occupancy. This is coming up now in that my significant other and I have found the perfect home and want to buy it, and rent out my current house until it sells. My lender is saying NO--and pointing to this clause I was unaware of, even though the clause also states the lender can provide written consent for an exception and that consent shall not be unreasonably withheld. What can I do?

Answers (1)
CC (Colleen) Hi...
Agent
53121
FIRST ANSWER

consult a real estate attorney

Wed Oct 28 2009, 08:51

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