Clarifying question on Deed restrictions pertaining to Short Sales and REO's

Asked by archinvest11, Fort Lauderdale, FL Wed Oct 31, 2012

Does anyone know lenders that do NOT require you to hold a short sale or reo for 30-60-90-120 days before being able to resell the property. For eg: Bank of America usually has 60 day deed restrictions. Trying to avoid this scenario and would welcome your answers.

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Annette Law…, Agent, Palm Harbor, FL
Thu Nov 1, 2012
The term we need to use is 'SEASONING.'
Today, as they did in the days of Zero down, Zero interest, banks DO intend to sell the mortgages to investors. Each bank has a different set of requirements to insure their ability to rid themselves of these mortgages. The 'SEASONING' issue is primarily connected to the institution that will eventually take this mortgage into their investment portfolio. The great care the lender exercises is due to the ability of the institution to compel the bank to 'BUY BACK' the mortgage if it has been misrepresented to the institution or investor. Fannie May is the primary driver of this requirement since they ultimately end up holding most of the mortgages in the USA.

Real estate is way to unpredictable to allow this issue to influence your ability to make money. Even if a property were identified, such a restrictive time window will prove to be a true Achilles heel.

Best of success to you,
Annette Lawrence, Broker/Associate
Remax Realtec Group, Palm Harbor, FL

Big Water:
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Lynne Hale, Agent, Fort Lauderdale, FL
Wed Oct 31, 2012
There is not a list of banks that hold a deed restriction. It varies from Bank to Bank. Bank of America does not own its own loans and it depends on the investor who holds the loan as to whether they have the restriction. Often, the deed restriction is on the listing, but not always, and sometimes can be negotiated.
This is a very vague answer for you, but the best I can give.
Kind Regards,
Lynne Hale
Century 21 Hansen
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