Do you wonder what “seasoning” is? A common loan term…

Seasoning, sometimes called flipping means that the common guy like you and me cannot enter in to a contract to sell a property without a given amount of time passing.

This is a requirement of lending.  Lenders do not like to see “flipping,” and require that the title “season” before they will loan on the property.  Without seasoning, the lender cannot package the loan for sale on the secondary mortgage market.

The secondary mortgage market is what we commonly hear called “Fannie Mae” or “Freddie Mac,” two of the largest buyer’s of mortgages in these times.

Recently I learned that this even includes an investor who transfers a title in and out of their LLC for lending or liability purposes.  Doing so renders a buyer unable to obtain a loan, no matter how long the “real seller” has been a constructive owner.  The law only cares that the title transferred.  This is a serious point to consider.

Why would this matter?

If the loan cannot meet underwriting guidelines the lending fails.  The lender won’t loan, the mortgage insurance company won’t insure the mortgage, the lender can’t sell the loan.  All around it makes selling a property impossible unless it is a contract sale, a loan that doesn’t require mortgage insurance (such as a 20% down mortgage), or a cash offer.

For a lenders description of this, I obtained the following explanation from Cecelia Kern, of Mortgage Trust:

“Purchase transaction require the subject property be owned by the seller for at least 90 days from the date of the purchase agreement unless the seller meets one of the following conditions:

State and Federally chartered financial institutions and government sponsored enterprises (Fannie and Freddie)

 

Sales by HUD of its real estate owned

 

Local and State government agencies

 

Non-profits approved to purchase HUD REO properties

 

Sales of properties located in presidentially-declared disaster areas.

 

Sales of properties acquired through inheritance – Must document seller’s inheritance of the property

 

Sales of properties acquired by employers or relocation agencies in connection with relocations of employees (Must provide relocation agreement indicating the seller acquired the property as a result of company transfer of the previous owner)

Both lender and property disposition firms they hire or with whom they are affiliated are temporarily exempt from the 90-day lock-out period. Temporary exemption expires with purchase agreements signed by buyers and sellers on or after May 10, 2010

 

Documentation proving the selling entity is exempt is required

 

If seller is a subsidiary or vendor hired by an exempt lender, the relationship between the two entities must be documented Individuals, companies or investors who purchase foreclosed properties and sell them are not eligible for this exemption.

Individuals, companies or investors who purchase foreclosed properties and sell them are not eligible for this exemption.”

 

Comments

Feel free to leave a comment...
and oh, if you want a pic to show with your comment, go get a gravatar!





*