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Can I rent out my primary residence after 6 months?

Profile picture for ounlopez
My wife and I have been living in a condo for the last 4 and a half years. We refinanced last July so we could tap into the equity of the condo. Now, we have found a home (same city) we would like to buy. I just looked at my closing docs on the refinance, and it says we should live in the house for at least one year. Have we met this requirement? 

We were considering doing some remodeling on the new house, so we might actually need to stay in our condo while that happens. 

Should I contact my current bank, or is that asking for more problems? All the lenders I talk to about a new loan say not to worry about the other. We can afford payments on both, without renting the condo out. The current loan is a 25-year conventional, not FHA.

Please help!
 



 
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December 20 2009 - US
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Answers (9)

Profile picture for Pelin Guzel
You should definitely consult with a Real Estate attorney to learn more about your rights. It will give you more confidence during buying process. Good luck...
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January 23 2010
Rudi's answer is right on, see a RE lawyer
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January 23 2010
of course you are not "suppose" to but if your payments are current they have no real reason to be digging around.
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January 23 2010
Profile picture for Colorado Lender
As long as you keep making your payments the bank will not care.
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December 21 2009
Profile picture for Justin Kennedy

yes it is a problem, you signed the occupancy clause; some loan documents contain verbiage within the clause that it maybe wavied with documented a hardship, job transfer, etc.

if the investor does a QC check, transfer/sales your note to investor during the next 6 months' and discovers the property is a investor, you, the lender, and/or investor may require a re-purchase.

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December 21 2009
Profile picture for LUXURY HOME LOANS CA

In this current housing market it is doubtful, even if they could demand payment in full for not abiding by this article, the lender wouldn't, as long as payments are made on time.

THIS IS NOT LEGAL ADVICE. FOR LEDAL ADVICE CONSULT A REAL ESTATE ATTORNEY.

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December 21 2009
It depends on what your mortgage says.
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December 21 2009
Profile picture for ounlopez
Okay, but should I contact the bank? 
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December 21 2009
Profile picture for Colorado Lender
Yes you can rent it out.
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December 20 2009
 

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