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Primary Residence issue for FHA duplex with co-buyer

Profile picture for jrainwater
Real Estate Agent
Contributions: 120
Zillow All-Star

Since September 2009

Is it true that for FHA loans, the buyer has to be a primary resident? If so, how should I approach this scenario....

Buyer (we'll call him John Doe) is buying a duplex. He will have family live in one side and lease the other side to the current tenant. He himself will not occupy either side. Offer was written as "John Doe and/or assigned" as the buyer. Here are the options I can think of....

1. I am wrong and he can get the FHA Loan without being the primary resident and/or its fine because his family members will be occupying one of the units.

2. We will have to scrape up the additional down payment money for the 10% rather than 3.5% which may mean asking for some closing costs from the seller and perhaps cutting some commissions if we are close enough to make it work.

3. We might be able to add one of the family members onto the purchase who will be living in the unit so that it would be considered a primary residence and qualify for FHA. Would it count if ONE of the buyers was a primary resident but the other one or two were not? Does it make a difference that they would only be occupying one of the two units?

4. If none of these options work, we would have to back out based on financing contingency.

Any other options I am missing? Any suggestions for this situation?

THANKS!

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October 07 - Everett
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Answers (4)

Profile picture for jrainwater
Real Estate Agent
Contributions: 120
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Since September 2009

Thanks everyone for the help. The buyer has decided to move into the other side of the unit, so all is well. Thanks!
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October 15
Profile picture for Edmonds WA
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The first step you need to do is have your buyer sit down in person in a local mortgage office with his income and asset information.

FHA is a no go.


"and/or assigned" is a red caution flag as well.  No lender wants to work on a purchase only to find out it was assigned to someone else and if it is assigned good luck proving the non-existence of unacceptable assignment fees or contracts.

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October 12
Profile picture for Bryce P Johnson
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FHA requires O/O. If you are going with the non occupant co-borrower option, you are limited to 75% loan to value with 2 units.
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October 07
Profile picture for Courtesy Mortgage
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Option 3 is closest, but it won't work for 2 unit property.  FHA will allow a non-occupant Co-X provided there is a "close relationship" to the occupant, but only on Single Unit Property.

Your buyer needs 25% down to purchase a mult-unit that he will not occupy.
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October 07
 

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Question Primary Residence issue for FHA duplex with co-buyer
  • Latest answer by Jeffrey Rainwater
  • October 15
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