can lender forbid rent back after short sale?

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December 01 2011 - US
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Answers (4)

Profile picture for RichardKas
Thanks, but....
Amanda: what you said is what I already know. I did not make my question clear enough. The point was: is is legal for seller's lender to force buyer to discriminate? Since asking, I have found a reliable answer from FDMC policy, and it appears to be "yes."
Carolina: but closing is too late to find out. Seller will have already moved out. 
Toby: again, I was referring to the arm's length documents that seller's lender requires. 
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December 17 2011
Profile picture for Barnett Associates
The buyer's lender can.
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December 09 2011
Most likely you'll get your answer, as the previous answer suggested, at closing depending on what you are asked to sign.
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December 09 2011
Profile picture for amandathomas
Hi Richard,

"There is no law or court decision that prohibits a buyer from selling or renting the home back to the seller after a short sale.  However, many lenders that approve short sales will require the seller and the buyer at closing to sign "arms-length" affidavits or similar documents that generally would prohibit a buyer from selling or renting the home back to the seller after the closing of a short sale." Source: CLG Link

If you are in the beginning stages of a short sale, petition your negotiator for this request up front.
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December 02 2011
 

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