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re: Renting out property without mortgage holder's consent

Posted on 6/27/14 at 7:16 pm to
Posted by weadjust
Member since Aug 2012
15090 posts
Posted on 6/27/14 at 7:16 pm to
The first house I bought I got a 1st time home buyers grant. The grant said I had to live in the home 9 years or pay back the grant(pro rated). Lived in it one year and then started renting it out. Homestead was dropped and the insurance policy was changed to a rental dwelling policy. I paid all payments on time and never heard a word out of anybody about it being rented. The home is now paid for and I have owned it 22 years.
Posted by eng08
Member since Jan 2013
5997 posts
Posted on 6/27/14 at 8:56 pm to
My wife and I both did a similar situation, but it was a 3 year requirement.

It's worked out great so far.
Posted by StrangeBrew
Salvation Army-Thanks Obama
Member since May 2009
18183 posts
Posted on 6/28/14 at 9:22 am to
My advice to you is to stay off the phone to Wells Fargo. Pay them their money every month or refinance it as a rental property you will pay more in interest but you would above board with everyone.
Posted by rmc
Truth or Consequences
Member since Sep 2004
26499 posts
Posted on 6/28/14 at 9:30 am to
quote:

shite, I wasn't even aware the mortgage holder could keep you from renting. Well, "could" is a wrong word, I just didn't think it was prevalent. Sort of like how I've never run into a loan that had a prepayment penalty.


Failing to use and occupy the property as a residence is almost always an act of default under residential mortgages. Most mortgage companies honestly don't care as long as they are getting paid. Especially the large services. /not legal advice./
Posted by Fearthehat0307
Dallas, TX
Member since Dec 2007
65256 posts
Posted on 6/28/14 at 9:55 am to
quote:

My advice to you is to stay off the phone to Wells Fargo. Pay them their money every month or refinance it as a rental property you will pay more in interest but you would above board with everyone.
what I gather from this thread is pretty much as long as you pay your mortgage it should be all good. my concern is them finding out if I switch insurance or/and do a lease purchase agreement. wouldn't they find out then?
Posted by StrangeBrew
Salvation Army-Thanks Obama
Member since May 2009
18183 posts
Posted on 6/28/14 at 10:26 am to
quote:

my concern


Things do not exist in a vacuum. If you are concerned,then you should check into refinancing it as a rental. This does not have to be done through wells. Go online and check out what the options are. Are you in a new primary residence or are you renting?

If you did not purchase the home as owner occupied with your true intent being to turn it into a rental, you did not commit fraud. I do not know what your mortgage contract states so I can not comment on the letter you received from Wells.
Posted by Fearthehat0307
Dallas, TX
Member since Dec 2007
65256 posts
Posted on 6/28/14 at 10:33 am to
quote:

Are you in a new primary residence or are you renting?
I just finished grad school at LSU and just started job hunting so I likely will be leaving BR but will rent an apartment wherever I land unless in the Lafayette area where I will likely temporarily stay with friends.

quote:

If you are concerned,then you should check into refinancing it as a rental
can you explain this process to me I am not familiar with it at all? what would I need to do, how much of an increase in monthly payment can I expect, how long would this process take? any info would be helpful

quote:

If you did not purchase the home as owner occupied with your true intent being to turn it into a rental, you did not commit fraud.
I've lived here for almost 3 years and never intended to rent it but wasn't able to sell it in the need time frame
Posted by GulfCoastPoke
Port of Indecision
Member since Feb 2011
1087 posts
Posted on 6/28/14 at 10:46 am to
Do you plan to change ownership to an llc to avoid liability?

Are you worried about liability involved w renting house as an individual instead of a legally separate entity?
Posted by Fearthehat0307
Dallas, TX
Member since Dec 2007
65256 posts
Posted on 6/28/14 at 11:11 am to
let's say I go ahead and do a lease purchase agreement. what do I need to avoid to keep wells fargo from finding out? what i'm really trying to find out is what should I avoid doing or who should I avoid talking to in order to make this work.

should I not change my insurance? (seems very worrisome if something would happen and I end up have to cover the whole cost)
would signing a lease purchase agreement be ill advised?
should I inform the renters that i'm technically not allowed to rent it out? (in case something goes wrong)


appreciate all the help in this thread
Posted by StrangeBrew
Salvation Army-Thanks Obama
Member since May 2009
18183 posts
Posted on 6/28/14 at 11:11 am to
Refinance Rental Property - Rates
This post was edited on 6/28/14 at 12:49 pm
Posted by Fearthehat0307
Dallas, TX
Member since Dec 2007
65256 posts
Posted on 6/28/14 at 12:16 pm to
quote:

Refinance Rental Property - Rates as Low as 2.75% (2.79% APR)?
Adwww.lendingtree.com/RefinanceRental?(800) 460-8109
Get Quotes from Competing Banks.
5/1 ARM - 2.75%15-yr fixed - 3.13%30-yr fixed - 3.88%Get Free Quotes
if I can do it, refinancing into a rental property seems like the perfect way to go. i'm not sure I'd be able to qualify though. is the process similar to getting financing for the original mortgage loan? I was employed at the time but haven't been for the past year because I was in grad school and had enough money saved up to last but I am currently job hunting as I just graduated last month and have no income coming in. I think that would keep me from being accepted right?
Posted by StrangeBrew
Salvation Army-Thanks Obama
Member since May 2009
18183 posts
Posted on 6/28/14 at 12:50 pm to
Yes and most likely unless you have consigned

Just pay your mortgage on time, get a job and revisit then
Posted by Fearthehat0307
Dallas, TX
Member since Dec 2007
65256 posts
Posted on 6/28/14 at 1:46 pm to
quote:

Just pay your mortgage on time, get a job and revisit then
in the meantime should I just rent it out without consent? I want to do that but unsure how to approach it. do I keep it on homeowners insurance and risk it? do i inform the renters about what i am doing? the couple i'm renting to her brother is a realtor and she asked him about doing a lease purchase agreement so he called me and we talked about it. would it be a bad move to inform him of the situation?

i don't know who to call an ask these questions to without putting myself possibly at risk and no one i know seems to have any idea. sorry for so many questions

i need to let the renters know soon what's going to take place
This post was edited on 6/28/14 at 1:47 pm
Posted by Athanatos
Baton Rouge
Member since Sep 2010
8141 posts
Posted on 6/28/14 at 3:57 pm to
Definitely change to a dwelling policy.
Posted by StrangeBrew
Salvation Army-Thanks Obama
Member since May 2009
18183 posts
Posted on 6/28/14 at 4:31 pm to
Change your insurance, read your mortgage, and profit if there is no provision for non owner occupied.
As for as lease to own I would not enter into such an agreement especially with a real estate professional without consulting an attorney.
Posted by meansonny
ATL
Member since Sep 2012
25572 posts
Posted on 6/28/14 at 10:40 pm to
Why does this thread feel like a troll?
Posted by StrangeBrew
Salvation Army-Thanks Obama
Member since May 2009
18183 posts
Posted on 6/29/14 at 12:05 am to
I agree, I am done!
Posted by Teddy Ruxpin
Member since Oct 2006
39568 posts
Posted on 6/29/14 at 9:55 am to
quote:

Failing to use and occupy the property as a residence is almost always an act of default under residential mortgages. Most mortgage companies honestly don't care as long as they are getting paid. Especially the large services. /not legal advice./


Sad part is I'm a lawyer...Good news is I wouldn't nail you on the legal advice.

I always figured the "non occupation" was more along the lines of lack of maintenance and abandonment. But whatever floats their boat.
This post was edited on 6/29/14 at 9:56 am
Posted by Fearthehat0307
Dallas, TX
Member since Dec 2007
65256 posts
Posted on 6/29/14 at 10:22 am to
quote:

Why does this thread feel like a troll?
quote:

I agree, I am done!
wtf? why would you guys think this is a troll?


Posted by GrantTheFan
Baton Rouge
Member since Nov 2010
336 posts
Posted on 6/29/14 at 10:23 pm to
Because you keep asking the same questions after they've been answered. Change your insurance and keep making your payment, Wells Fargo isn't going to do anything as long as the payments are made. They have to deny your request in a CYA way for a myriad of reasons, mostly due to liability if they sell the servicing rights and the loan defaults after that date - if they told you it was ok to rent, but sold the loan as owner occupied, they would be forced to buy the loan back. You're thinking way too much about this. As for the lease-purchase, usually not a great idea for a couple reasons. One, the transaction would be very complicated unless you pay off Wells first. Two, the insurance scenario gets complicated if you don't pay off Wells, which it doesn't sound like you can do. Just rent it, if they get to a point where they can qualify for mortgage, great, sell it to them. Otherwise, just rent.
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