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Results 1 to 10 of 10
  1. #1
    calgal is offline Renter
    Join Date
    Jan 2009
    Posts
    1

    Default In California - Someone checking if owner occupied?

    Hi forum! a friend of mine is buying a house, and she told me that she was told that it's real strict now about people owner-occupying the house. that she should be prepared for a visit from someone (the Feds?) to see if in fact she is living in the house. I guess she is putting only 3% down and they want 20% if it's investment property.

    Do people ACTUALLY come to your door sometime in the first few months to check if its owner occupied? Can they ask to come in? what if the owner is not home but someone else is? will they take their word for it? Do they just keep coming back till the owner is home and answers the door? Don't they have better stuff to do than this? LOL

    neither of us had heard of this, and i'm an internet freak, so I said i'd get on a forum and check it out. Thanks!

  2. #2
    Greg is offline Moderator
    Join Date
    Sep 2007
    Location
    Outer Banks
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    1,282

    Default

    I have never heard of face to face checkups but your friend will be required to sign a document stating that they are not going to rent it out and they will be living in the house.

    If your friend does not live in the house and rents it out they will be committing loan fraud which, in certain situations, can be a federal offense.

  3. #3
    thomas12 is offline Condominium
    Join Date
    Dec 2008
    Posts
    172

    Default

    Yes, these sick people keep harrasing you unless they come across the owner.

  4. #4
    donrock is offline Condominium
    Join Date
    Jan 2008
    Location
    Orcutt, CA on the Central Coast
    Posts
    116

    Default Someone checking to see if owner occupied

    The chances of someone physically checking on the occupant is slim. VA used to do it quite a bit but I don't know if they still do.
    Like Greg said it is mortgage fraud if you do get caught. Getting caught is not that hard with the use of computers.
    Play the game fairly and the program that is set up for specially for people who want to become homeowners will continue.
    Don
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  5. #5
    SoCalBuyer is offline Renter
    Join Date
    Jan 2009
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    10

    Default

    what if someone buys a condo and then rents out a room or so, and uses the rest of the property for himself/herself. Can that be considered owner occupied?

  6. #6
    Psychoknight is offline Renter
    Join Date
    May 2009
    Posts
    5

    Default

    It must be owner occupied the majority of the year. All federal and state tax forms includes these issues for deducting mortgage expense. It doesn't technically have to be owner occupied. You can have it vacant, or you can allow anyone you like to live there for free, but you cannot rent or lease it out, unless you live there also concurrently.
    Govern you actions by the question: if everyone else did the same thing I was doing, would it cause a problem? Investment properties are a higher risk for the lender, they need to charge more and/or require a higher equity to make it work for them. If it didn't hurt the lender, your friend could ask for a waiver written into the loan that this special owner-occupied loan will be used as non-owner-occupied investment property. Then what would be the point of having two different loan programs? See why its not fair?

  7. #7
    Hollywood Landlord's Avatar
    Hollywood Landlord is offline Fixer Upper
    Join Date
    Jun 2009
    Location
    Hollywood
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    55
    Blog Entries
    8

    Default I think what everyone is trying to say here...

    is that a basically boils down to a matter of integrity.

    Remember in school when the one person that didn't admit they were the culprit and the whole class got in trouble?

    I don't think anyone means to come down on you too hard, but the rest of us don't want to get put into real-estate investment detention because of your friend.

    I think the best solution is to your situation is what Psychoknight suggested... ask them to put a waiver clause into the loan, so your friend won't have to worry about someone coming to her door or not.

    Keep it clean and simple and no one gets hurt!
    Stirling Gardner
    The Hollywood Landlord

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  8. #8
    Join Date
    Jul 2009
    Posts
    1

    Default

    If your friend does not live in the house and rents it out they will be committing loan fraud which, in certain situations, can be a federal offense.

  9. #9
    tucsonhomes is offline Condominium
    Join Date
    Jun 2009
    Location
    Tucson, AZ
    Posts
    177

    Default

    Quote Originally Posted by calgal View Post
    Hi forum! a friend of mine is buying a house, and she told me that she was told that it's real strict now about people owner-occupying the house. that she should be prepared for a visit from someone (the Feds?) to see if in fact she is living in the house. I guess she is putting only 3% down and they want 20% if it's investment property.

    Do people ACTUALLY come to your door sometime in the first few months to check if its owner occupied? Can they ask to come in? what if the owner is not home but someone else is? will they take their word for it? Do they just keep coming back till the owner is home and answers the door? Don't they have better stuff to do than this? LOL

    neither of us had heard of this, and i'm an internet freak, so I said i'd get on a forum and check it out. Thanks!
    Lenders DO send people to check and it is fraud to claim you are an owner occupant when you are not.

  10. #10
    real-estate-leads is offline Fixer Upper
    Join Date
    Sep 2009
    Location
    Florida
    Posts
    32

    Default

    She should live there for a year to be safe...not want you want to hear, but a fact!

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