Buy and Bail

FHA and Fannie Mae “Buy and Bail” rules have been in effect for several months and this is old news to many. This information comes as a reminder.
Because values have declined in most areas making it difficult to refinance, many home owners have decided to purchase another home while their credit is still good claiming they will rent their existing home. Once their new home closes, they then allow their existing home to go into foreclosure and a new term has emerged, “Buy and Bail”.
How Does Buy and Bail Work? Buy and Bail involves lying. It typically involves drawing up a phony rental agreement and presenting this false documentation to the lender. That is mortgage fraud. The FBI defines mortgage fraud as “any material misstatement, misrepresentation or omission relied upon by an underwriter or lender to fund, purchase or insure a loan.”
Here are the steps that a home owner would follow:
First, the home owner decides that (for whatever reason), his home no longer suits his purposes.
Since the home owner cannot obtain a new mortgage loan after a short sale or foreclosure, he sets out to find a home to buy before going into default on the existing mortgage.
A purchase offer is written on the new home and the home owner/buyer submits a loan application.
The lender requests a rental agreement to show that a tenant will move into the home owners old home and make rental payments.
Home owner gets a friend to sign a rental agreement, even though the friend has not intention of moving into or renting the home owner’s old home.
The lender approves home owners new mortgage and funds the loan
The home owner never makes a payment on his old home. A Notice of Default is filed and the home goes into foreclosure, subsequently going back to the bank.
The home owner’s credit is ruined, but he doesn’t care because he has already bought a new home and has no intentions of moving for a long time.
As a result of buy and bail practices, Fannie Mae guidelines now require buyers to qualify for mortgages on both homes at loan inception, unless the existing home has plenty of equity. That’s because a home owner with plenty of equity would be foolish to walk away from it.
Fannie Mae’s Guidelines for converting a principal residence to a second home or investment property is as follows:
If a customer is purchasing a new home prior to selling their existing home they must qualify with both payments (PITI, interest, taxes and insurance). If the equity is less than 30% (market value less than amount owed) 6 months reserves are required. If equity position is 30% or greater 2 months reserves are required. Note: Only 75% of the rental income can be used, even then, for qualifying purposes. An executed 12 months lease and proof that a security deposit in the customers’ account is required.
If a customer is renting out their existing residence the borrower must also qualify with both payments. Rental income can only be used if the equity position is equal to or greater than 30%.
If a client’s pending sale for the existing home blows up before the closing of their new purchase, or will not occur prior to the new home closing the rules are a little different but similar to the first explanation. The payments for the existing home are not required for qualifying purposes if reserves can be documented along with a copy of an executed sales contract and confirmation of all financing contingencies are provided.
FHA’s Guidelines now require buyers who are legitimately purchasing a home and converting their existing home to a rental either qualify for both loans or have 25% equity in their present home. Exception—Relocation:s: The home-buyer is relocating with a new employer, or being transferred by the current employer to an area not within reasonable and locally recognized commuting distance. A properly executed lease agreement (i.e., a lease signed by the homebuyer and the lessee) of at least one year’s duration after the loan is closed is required. FHA recommends that underwriters also obtain evidence of the security deposit and/or evidence the first month’s rent was paid to the homeowner.
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