FHA Anti Flipping Rule and Fannie Mae 3% Down Loan


fha-anti-flipping-rule-fannie-mae-3-down-loanThe FHA anti flipping rule is back in effect on January 1, 2015. After a 4 year waiver, FHA has decided not continue to waive this rule another year. How does this affect real estate investors? It means that you must own a property for 90 days prior to being able to sell it to an FHA buyer. Since a significant portion of retail buyers of the homes most investors flip are getting an FHA loan to finance the purchase, this is an important change. But when one door closes, another one opens because Fannie Mae just announced a 3% down loan program for first time homebuyers. Arguably the most attractive part of an FHA loan is the 3.5% down payment requirement. So with Fannie Mae jumping into the world of offering a ultra low down payment option, this may help curb the issue of FHA allowing the anti flipping rule to be reinstated. To learn more about the ins and outs of all this, check out this video:


The FHA Anti flipping Rule and Fannie Mae's New 3% Down Loan

*As it Pertains to Real Estate Investors*


I want to describe what these two different loan programs, these two updates that are occurring as a result of these different programs, how that affects real estate investors. Specifically, those investors that buy properties, single family homes, fix them up, and then resell them which his a large majority of the real estate investors out there.


FHA's Anti-Flipping Rule


The anti-flipping rule basically says that when a new buyer, an FHA buyer, somebody getting any FHA loan, are looking at buying a property, that property has to have title seasoning of 90 days.


  • Title seasoning. Ninety days.That means that the seller has owned the property for 90 days. That is what this anti-flipping rule's all about. The FHA buyer, if they're going to get an FHA loan, the seller's had to be on title for 90 days.


For the past four years, 2010 through 2014, this anti-flipping rule has been waived. What they were doing was encouraging real estate investors to buy foreclosures, fix them up, and then sell them right away to re-stimulate what had become a pretty serious real estate bursting of the bubble.

Starting January 1, 2015 this went back into effect. If you just bought a property, and you're going to fix it up, and you're going be the owner for less that 90 days, and then an FHA buyer comes along, you have to wait until the 91st day to sign that contract with that FHA buyer.  That's the anti-flipping rule.

Most real estate investors cringe at this because they think it's ridiculous. I agree. Regardless of what you paid for a property, that should have nothing to do with what you can resell the property for. Even if you bought it really cheap today, and you can sell it tomorrow for a lot more money, that shouldn't matter. An appraisal is going to establish value, not how long you've owned it. This entire anti-flipping rule is ridiculous, but it is what it is, and it's in place. They put it on hold for four years, so we had a four-year hay day, if you will. Those days are over.




By the way, it wasn't really that big of a hay day. If you tried to sell a property to an FHA buyer and you owned it less than 90 days, it was tough. They would do two appraisals. Then they'd make sure the desktop appraisal matched the two actual, physical, appraisals.

If there was anything wrong with the property, they'd demand an inspection be done in most cases. If anything showed up on the inspection report, they made you fix it. Even trying to sell to an FHA buyer when you owned it less than 90 days during this, quote, four year postponement of this rule, was still a nightmare. It wasn't that good of a thing, even when it was.

If you're a real estate investor, buying houses, fixing them up, and selling them, in most cases you're buying those properties in areas in that price point that FHA buyers purchase. They do have limits. These buyers are going to have limits based on price. I've got another one of these markers right next to me here. Limits in most cases, what? $300, in many part of the country, some parts $200. It depends on the area. What I mean is you're not typically getting an FHA buyer on a half million dollar home. FHA buyers, not only is their limit typically in the range where we do our flipping of houses, but also I did some research, and I think something in the range of, and it's kind of hard to figure it out, but something right about 25% of all buyers in recent times have been FHA buyers. That's a lot.




A lot of people have gotten FHA loans.

Why is that? Here's the main reason, in my opinion, 3.5% down payment required. To me, this is the big 80/20 rule. This is the 80% of the reason why. People are getting FHA loans because it only requires 3.5% down.


Other details

People like FHA loans because some of their underwriting guidelines are a little bit relaxed.

For example, if you have student loans in deferment, In FHA underwriting guideline, you don't have to put that in the debts/income ratio. Almost every other lender's like, "Wait a minute. Just because the student loans are in deferment, they're going to have to pay them at some point." They actually include whatever those student loans in deferment, whatever that payment is, they include that in the debt to income ratio. FHA has some flexibility there.

Another thing FHA is, somebody's never bought a home before in their life and they have no credit, sometimes they'll use utility bills as a trade line. FHA has relaxed underwriting guidelines, but most importantly, it only requires 3.5% down. That's why I think 25% of all buyers get FHA loans.

What Does This Mean to You as An Investor?


It means, if you're trying to flip a property fast, you got a problem here. You got to wait 90 days.

  • Time is money. What if you got the property under contract, like I sometimes talk about in my videos, and you find a buyer right away. You don't even own it yet.
  • FHA buyers will make that really difficult. Especially now that they have closed the window for January 1, 2015. When on door closes, another one opens.


Fannie Mae


They now have just announced that they're going to have a 3.5% loan opportunity, or option. FHA is the Federal Housing Authority, they don't actually give the loan. They guarantee the loan. When a bank, like Bank of America, when they issue a loan that's an FHA loan, FHA is the one guaranteeing it. If that person doesn't pay the loan, and it goes into default, and goes into foreclosure, it goes back to FHA. It doesn't go back to Bank of America. Bank of American gets their money back because it's guaranteed by FHA.

By the way, none of this matter if you're in Canada. Don't even worry about ... or not the United States. This is all the United States based stuff. If FHA is the guarantor, then technically the bank is just making sure that it falls within their guidelines.


Fannie Mae is going to buy the mortgage on the secondary market.


What's going to happen is the loan is going to get originated, and then they're going to bundle it up with a bunch of other loans into a package, and then they're going to sell on the secondary mortgage market to Fannie Mae. Fannie Mae actually buys the loan. Then the bank usually continues to be the loan servicer.

Fannie Mae is now allowing for 3% down. That doesn't mean the bank, who's actually giving the money, is going to do that. It means that if they create a loan and there's only 3% down, then Fannie Mae will still buy it. That person has to be a first time home buyer. That does kind of shrink that a little bit

It's nice, one door closes January 1st, that door is closing. This one is opening. Fannie Mae, and again, it depends on which mortgage broker you talk to, but from everything I can gather usually has about a 30 day title seasoning rule which is not nearly as bad. Thirty day title seasoning rule for Fannie Mae. A lot of arrows, a lot of things moving around here.


What Kind of Loan is Your Potential Buyer Trying to Use?


  • If they're using an FHA loan, and you've only owned the property 30 days, you know you can't even try to sell it to them. You can't even sign a contract with them until the 90th day.
  • Fannie Mae, if you've owned it 30, I guess you've reached that period of time. You're good to go. Since this is relatively new, that's not going to be as established of a loan, so it may not go through either.


When you are trying to sell a property, one of the biggest questions to ask is: What kind of loan is it?


If somebody has 3.5%, they may have 5%. What you may want to try to do, even if it's an FHA buyer, is ask them would they be open to going conventional and using 5% down, and then you can pay all the closing costs. Maybe the have 3.5% down, and they have another 1.5 saved up for closing costs.

Five percent is usually the cut-off for conventional. A lot of conventional loans are 5%. Again, as I just mentioned ... conventional ... 3% down, Fannie Mae is considered like a conventional loan. You may even be able to go as low as three, but at least five. You want to try and take borrowers conventional whenever possible.



Anytime you list a property for sale, put it in the realtor remarks that you require that whoever makes the offer to pre-qualify with your mortgage broker. Hopefully, that will also help you. If they pre-qualify with that mortgage broker, they would say, "Yeah, they can go conventional here. Yeah, they're an FHA buyer, but they can also go conventional."

You want to try and take these people conventional even if you have to pay the closing costs or something, or give them some incentive.If you do, conventional is a lot easier, not only from an underwriting perspective, because it usually is a lot faster than FHA.

A lot easier to get a deal done even if you have a low amount of title seasoning, maybe you've owned the property for 15 days, when the loan's conventional. In fact, local banks, they don't even care what the title seasoning is. It's really just the larger organizations that are selling on the secondary market, do care a little bit. If they're going to sell to Fannie Mae, of course, they have to follow their guidelines.


Cash Buyer


If they're an all cash buyer, hallelujah. That's what you really want. If it's cash, I even take a cut. I won't even sell it full price. If they're going to pay all cash, it's worth it to me to pay it ... If an FHA buyer comes along at $120, conventional's at $110, and the all cash at $105, all cash at $105 is getting the deal.

Again, each situation is a little different. If you've got to go to a mortgage broker, and they know for sure that the conventional buyer at $110, no question, are going to close because they got a perfect loan application, then that's different. That's where, also, if you are a mortgage broker, or you've ever been one in the past, that's a huge benefit in being a real estate investor. You can anticipate which potential buyers are most likely to actually close, and which ones their loans are going to fall apart.

Potential Problems


Most people go into buying a home with all kinds of unbridled optimism that they're going to get the loan, everything is going to work out well. We're investors, we have to be somewhat pessimistic and keep an eye on all the potential problems that can occur. Probably the major problem many investors deal with is when the buyer's loan falls apart right before closing and they don't get the loan.

The way you help yourself is you have to study these buyers, and interview them, and talk to them or their buyer's agent, if they're represented by an agent, and find out what kind of loan they're getting. Talk to their mortgage broker. Really find out that situation to make sure you don't tie your property up to sell it and then they drag you down 45 days. The loan doesn't go through because you haven't owned it 90 days. If it's a Fannie Mae, you may have some obscure underwriting rule. You've really got to do your homework upfront, before you agree to sell, and you countersign that offer from that new buyer.


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  1. Emily Busey Hill says

    Phil, would you be willing to do an additional video on the appraisal requirements from HUD? We have a lender/underwriter refusing to accept a flip property FHA application without two (post-repair) appraisals… I can only assume presumably b/c according to rules at http://www.ecfr.gov/cgi-bin/text-idx?rgn=div8&node=24: “HUD may at its discretion” require a second appraisal by a different appraiser (if the sales price is over 100% of what the flipper bought it at, a 2nd is definitely required but that’s not the case here) and the lender doesn’t want to have the package bounce back … anyway it’s frustrating for the flipper, the buyer, the agents … I’d like to know how others are handling this …


    • Emily Busey Hill says

      I’m kind of leaning towards writing up in the purchase agreement that if it’s a flip (which you can pretty much tell from the tax record) the two appraisals will be done automatically, buyer pays for one and seller pays for the other (maybe add a bit to the purchase price to make it easier on the seller), as well as seller will provide lender with cost documentation, to keep HUD feeling fat and happy … I don’t like that “at it’s discretion require more documentation” phrase in the rules at all ..

    • Phil Pustejovsky says

      If you buy your flips cheap enough, and therefore have enough room to sell them to buyers cheap enough, in the event the new buyer’s lender requires a second appraisal, you won’t have anything to worry about because it will easily appraise no matter how many appraisals are done.

  2. Glad I stumbled upon this today! It has helped me understand the position my husband and I are in. Have been working on a deal since Dec 2014, so many issues and we found out in May the property was acquired by the bank who had purchased a tax sale certificate. So the agreement we had with the seller is void and have to start over with the bank. Your video made a complicated scenario understandable to me. The one thing that really gets me is the $1,300 in appraisals we had to pay out of pocket. Mortgage companies need to understand their clients situations much better in order to service them. Hopeful we will close in the next 30 days.

  3. Make concessions to stay out of an FHA and Fannie Mae loan if I can get buyer to do so, I like the addage of if you can put 5% down, go conventional and I’ll pay closing- very helpful!

  4. My selling agent explained that investor have a difficult time enforcing the non refundable earnest money. A second agent on a different property inserted the nonrefundable clause but with the condition that the earnest money was refundable for about 30 days. Can you send me the best way to do this.

    • Phil Pustejovsky says

      “…Earnest money deposit (EMD) becomes non-refundable after X days from date of execution of this contract. Once EMD is non refundable, if Buyer defaults, Buyer forfeits its EMD and agrees to direct EMD escrow agent to release said funds to Seller…”

  5. james childs says

    love you videos Phil I’m learning a great deal from them so please keep sending more.

  6. Great information. As a newbie to real estate investing, I really needed to know this.

  7. I have been trying to find private funding to do so deals. The one hard leader I was talking to is out of their minds. They want $5,000.00 from me just to do the deal plus 1% of the loan a month. The house is a pre-hab that I was looking at and there isn’t that much to do but they would eat up my profit between closing, funding and selling cost. There just to be a better way? I am a former Accountant and can see by the numbers who is making 90% of the money and it ain’t me.

    What a guy to do?

    • Phil Pustejovsky says

      Learn as much as you can from my trainings. If you locate great deals, in many cases, you never have to use funding.

  8. How will “3% down for first time buyers” help investors?

    • Phil Pustejovsky says

      Open up the possibility for more retail buyers. More buyers equals more profits for investors IF you know how to sell your deals to retail buyers (which makes a ton more money then flipping to other investors)

  9. Mary Raley says

    Thank you so much for this information. I have a client that I am going to carry their loan, because if not they were going FHA. This really helped me make a decision.

    Once again thank you.


  10. If that’s true! How does a wholesaler who can flip in 2 weeks or less make money? The only way I see a person wholesaling is if they find a distress home for a great deal that need to be rehab and the A.R.V. is great to resell to those that are looking for a bank loan. The wholesaler can look for a hard money lender and the repairs would be about 3 months and after repairs on the distress property you can resell the home you brought using Hard Money Loans. The only and biggest down fall will be the profit that you would lose because of the monthly interest the hard money lender would charge you each month when you haven’t sold the property! I would like to know another way to go about wholesaling now??? The fannie Mae isn’t a sure thing according to you because it’s a newly implemented thing!

    • Phil Pustejovsky says

      There are many, many, many ways to make a ton of money in this business. There isn’t enough space in this comment box to even begin answering your question. Just bare in mind that there is MUCH more to this than meets the eye. This notification is helpful for certain situations but not all of them.

  11. Hello for someone who is just starting out in the real estate field what will be their first step if they have never did it at all not one thing no experience at all no money or credit or connection

  12. Thanks for explaining this so clearly.
    I am looking forward to working with you guys.

  13. Thanks for the clarification Phil. As a newbie,I find your videos to be a tremendous asset. I absolutely love that you provide straight content!!

  14. Good content Phil. One thing about our laws and how it pertains to the minutiae of Real Estate is that its transitional. Thank you.

  15. Steve Laszczyk says

    So are you saying if it is a conventionial loan, you don’t have to wait 90 days?

  16. I have a property in merrillville Indiana where I live in. I bought it cash and I live in it. I want to keep investing I just don’t know how to get money from it to buy another property fix it and sell it. Any suggestions?

  17. if I already own a home would I be able to use the Fannie Mae 3% down to upgrade and buy larger home I plan to live in? I know some mortgage companies were offering a “step-up loan” at one time.

    • Phil Pustejovsky says

      If you sell your existing home, you would free up your credit to be able to potentially buy a larger one. Ask a mortgage broker for more details.

  18. Thanks Phil

    As always good information

  19. Hi Phil,
    Thanks for the video! Happy new year!

  20. Great post, Phil! You’re an asset to the industry and bring a ton of energy and passion to us… thank you! All the best to you as you grow in knowledge and influence.

  21. Dave Kushner says

    This is valuable information and thank you Phil. FHA is actually an insured loan and the VA is the guaranteed loan. As always, appreciate your messages.

  22. Thanks as always Phil!! You are the bomb sir!!

  23. for someone just starting to learn or wanting to learn the business and dont have a lot of money. what would you advised to them how to get started?

  24. In re to flipping rule, you can have a PA on the property, but you just cannot close within 90 days, correct?

    • Phil Pustejovsky says

      Some underwriters require the Purchase Contract to be signed on the 91st day, others are fine with the closing date being the 91st day.

  25. ithink 3%rule down for any one ,not just investors is great.

  26. Charles Colasante says

    Your the man. I wish you could be my mentor.
    Happy New Year!!

  27. Tim Farrell says

    Thank you for the information. I really appreciate it

  28. how, if any, does this apply to newly built homes? i am building new homes on waterfront properties in NJ.
    Thank you

    • Phil Pustejovsky says

      You may be in the clear because the lot or land underneath the property was purchased more than 90 days prior to you selling the newly built property. I think you’re in the clear.

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