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need to refinance…?

Written By: admin on November 3, 2009 One Comment

k here’s the deal. my hubby is military and prior to us getting married i bought a house. now a year later, we’re overseas and since i didn’t want to sell the house, we’re forced to rent it thru property mgmt. basically the bank has said that we must refinance because its an FHA loan where it has to be owner occupied. but the problem is that they no longer can use my credit scores on this seeing as how i’m not working. so we looked at hubby’s and the really fantastic score that he has was only reported to one of the 3 agencies. my question is how long will it take to get his credit up to par, and in the meantime how worried should i be about the mortgage company finding out about what we’re doing in renting it out? there is no military clause. if they do find out, how much time do they generally give you to get things settled up? i really want to do this legit and not commit fraud or anything but the banks weren’t giving me any options at all. any suggestions?
thanks i just went over the lease and itz confusing, stating at one point that u have to live there for at least a year; then later it says ur not allowed to rent it at all. then i went to see about the SCRA and it says plenty about getting out of leases but i can’t see anything about mortgages… guess i’ll prob have to find a lawyer to talk to as i still don’t really have answers….
itz thru South Dakota Housing if that makes any difference…


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One Response to “need to refinance…?”

  1. Dan B on: 3 November 2009 at 1:17 pm

    The bank may be in violation of the Serviceman’s Civil Relief Act. You are overseas not by your choice. No military clause needed. When you married your husband, you are now included in the Act. Contact your Judge Advocate General (JAG) office for help.

    The below site states that you must be owner occupied for 1 year. After that, no requirement. Written by a Florida title company.

    Make the lender PROVE to you beyond all doubt that they are right. Make then cite the rule or law. Their "policy" does not override the FHA. I assure you, they are NOT right on this one. The reason I state this: Owner occupied for how long? How long is the home supposed to be owner occupied? 1 year, 5 years 30 years? It’s not realistic.

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