What is the FHA 90-Day Property Flip Rule Exactly?

The FHA 90-day flip rule is a specific regulation from the Federal Housing Administration (FHA) designed to stabilize the housing market and protect homebuyers. In simple terms, the rule prohibits a property from being eligible for FHA-insured financing if it is being resold within 90 days of its previous acquisition. The 'clock' starts on the day the seller's deed was officially recorded, not just when they closed on the home. The sale to the new FHA buyer cannot have a contract date until the 91st day.

This means if you fall in love with a newly renovated home in Houston, you must verify how long the current owner has held the title. If they bought it, fixed it up, and listed it all within a three-month period, your FHA loan application will be stopped in its tracks.

  • Acquisition Date: The date the seller's deed is recorded with the county.
  • Resale Date: The date you, the FHA buyer, sign the sales contract.

For example, if an investor purchases a home in Pasadena, Texas, and the deed is recorded on April 1st, they cannot legally enter into a sales contract with a buyer using an FHA loan until July 1st (the 91st day). Any contract signed before that date will make the property ineligible for FHA financing. (The data, information, or policy mentioned here may vary over time.)

Why Was This Rule Created by the Federal Housing Administration?

The FHA implemented this rule to combat a practice known as 'predatory flipping'. This occurs when investors buy distressed properties at a low cost, perform minimal or purely cosmetic repairs, and then quickly resell them at a significantly inflated price to unsuspecting buyers. This practice became particularly problematic in past housing booms, leading to neighborhood destabilization and high default rates.

Newly renovated kitchen in a flipped house.

The rule serves several key purposes:

  1. Protecting Homebuyers: It provides a cooling-off period, reducing the chance that buyers purchase a shoddily repaired home with hidden defects at an overinflated price.
  2. Ensuring Accurate Appraisals: A rapid price increase makes it difficult for appraisers to find comparable sales to justify the new value. The 90-day period allows the market to better reflect the property's true worth post-renovation.
  3. Safeguarding the FHA Insurance Fund: The FHA insures loans made by private lenders. By preventing loans on potentially overvalued and risky properties, the FHA protects its mutual mortgage insurance fund from losses that occur when these homes go into foreclosure.

How to Find Out How Long the Seller Has Owned the Property in Houston

Before you get too far into the buying process, it's critical to determine the seller's ownership timeline. In the Houston and Pasadena areas, property records are public information, and there are a few ways to access them.

For sale sign in front of a residential property in Houston.

Your most reliable resource is your real estate agent. They have access to professional tools and can pull the property's full history, including the date the current owner's deed was recorded. This is the most accurate method to confirm the start of the 90-day clock.

You can also perform a preliminary search yourself through the Harris County Appraisal District (HCAD) website. While it provides ownership information, the deed recording date is the official metric, which your agent or a title company can confirm definitively. When you make an offer, the title company will perform a title search that will verify this information as part of the closing process. It's best to know this information upfront to avoid wasting time and money on inspections and appraisals.

Are There Any Exceptions to the 90-Day Rule for FHA Mortgages?

Yes, the FHA understands that not every quick resale is a predatory flip. The Department of Housing and Urban Development (HUD) has established several specific, documentable exceptions where the 90-day rule does not apply:

  • Real Estate Owned (REO) Sales: Properties that have been acquired by a lender through foreclosure and are being resold.
  • Sales by Government Agencies: Homes being sold by federal, state, or local government agencies.
  • Sales by Non-Profits: Certain HUD-approved non-profit organizations that buy and renovate homes for resale.
  • Inheritance: A property that was acquired by an heir or estate through inheritance.
  • Relocation Companies: A property purchased by an employer or relocation company in connection with an employee's move.
  • Presidentially-Declared Major Disaster Areas: The FHA may issue waivers for properties in specific areas that have been officially declared disaster zones to help speed up recovery.

It is essential to understand that these exceptions require clear documentation. Simply claiming a property fits one of these categories is not enough; official paperwork must be provided to the lender for review and approval.

What Are My Options if I Am Still Within the 90-Day Window?

Discovering that your dream home in Pasadena falls within the 90-day window can be frustrating, but you have several options:

  1. Wait for the Window to Close: If you are not in a rush and the seller is willing to wait, the simplest solution is to delay the contract. You can agree on the terms of the sale, but the official sales contract cannot be dated and signed by all parties until the 91st day of the seller's ownership. This requires patience and a cooperative seller.
  2. Switch to a Different Loan Type: The 90-day flip rule is specific to FHA loans. You can explore other financing options, such as a conventional loan, which does not have this restriction. This may require a higher credit score or down payment, but it can be a fast way to move forward.
  3. Negotiate with the Seller: Have an open conversation with the seller through your real estate agents. If they are an investor, they may have other properties or be willing to wait for the 91st day. Communication is key.

Does This Rule Apply to Conventional Home Loans in Pasadena?

No, the FHA's 90-day flip rule does not apply to conventional home loans. Conventional mortgages are not insured by the government. Instead, they follow the underwriting guidelines set by Fannie Mae and Freddie Mac.

While conventional loans offer more flexibility in this regard, individual lenders may still have their own internal policies, sometimes called 'seasoning requirements', regarding recently flipped properties. A lender might require additional documentation or a second appraisal if a property's value has increased dramatically in a short time. However, there is no hard-and-fast rule that automatically prohibits the financing of a home sold within 90 days.

What Happens if the Home Price Has Increased Significantly?

The FHA has another layer of scrutiny for properties being resold between 91 and 180 days after acquisition. If the resale price is 100% or more over the price the seller paid, the FHA requires additional steps to justify the value increase.

In this scenario, the lender must order a second appraisal. This appraisal must be:

  • Performed by a different, independent appraiser.
  • Paid for by the lender or seller, not the buyer.
  • Include documentation to support the increase in value, such as a list of renovations and their costs, and justify the new value.

For example, an investor buys a distressed property in Houston for $120,000. After extensive renovations, they list it for sale 110 days later for $250,000. Since the new price is more than double the acquisition price, any FHA buyer would need a second appraisal to confirm the property is worth the new asking price before the loan can be approved.

How Can I Structure My Purchase Offer to Account for This Rule?

If you're using an FHA loan to buy a recently renovated home, a strategically written offer is your best tool. Work closely with your real estate agent and loan officer to protect yourself.

  • Verify the Ownership Date First: Before you even write the offer, have your agent confirm the seller's acquisition date to see if the 90-day rule is in play.
  • Date the Contract Correctly: Ensure the purchase agreement is dated on or after the 91st day of the seller's ownership. An incorrect date can derail the entire loan process.
  • Include a Strong Financing Contingency: Your offer should include a financing contingency that explicitly allows you to terminate the contract and recover your earnest money if you are unable to secure FHA financing for any reason, including issues related to property flipping regulations.
  • Communicate Clearly: Instruct your agent to communicate with the listing agent upfront that you are an FHA buyer. This ensures everyone is aware of the potential timeline and documentation requirements from the beginning. Navigating FHA guidelines like the 90-day flip rule can be complex. If you have questions about a specific property in Texas or want to explore all your financing options, connecting with a mortgage expert can provide the clarity you need to move forward.

Ready to move forward with your home purchase? Understanding the rules is the first step, and securing the right financing is the next. Apply now to connect with a mortgage expert and explore your options.

Author Bio

David Ghazaryan is the expert mortgage strategist and founder behind iQRATE Mortgages. With a mission to fund home loans that traditional banks won't touch, David specializes in helping clients with unique financial situations, including those recovering from foreclosure or bankruptcy. He expertly crafts smart, strategic, and stress-free mortgages by leveraging a vast network of over 100 lenders to secure competitive rates for investors and homebuyers alike. Praised for exceptional customer service, David has helped hundreds of families with a 97% satisfaction rate, guiding them to the mortgage they deserve.

References

HUD Handbook 4000.1: FHA Single Family Housing Policy Handbook

CFPB: What is an FHA loan?

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FAQ

What is the FHA 90-day property flip rule?
Why was the 90-day flip rule established by the FHA?
Are there any exceptions to the FHA 90-day rule?
How can I determine how long the seller has owned a property?
What can I do if the home I want to buy falls within the 90-day window?
Does this 90-day restriction apply to conventional mortgages?
What happens if a property's price doubles in under six months?
David Ghazaryan
David Ghazaryan

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