Realty Times May 5, 2003

FHA Announces Tough New Anti-Flipping Rules
by Kenneth R. Harney

The Federal Housing Adminstration last week announced new, nationwide restrictions against "flipping" --a commonplace element of "predatory lending" fraud in some large urban markets.

As of June 2, FHA financing will no longer be available on any house resold within 90 days of its acquisition. For resales occurring within 91 to 180 days, the agency may impose additional requirements on the lender, including an independent second appraisal or other documentation to establish the true market value of the property.

The new rule represents a compromise by the agency, which had originally proposed banning FHA insurance for any house resold within six months of acquisition. That proposal drew howls of complaint from small investors, Realtors and urban redevelopment groups who buy up and repair inner city properties and resell them as legitimate business enterprises.

"Flipping" typically invoves acquistion of a property by an investor at a low price, and its rapid resale for a profit. Sometimes the resale occurs within days of acquisition by the investor, sometimes months.

Predatory flipping--the target of the new federal restrictions--occurs when a recently acquired house in a lower-cost urban neighborhood is resold for a high profit with an artifically-inflated valuation. Typically there is collusion between the investor, an appraiser, and a loan officer or mortgage broker. In some cities, such as Baltimore and Los Angeles, flipping in recent years has become a serious financial problem for FHA.

For example, predatory investors would buy up inner city rowhouses in Baltimore at rock-bottom prices, perform cosmetic improvements, then re-sell the properties after a few weeks at artificially high prices supported by fraudulent appraisals. In some cases, investors or lenders faked the incomes and credit ratings of their home buyers, essentially defrauding the FHA insurance fund by putting ineligible borrowers into homes with grossly inflated price tags.

The FHA insurance fund was left holding the bag when the flipped houses turned into defaults and foreclosures. Under the final rule announced last week:

  • FHA will not insure resale houses unless the owner of record is the seller. This is aimed at deterring situations where investors flip the real estate sales contract--the right to buy the house--rather than ever taking legal possession of the property.

  • Resales occurring between 91 and 180 days will be eligible for FHA insured loans provided the lender obtains a second appraisal based on a resale threshold percentage established by the agency. For instance, if the property’s price jumped by more than 50 percent within a four month period, FHA might ask for a new, independent appraisal. Or the threshold could be higher--100 percent, for instance, depending upon local market conditions observed by FHA.

    Housing and Urban Development secretary Mel Martinez called the anti-flipping restrictions "a major step in our efforts to eliminate predatory lending practices."



  • Copyright © 2003 Realty Times. All Rights Reserved.

    With an award winning staff of writers providing up to the minute real estate news and advice, thousands of REALTORS® in North America reporting daily market conditions, and a nationally broadcast television news program, Realty Times is the one-stop shop for real estate information. That's why over 10,000 real estate professionals have turned to us for their publicity needs.