I am purchasing some property in a short sale. The Affidavit says that I cannot rent to seller. The loan is only in the wife's name, can I lease the property to the husband and make him tenant? I don't want to do anything illegal.
Real Estate Attorney
It depends, and what affidavit are you talking about? Recently a program called "SSLB" (Short Sale LeaseBack) has popped up -- there is actually a "Realtor" certification for it, and some lenders have hopped on board. Normally a "leaseback" in this kind of situation is presumed to be some kind of scam, so the program has multiple prerequisites and could allow the former seller to remain in the home up to 3 years. Ask your broker and if he or she is NOT aware of it, have your attorney get involved if you think the sellers are simply in a pickle and will be able to handle the rent.... Otherwise if the exiting lender WON'T allow it, you can try discussing it with them, but you may be out of luck and if you do rent to someone who is related to the borrower (ie the wife), you could be in trouble.
Real Estate Attorney
Without reviewing the affidavit, it is impossible to answer your question. I would say that lenders have seen most of the tricks (not that what you are proposing is a trick), so trying to bend the rules may go badly for you. Your best bet is to hire a real estate attorney to guide you through the transaction--and keep you out of trouble. Good luck.
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