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Updated almost 12 years ago, 01/16/2013
Anti-Flip Clause
So I have read in many places and discussed with many attorneys about the 30 - 90 day anti - flip requirement for short sale acceptance.
However, has anyone ever bothered to question the banks legality for requiring this?
Can a seller or anyone tell you what to do with what you "own?"The bank does not own the property. They only approve that the seller sell the property for less than what is owed. That's all.
Its like me buying a Mercedes Benz and the dealer telling me that I cannot drive it for 90 days or I cannot resell it to a willing buyer!
Who gave the banks the power to dictate what you can do with a property that you own?
The only reason I haven't done it is that I haven't found a title company that will close such deals.
By the way, its not a fraud unless you used deceptive means in getting the lower price.
However, if the bank accepts a price and I find someone a week later who is willing to pay considerably more for whatever reason, then thats fraud? Just cos they lost some money.
I'm so happy for the foreclosure settlement deal. They can defraud everyone (the whole mortgage crisis, predatory lending, stated incomes to qualify people for loans, robo -signing, mortgage back security frauds e.t.c) and it all good as long as they are making money?
I say it is not legal for the bank to tell anyone what they can do with their property or how much they can sell if for.....
It would be nice to have some discussion around this by anyone ......