Zoning Causing Losn Issues: Buying House with Detached Guesthouse

Zoning Causing Losn Issues: Buying House with Detached Guesthouse

Saint Petersburg, FL · Member since 2020 · 5 posts · 0 votes

Hey all,

I am currently under contract and ran into a big curveball weeks into my purchase. I’ll explain:

I am currently renting a house in St Petersburg, FL with a detached garage/apartment on the property, which my landlord uses for AirBnB.

Recently, my landlord came to my girlfriend and I saying he wants to sell the house. After some thought, we figured we would offer to just buy it from him, with the idea in mind that we could supplement much of our mortgage with the detached guest house.

After lots of conversations with a lender, I was pre-approved for the ~$300K the owner wants, and I was able to work out a Conventional loan with 5% down, owners pays 3% towards closing costs (he’s a good guy and agreed). My dad also agreed to co-sign with me because, well, Covid-19 currently has me out of my second job temporarily.

With all this seemingly worked out, my dad and I sign the contract for the house purchase, sign the loan application, and have an inspection done last week. I also dropped a check off to the title company.

Now here’s the real knife to the heart- I get a call this morning from my lender telling me that my the property is zoned as a multi-family home (duplex) and not a single family home... meaning that I can no longer do a conventional loan with 5% down. The MINIMUM is now 15% down, or $40,000+ ! There is no way that can happen.

And forget about FHA, since my girlfriend is currently not working till further notice.

Why this wasn’t brought up much earlier in the process is beyond me. It took getting it to the underwriters this late in the game to inform me of this situation.

So the question I have now is, is there any way around this apparent rock-solid rule of 15% down? Or maybe even more realistically, could my landlord contact the county and have the property rezoned into a single family home so that my original down payment of 5% could work? I’m truly devastated about this situation and really don’t want to lose this house.

Thank you for reading!

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  • Lender · San Diego, CA · Member since 2019 · 874 posts · 355 votes
    6y
    Originally posted by @Clint McAllister:

    Hey all,

    I am currently under contract and ran into a big curveball weeks into my purchase. I’ll explain:

    I am currently renting a house in St Petersburg, FL with a detached garage/apartment on the property, which my landlord uses for AirBnB.

    Recently, my landlord came to my girlfriend and I saying he wants to sell the house. After some thought, we figured we would offer to just buy it from him, with the idea in mind that we could supplement much of our mortgage with the detached guest house.

    After lots of conversations with a lender, I was pre-approved for the ~$300K the owner wants, and I was able to work out a Conventional loan with 5% down, owners pays 3% towards closing costs (he’s a good guy and agreed). My dad also agreed to co-sign with me because, well, Covid-19 currently has me out of my second job temporarily.

    With all this seemingly worked out, my dad and I sign the contract for the house purchase, sign the loan application, and have an inspection done last week. I also dropped a check off to the title company.

    Now here’s the real knife to the heart- I get a call this morning from my lender telling me that my the property is zoned as a multi-family home (duplex) and not a single family home... meaning that I can no longer do a conventional loan with 5% down. The MINIMUM is now 15% down, or $40,000+ ! There is no way that can happen.

    And forget about FHA, since my girlfriend is currently not working till further notice.

    Why this wasn’t brought up much earlier in the process is beyond me. It took getting it to the underwriters this late in the game to inform me of this situation.

    So the question I have now is, is there any way around this apparent rock-solid rule of 15% down? Or maybe even more realistically, could my landlord contact the county and have the property rezoned into a single family home so that my original down payment of 5% could work? I’m truly devastated about this situation and really don’t want to lose this house.

    Thank you for reading!

    Sorry to hear this tough situation. Who brought this to the attention of the lender? Apprisal?

  • Saint Petersburg, FL · Member since 2020 · 5 posts · 0 votes
    6y

    @Guifre Mora Thanks for the response. To my knowledge, it was the underwriter for the loan who brought it up while the loan was under review today.

  • Lender · San Diego, CA · Member since 2019 · 874 posts · 355 votes
    6y
    Originally posted by @Clint McAllister:

    @Guifre Mora Thanks for the response. To my knowledge, it was the underwriter for the loan who brought it up while the loan was under review today.

    Not much you can do as for the lenders side its not their fault or the underwriter, your sellers are in the wrong for not being upfront; there’s almost no chance they didn’t know about this issue. The seller’s broker and your broker, assuming you each had representation, should have researched this. 

    You can go to the city and request a zoning variance, though the process can take 2 months or longer and cost $250 and up. Confer with an official on your local planning/zoning board about the situation. There may just be a little-known zoning stipulation or nuance that actually places the property in conformance.



  • Rental Property Investor · Saint Petersburg, FL · Member since 2018 · 114 posts · 68 votes
    6y

    Hi Clint,

    First of all, congratulations on your first foray into home ownership!

    1) As @Guifre mentioned rezoning is an intense process with no guarantee that it will come out in your favor. This can be done/requested by the current owner.

    2) Check out other loan sources. I don't think the 15% down for multi-family is a hard standard.

    3) Check out NACA.com. They do conventional loans for multi-family with no money down if need be. Their process is intense though so be warned.

    4) Feel free to please please ignore this. This information is gathered from a few paragraphs you shared, I am not aware of any nuances or other factors under considerations going into this from your end.

    You mentioned the purchase of this house is predicated on 4 sources of income from what I can gather. Your two jobs, your girlfriend's job, and rental income from Airbnbing the apartment/garage. Going into the purchase with a 3% assist from your landlord and co-signing from your father. Maybe it might be prudent to consider a more affordable home. I know it's tough giving up the home that you're already living in and feel comfortable with, it feels like home. But this in no way means it's your only path to home ownership.

    Again feel free to ignore this last unsolicited advice and I wish you good luck!

    Thank you,

    Didier Bizimungu

  • Stephanie MedellinBusiness Member
    Mortgage Broker · CA · Member since 2014 · 1k+ posts · 644 votes
    6y

    @Clint McAllister Why is FHA out because your girlfriend is not working?

    Stephanie Medellin, Loan Factory58 Reviews
  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    6y
    There is no reason that it being a duplex should cause any issues. Tell your mortgage broker that he needs to give you a loan with 5% down or you will call other banks and find one that will. There is no reason that a traditional low down payment loan OR an FHA wouldn't work on this property.
  • Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
    6y

    @Clint McAllister getting it “rezoned” single family is for all practical purposes impossible and would destroy the value. Shop for a new lender. It’s a tough environment But with a good co-signer something should be possible. And I wouldn’t sweat a higher rate to make it happen if that’s an option

  • Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
    6y

    @Clint McAllister would your co-signer do a 2nd position loan to you for 10%? If the bank agrees to subordinate that could fly

  • Saint Petersburg, FL · Member since 2020 · 5 posts · 0 votes
    6y

    @Didier Bizimungu

    Thank you for the response! And thanks to everyone who threw their two cents in.

  • Saint Petersburg, FL · Member since 2020 · 5 posts · 0 votes
    6y

    @Stephanie Medellin She would be to be the occupant co-signer for the FHA and her debt to income wouldn't be ideal right now

  • Stephanie MedellinBusiness Member
    Mortgage Broker · CA · Member since 2014 · 1k+ posts · 644 votes
    6y

    @Clint McAllister Ahhh...right because you have a 2 unit with a non-occupant co-borrower, so FHA would not help you with the low down payment. FHA does have more lenient debt to income ratios. Are they including 75% of market rent from the second unit to help you qualify on your own?

    Stephanie Medellin, Loan Factory58 Reviews
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