Originally posted by @Mike Smith:
Thanks for the reply Mark Ferguson
Love your podcast - btw.
My question is - what's there to stop someone from saying they are an owner occupant and just avoiding the requirement? Especially if they have all cash. That means no mortgage fraud and it's not a government owned home so you aren't fibbing to the government...they confirmed no restriction to resell on the title...
Also - what's the point of it? Banks assume they will get higher offers from the OO community?
They are usually signing an affidavit that states they are occupying it. If they did not occupy it they would be in violation of the contract and committing fraud by signing that document.
I believe they do it to make the government happy. I am not exactly sure why, but maybe it has something to do with the foreclosure laws, bank bailout etc. Banks have to go through a lot now to complete a foreclosure: offer short sales, loan mods, etc. SO even though the bank is not the government. There may be government restrictions in place that caus ethe banks to do this.