Originally posted by @Andrew DeB:
As i said before, whats done is done i didn't make this thread to debate about mortgage fraud or whether its worth while to pay CMHC. Besides there is no detailed time restrictions as to how long you have to live in it before you can rent it out. You can't tell me because i put 5% down i have to live in it till its paid off. My question still remains, Is it possible to buy a 3rd property with 5% down?
Q: "because i put 5% down i have to live in it till its paid off"
A: No. See below but in my opinion CMHC is clear: only 1 insured mortgage for principle residences per borrower. Your options (IMO) are:
- Sell the residence, and obtain a new insured property - you still fall within the guidelines of only 1 insured mortgage.
- Buy the new residence and obtain a conventional (not insured) mortgage - you still fall within the guidelines of only 1 insured mortgage.
- Buy the new residence and obtain an insured mortgage under rental property guidelines (20% down) - you have more than 1 insured mortgage, but you used the correct CMHC program for investors, not principal residence purchasers.
- Do what you're suggesting; find a lender willing to overlook the guidelines, and hope CMHC ignores the guidelines. Try your luck, and meet the consequences if they arise. I'm with other posters - this is a pretty silly move, but that's my opinion.
Your original question was "Is it possible to buy 3rd, 4th+ primary residences with 5% down" per the thread title.
The answer some folks have given is that if you do this, it could be interpreted as mortgage fraud under the current rules/guidelines from CMHC about what they're willing to insure. That's a pretty clear cut answer IMO.
I'm not entirely clear about what you're asking for other than this as if you want a very definitive answer, you'll need to either (or both):
1. Ask a lender.
2. Ask CMHC.
3. Ask a lawyer well versed with CMHC guidelines for a legal opinion if it's somehow a grey area with them (which, IMO, it is not).
A few minutes on google turns up information that supports the other posters who have suggested what you're trying to do could be a grey area, at absolute best, and in a worst case scenario, someone might interpret as fraudulent.
Per CMHC effective May 30 2014:
http://www.cmhc.ca/en/hoficlincl/moloin/moloin_014...
"Going forward, CMHC will limit the availability of homeowner mortgage loan insurance to only one property (1 – 4 units) per borrower/co-borrower at any given time."
Per TD Bank:
http://www.td.com/to-our-customers/tdhelps/#psce%7...
"...If you choose to make your current home a rental property and purchase another home as a primary residence, you'll have to put at least 20% of the purchase price as a down payment. This is a new lending Canadian Financing rule as Mortgage Default Insurance will no longer be offered on second homes..."
This then leads to the question of:
Can you find a lender who feels differently about it? Maybe. But, ultimately since you want to use 5%, CMHC underwriters have to approve it.
If you've already done it - either CMHC has a different interpretation of the rules and you should just get them to confirm the answer for you directly (because you shouldn't be afraid of this being remotely fraudulent), or, it's a bit grey/shady and they just missed it when they were doing underwriting.
The problem arises in that if it's something they just missed, they might eventually catch it - I'd imagine the minimum penalty would be forcing you to refi at 20% down for any excess properties that were post cut off date for insuring under the old rules. However, it could be far worse than that - the age old advice of "ask a lawyer" applies.
No legal advice inferred, given, etc.