If you didn't see this dead tree when you inspected the property then how could you ever prove the sellers knew the tree was dead?

Multi-family is a little tough in COS these days (know a few agents/investors looking for them right now) but not impossible.

We inadvertently can prove that our listing isn't being "used" for more than 90 days.

Which is why its a tough decision, If she wasn’t a week away from closing or just got denied in the beginning of the process I wouldn’t think twice about this deal.

Tough question.

It's going to be extremely tough to find anything that will come anywhere close to cash flowing in the Fan or MD.

here you go      BUT it is up to YOU and your spouse to document as in prove on paper where you lived and what percentage of the multifamily was owner occupied and what % was investment.

How do I prove it if I want to give her a 30 day notice.

Denver is a tough market currently but renting out the basement/house hacking is an awesome idea and a great strategy for this market. 

Taxpayers who engage in more frequent real estate sales still may be able to prove that the sales represent an investment activity when compared to their primary occupation.