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Owner Occupancy and Risk Due to this potential for loss, mortgage lenders conduct occupancy checks to ensure that borrowers are using the property in the way that they indicated on their application.
In cases involving multiple misrepresentations, lenders can also refer the case to the FBI: Lies on mortgage applications are bank fraud and can trigger severe financial penalties, prosecution and prison time if convicted. Bottom line: Dont do it.
Lending companies cannot force a homeowner to live in a home when they have legitimate reasons or even desires to move. However, to get out of the owner-occupancy clause on a primary residence home loan, the owner should be able to prove that they had every intention of occupying the home at the time of purchase.
A use and occupancy clause is an agreement between two parties in a real estate transaction. It is specifically used to provide either the buyer or the seller with occupancy in the property outside of a standard timeframe.
In cases involving multiple misrepresentations, lenders can also refer the case to the FBI: Lies on mortgage applications are bank fraud and can trigger severe financial penalties, prosecution and prison time if convicted. Bottom line: Dont do it.
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People also ask

Can you get out of the owner occupancy clause? If you decide later on that you no longer want to occupy your current home, youll need to contact your mortgage company. Ultimately, itll be the mortgage company that decides whether or not you can convert your home to a rental property.
Changing your home loan from an owner-occupied to an investment loan. If youve decided to use your home as an investment property, youll need to notify your lender that the property is no longer owner-occupied. Thats because a different mortgage product might apply for an investment property.
What is the occupancy requirement? At the time of closing, the house purchased with the NACA mortgage must be the Members only home. After closing, the property must be the Members primary residence that he/she occupies. NACA takes out a lien on the home to ensure this requirement.
Dont lie to your lender If a borrower does not disclose that they are renting to tenants they could be committing occupancy or mortgage fraud. There could be serious implications if your lender discovers that you are lying about the use of your home.
Changing your home loan from an owner-occupied to an investment loan. If youve decided to use your home as an investment property, youll need to notify your lender that the property is no longer owner-occupied. Thats because a different mortgage product might apply for an investment property.

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