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Northeast OH Short Sales: Is Renting or Buying Back a Short Sale Mortgage Fraud?

Northeast OH – In many cases, short selling your home and then renting or buying it back is considered mortgage fraud. Because loan modifications are so difficult many homeowners are considering selling their home and then renting it from the new owner.

Many homeowners look at this as the best way to get their loan balance reduced.

“I owe 400k, my house is worth 200k, and the bank won’t reduce the amount I owe on a loan modification. I’ll just sell the home to my friend, rent it from him, and then but it back in 2-3 years after I fix my credit”, they think to themselves.

Click here to discover how other sellers successfully did a short sale and avoided foreclosure.

The Bankers are afraid that if this is allowed, then everyone will want to short sale their house and then rent it from the new owner. To discourage this, some banks are now forcing everyone involved to sign affidavits before they will approve the short sale.

The affidavit says something similar to the following: “There is no agreement, oral or written, between the seller and buyer which allows the sellers to remain in the property as tenants or to regain ownership of the property at any time after the property sells.”

The bottom line is that the banks don’t like short sale leasebacks. If they find out after closing, then you could face criminal prosecution. How exactly?

Well, have you read your entire 18 page mortgage from front to back? Have you read the entire short sale approval letter and all the other short sale documentation? A clause could be anywhere in the paperwork and cause you lots of issues down the road.

So, are short sale leasebacks illegal? I don’t know for sure. I definitely would not do it if I had to sign an affidavit like the one above. If there is nothing like that, then talk to a competent attorney first.

But, even a good lawyer can’t guarantee you won’t face future legal and/or criminal problems. They can only give you their opinion. Many attorneys have different opinions on a legal subject.

The only person’s opinion that matters is a judge who makes the decision on the case. If you are considering a short sale leaseback, then I would simply recommend short selling and renting another home until you can buy again.

It’s just simpler and you will sleep better at night. Thinking about a short sale?

I can help you short sale your property and get back on your feet. Send me an e-mail at I will contact you for a free consultation.

When we talk, I will explain how the process works in detail and answer any questions you may have. Or, if you prefer, you can call me at (440) 348-5500

Discover how other sellers successfully completed a short sale and request a free consultation by clicking here.

Thinking about a loan modification? Our Northeast OH loan modification kit has the instructions you will need to get a loan modification approved with your bank. Click here to request a copy.

Thanks for reading this, Andy Morris.

Andy is a Real Estate Broker at Realty Trust Services.

Phone: (440) 348-5500.

View My homes for sale at

Andy Morris specializes in loan modification assistance and short sales in Northeast OH. Northeast OH Modification Help, Northeast OH Short Sales, Northeast OH Short Sale Realtor, Northeast OH Short Sales. Northeast OH Realtor, Northeast OH Stop Foreclosure, Northeast OH Foreclosure Prevention, Prevent Foreclosure Northeast OH, Northeast OH Foreclosure Defense, Northeast OH behind in Payments.

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