FHA Mortgage, Divorce, loan assumption and ex-husband job may ask him to relocate. need advice

Ok.. so I read your entire question and I'm assuming that he can qualify and you can be removed from the loan.. It looks like your question is more along the lines of him possibly having to rent the property inside of the 1st year, and can that cause an issue.. so to answer those questions.. Yes.. But no... The rule is that if he rents the home out in the first year, they could call the note due.. However it is VERY, VERY UNLIKELY... the biggest concern is "are the payments being made on time"... With most lenders, if the payment is made on time, there is almost never an issue.. Especially here in these times where it's likely there will be a loss if they had to accelerate the note or foreclose. Also, he does have a strong argument that his "intent" at the time of the assumption was to live in it as his primary, and you cannot be penalized for what happens after the fact or things out of his control.. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com

Can he qualify to buy you out of the house ??? What does your divorce say?? DEALing with FHA , CAN BE quite detailed on everything that you are trying to do.... most loan assumptions, they still need to qualify.. ARE both of your names on the deed???

Yes, he can get an FHA loan to assume the mortgage. The house at the time he is applying is his primary residence. Single family homes are not normally rented out. His concern should be will the current market rent be enough to cover the monthly mortgage. If he wants an appraisal that includes a rent schedule please consider Diane Dufrene at DAS Appraisals.

The real answer lies in the statement you made: "HOWEVER, there is a concern they may ask him to move there full time." If this is just a concern that you or he has that this is something that could happen, then it is not likely to be an issue. It seems that timing is fairly critical and he should act quickly. It is fairly common for people to commute long distances for a day or two a week for their employer as a condition of employment. As long as his employment "base" is local to the home, and he has not been TOLD he is relocating full time, then FHA should not have an issue, even if the transfer occurs soon after the loan closes escrow. There is a provision in the FHA rules for people that are job transferred. Once he has been told of a transfer, then an FHA loan could become problematic. My best advice is to get it done quickly, just in case something is in the works that he has not yet been told about. ~ Bert Carpenter, The LoansA2z team of NOVA Home Loans ~ NMLS 40586 ~ www.LoansA2z.com