Refinance then buy a new house

No it is not considered fraud. At the time you refinanced you were an owner-occupant. There's no law preventing you from moving up your timetable on purchasing a new home.

Actually, I disagree with Alan. Fraud is driven mostly by intent. You refinanced so you could free up your VA eligibility which can only be used to finance a primary residence. Therefore, the reasoning you are using for the refinance of your current primary residence is already leaning toward fraud. So, what do you do? Since Fannie and Freddie stipulate a 12 month occupancy, my advice is to be patient. You WILL raise serious concerns if you were to go under contract too soon. It would look more plausible that the change was organic, and not contrived if you gave it the year. Could you get away with it? Maybe. Is it worth it? Probably not. People are forgetting that there were many who did what you are thinking of doing before the last market meltdown, paid the price when they were caught. The Feds are watching, and I'd hate to see you as the new poster child for Mortgage fraud. ~ Bert Carpenter, The LoansA2z Team of NEXA Mortgage ~ NMLS 40586 ~ At NEXA, we've got you covered. We are licensed in all states except VA and we're pending approval in MA and NY. ~ www.ApplyYes.com 480-889-9000.