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FBaggins

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25. White may be a respected attorney - but it's clear that this isn't his area of expertise

Reply to muriel_volestrangler (Reply #23)

Fri Oct 10, 2025, 04:59 AM

Oct 10

The Second Home Rider is a uniform instrument from Fannie/Freddie. It isn't "skeevy" to fail to quote it - but it is a bit odd to then use the characterization he thinks is skeevy to build a defense (i.e., that she didn't enter into an agreement that REQUIRES her to rent the property)

6. Occupancy. Borrower must occupy and use the Property as Borrower’s second home. Borrower will maintain exclusive control over the occupancy of the Property, including short-term rentals, and will not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any other person or entity any control over the occupancy or use of the Property. Borrower will keep the Property available primarily as a residence for Borrower’s personal use and enjoyment for at least one year after the date of this Security Instrument, unless Lender otherwise agrees in writing, which consent will not be unreasonably withheld, or unless extenuating circumstances exist that are beyond Borrower’s control.

There are plenty of possible defenses for James as you speculate... but Popehat's "maybe she rented it but didn't enter into an agreement that REQUIRED her to rent it" isn't one of them.

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