Legal Question in Real Estate Law in Florida

I am planning to purchase a Fannie Mae property from Fannie Mae, to live in as the owner occupant. My father will be an "FHA non-occupant co-borrower" on the loan. We've signed all of the documents together so far, but the contract has an "Owner Occupant Certification" Rider that says:

"This is to certify that consistent with the representation made by me in the real estate purchase addendum, section 4, I will occupy, establish and use the above referenced property as my primary residence within 60 days after the closing and will continue to occupy the property as my primary residence for at least one year after the date of occupancy...."

I do intend to live in the property for more than one year. But my father who is also supposed to sign this will not, as he already has his own house. Does this clause mean both of us have to live in it, or just me? There is a ten thousand dollar fine, so I want to make sure that if we both sign it as buyers, I'm the only one who is required to occupy it.


Asked on 3/18/11, 6:52 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Since you are the owner, only you need live there

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Answered on 3/23/11, 7:56 am

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