I am looking at a house that is legal non conforming and it is listed that if the home is destroyed it cannot be rebuilt because the zoning has changed to NS (neighborhood services) in the town of cheektowaga. I could not get hold of my loan guy at the bank. Has anyone come across this before? do you know if FHA will build a loan on a house with such a lable?
since it cannot be rebuilt for its current use FHA would most likely not underwrite it. they will do legal nonconforming properties but usually only if provided with a statement from the appraiser that the property can be rebuilt for the same use even if not the exact same design.
I wonder if I can get a letter from the town to see if I can get it to be rebuilt. I don’t know if they do that though. I tried calling the zoning guy a bunch of times yesterday but I was unable to get hold of him. I hate it when people dont answer the phone or return calls
Bureaucratic bullshit
if you have a statement from the authority having jurisdiction saying it can be rebuilt for the same use- residential- you should be okay then.
I will try to go into meet this guy in person to see what i can come up with. I dont have high hopes though.
the main things to check on are if it will be allowed to be rebuilt and occupied as a residential property… then determine if there have been any new setbacks or minimum or maximum footprint requirements established since the original construction. even if it is allowed to be rebuilt the other new requirements could essentially make it impossible to rebuild.
We did a rebuild of a collapsed garage in the city of Buffalo a couple years ago and if we did not file a building permit to rebuild, it would not be allowed to be rebuilt in the future at it’s original location because of property line locations. We did however, have to construct it to conform to current building codes and regulations.
just go 5% down conventional FHA sucks now
yeah that is pretty common. even if the rules have changed they will allow you to rebuild over the existing footprint. one of my apartments had a 2 car garage that had a very bad roof when i bought it. it was basically un-insurable and would have cost more to fix than tear down, but i left the slab in place because i’ll be allowed to rebuild it even though it is built right on the lot line which is no longer allowed by the city codes. of course when that time comes the “existing foundation” will miraculously be in much better shape and perhaps another car bay wider.
m&T will not do 5% down. do you know what banks will do this?
Out here, on the outskirts of the hot Austin market, there are northern suburbs that qualify for a 0% down USDA loan. I am looking into this in Leander, Texas.
What conventional loans do 5%