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Departing Residence Rules

Buying a new home before you sell the old one.

Whether you're planning to rent out your current home or sell it around the same time as closing, FHA has specific rules for how your departing residence affects qualifying. Here's exactly what's required.

The short version

What you need to know

75%

Equity required

To count rental income from your departing home, you need ≥75% equity (≤75% LTV) per appraisal or AVM.

1-yr

Lease required

A fully executed 1-year lease, plus proof of the deposit landing in your account.

$0

DTI if selling

If under contract to sell at or before your new closing, the old payment is fully excluded from DTI.

2

Paths forward

Rent it out (with equity + lease) or sell it (with a signed contract) — different documentation for each.

Who this applies to

Is this you?

Relocating for work

Buying in a new town before your current home sells — common with job relocations across the Capital Region.

Turning it into a rental

Keeping the old house as an investment while you move up or move on.

Under contract to sell

Your current home is already under contract, closing near the same time as your new purchase.

The fine print — plain English

FHA guidelines, from top to bottom

These are the FHA (HUD 4000.1) rules I underwrite to. Conventional, VA, USDA, and SONYMA treat some of these situations differently — I'll confirm which program fits when we talk.

Departing Residence · FHA Guidelines

ScenarioRequirement
Renting out departing residenceAppraisal (Form 1004/1007) or AVM showing ≥75% equity (≤75% LTV) to count rental income against the old payment
Lease documentationFully executed 1-year lease agreement required
Deposit proofSecurity deposit or first month's rent shown deposited into your account
Selling departing residenceFully executed sales contract — old mortgage payment fully excluded from DTI
Final documentationSigned Closing Disclosure (CD) from the sale, once available
Source: HUD 4000.1. Conventional loans use a similar 75% equity test but different documentation — ask me which applies to your file.
If FHA's rules don't fit

The Non-QM alternative

Non-QM investors (like the portfolio programs I use for bank-statement and asset-based files) size this differently. Since Non-QM isn't standardized by Fannie, Freddie, or FHA, guidelines vary by investor — here's the general shape.

Buying Before Selling · Non-QM Guidelines

RequirementTypical Non-QM rule
Default DTI treatmentFull PITIA of both properties counted in DTI unless the rental-income exception applies
Rental income exceptionSigned lease + proof of security deposit/first month's rent received
Equity requirement25–30% equity in the departing residence (AVM or appraisal) — stricter than FHA's 75% LTV test
Reserves2–6 months PITIA on each property
General guidelines across Non-QM investors — always confirmed against the specific investor's matrix before locking.
For veterans

The VA alternative

VA doesn't impose a strict equity test on rental offset like FHA does — but recommends reserves.

Buying Before Selling · VA Guidelines

ScenarioVA rule
Not closing before new loanFull PITIA of the departing home counted in DTI
Rental income offset1-year lease + proof of deposit received — no strict equity/LTV overlay, but 3 months PITIA reserves on both properties is highly recommended
Pending sale offsetPayment can be excluded if contingencies are cleared and the buyer has a firm loan commitment
Source: VA Lender's Handbook.
For everyday buyers

The Conventional path

Conventional keeps this simple — qualify with both payments, or use partial rental income to offset.

Buying Before Selling · Conventional Guidelines

ScenarioConventional rule
Qualifying with both paymentsBoth mortgages counted in DTI; you need cash for the down payment without relying on sale proceeds
Renting it out75% of gross monthly rent offsets the current payment, with a signed lease and proof the security deposit was collected
Source: Fannie Mae / Freddie Mac Selling Guide.
For rural buyers

The USDA angle

USDA is stricter about holding two financed properties at once than the other programs.

Buying Before Selling · USDA Guidelines

ScenarioUSDA rule
Two USDA-financed homesGenerally not allowed unless you can show a valid reason — job relocation or a significant change in family size
Rental income offsetOnly usable if the departing residence has ≤75% LTV, backed by a current appraisal or AVM
Source: USDA HB-1-3555. Applies specifically when your new purchase is also USDA-financed.
For NY first-time buyers

The SONYMA angle

SONYMA's first-time-buyer requirement generally rules this out — with two narrow exceptions.

Buying Before Selling · SONYMA Guidelines

ScenarioSONYMA rule
Owning a home while buying with SONYMAGenerally not allowed — SONYMA requires no ownership interest in a primary residence within the past 3 years
ExceptionsWaived for qualifying military veterans or purchases in a SONYMA-designated Targeted Area — even then, you must occupy the new home within 60 days
Source: SONYMA Seller's Guide.
For higher-balance buyers

The Jumbo angle

Jumbo investors add liquidity checks on top of the standard rules — and NAF Cash has its own equity threshold.

Buying Before Selling · Jumbo Guidelines

ScenarioJumbo rule
Selling the departing residenceFinal executed Closing Disclosure required to exclude the old PITIA from DTI
Retaining the departing residenceQualify with full PITIA of both properties; must verify sufficient liquid assets for the new down payment, closing costs, and reserves
NAF Cash® JumboDeparting home must be listed for sale within 7 days of the NAF Cash purchase, with 40% net equity verified (30-35% in select major metros)
Source: Jumbo investor guidelines vary — always check the specific Jumbo matrix before locking.
For land buyers

The Land Loan angle

Land loans don't allow the rental-income offset other programs use — the full old payment counts.

Buying Before Selling · Land Loan Guidelines

ScenarioLand Loan rule
Retaining current residenceFull PITIA of the vacating primary residence is added directly to your DTI — no rental-income offset available
Required evidenceCurrent mortgage statement for the departing home, or paid tax receipts + insurance declarations if owned free and clear
Source: NAF Vacant Land Loan Guidelines. Land loans are purchase-only, $100k-$825k, max 65% LTV.
Good to know

Questions, answered

Can I count rental income from my old house to help me qualify for a new one?+
Yes, if an appraisal or AVM shows at least 75% equity in the departing home and you have a fully executed 1-year lease with proof the deposit was received.
What if my old house is already under contract to sell?+
If it's under contract to close at or before your new mortgage, the existing mortgage payment is completely excluded from your DTI — no rental documentation needed.
Do I need to have already sold my current home to qualify for a new mortgage?+
No. You can qualify while keeping your current home as a rental, or while it's still on the market, depending on which documentation path you use.
Areas served

Where I close these loans.

Licensed across New York State — with deep roots in the Capital Region and select NYC neighborhoods.

Don't see your town? Reach out — I lend statewide. Or see every Capital Region town.