With the current market conditions and the large number of home owners who are facing foreclosure or short sales, this question comes up often, "How long do I have to wait before I can qualify for a mortgage loan after I go through a foreclosure or a short sale?". Fannie Mae, who sets most conventional loan guidelines updated their waiting period guidelines this year. Below is a table showing the various derogatory credit event and the waiting period requirements:

(1) The maximum LTV ratios permitted are the lesser of the LTV ratios in this table or the maximum LTV ratios for the transaction per the Eligibility Matrix.

You can see that the minimum waiting time after a foreclosure is 3 years and for a short sale is 2 years with EXTENUATING CIRCUMSTANCES". So that begs the question, "What is considered Extenuating Circumstances?". Fannie Mae defines it as follows:

"Extenuating circumstances are nonrecurring events that are beyond the borrower’s control that result in a sudden, significant, and prolonged reduction in income or a catastrophic increase in financial obligations".

So a documented loss of job for an extended period of time would be considered an extenuating circumstance but you quiting a job because you hate your boss (although I can understand and sympathize) would not be considered an extenuating circumstance. The important thing in all this is keeping accurate records and documents regrading your extenuating circumstance. Fannie Mae says:

"If a borrower claims that derogatory information is the result of extenuating circumstances, the lender must substantiate the borrower’s claim. Examples of documentation that can be used to support extenuating circumstances include documents that confirm the event (such as a copy of a divorce decree, medical reports or bills, notice of job layoff, job severance papers, etc.) and documents that illustrate factors that contributed to the borrower’s inability to resolve the problems that resulted from the event (such as a copy of insurance papers or claim settlements, property listing agreements, lease agreements, tax returns (covering the periods prior to, during, and after a loss of employment), etc.)".

If you you cannot DOCUMENT your extenuating circumstance, you would have to wait 7 years after a foreclosure or short sale to qualify for a home mortgage loan up to the maximum LTV. For short sales, you can qualify for a new mortgage in a shorter period of time but the maximum LTV is reduced (see chart above).

Also keep in mind that the above guidelines are for conventional loans. FHA has slight different requirements. As of today, FHA has a 3 year wait period. The 3 year wait period can be waived with extenuating circumstances and re-established credit

 

 
This post has been included in Georgia Real Estate News
Post is included in group: Mortgages

4 Comments on Applying for a home loan after a foreclosure or short sale

JAN
13
2011

I like the chart. Very informative. Buy isn't there still a 2 year wait period for FHA loans with extenuating circumstances?

 

Troy Elston
7:00pm • #1
JAN
14
2011

Troy,

Although FHA has a 3 year wait period after a foreclosure, the 3 year period can be waived with extenuating circumstances. There is not a real firm 2 year wait period rule. The key with the extenuating circumstance waiver is that you must have re-established credit after the foreclosure. The period of credit re-establishment is an underwriter discretion so it can be 12 months of re-established credit or 24-35 months of re-established credit. It would depend on the borrower's other compensating factors such as down payment amount, debt ratio, asset reserves, etc. I will say that I have never seen an approval with less than 12 months of re-established credit.

Christian Pak

10:12am • #2
FEB
08
2011

Hi!!!

I want to know if I can buy a house after bankruptcy after 2 years + down payment 20%,and my credit score is 580,i am working 2 years?????

Mary
8:29pm • #3
FEB
09
2011

Mary,

Based on the information you provided, you should be eligible for FHA financing.

Thank you.

12:26pm • #4


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