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Waiting time after foreclosure and short sale

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Mortgage and Lending with imortgage

In today's market, the number of potential clients who have had a short sale or foreclosure are exponentially increasing, but that doesn't mean they can't ever buy again. So how long before they can buy again?

FHA

Foreclosure/Pre-Foreclosure/Short Sale: 3 year waiting period

VA

Foreclosure/Pre-Foreclosure/Short Sale: 2 year waiting period

CONVENTIONAL

Foreclosure: 7 year waiting period from date of completion

Deed-In-Lieu/Pre-Foreclosure (Short Sale):

  • 2 year waiting period - 80% Max LTV
  • 4 year waiting period - 90% Max LTV
  • 7 year waiting period - No Restrictions on LTV

How about other significant events?

CONVENTIONAL LOANS

  • Chapter 7 BK - 4 year waiting period from discharge/dismissal date
  • Chapter 13 BK - 2 year waiting period from discharge date or 4 years from dismissal date
  • Multiple BK's - More than one BK within 5 years, the waiting period is 5 years from the most recent discharge/dismissal date

FHA/VA

  • Chapter 7 BK - 2 year waiting period from discharge/dismissal
  • Chapter 13 BK - 1 year of the payout must have elapsed and must be paid as agreed. Must be able to document that the current situation is not likely to recur. Court must also grant permission to the borrower to enter in to a mortgage transaction

 ADDITIONAL NOTES OF INTEREST:

Q: Can a spouse obtain financing where the non-purchasing spouse experienced a foreclosure or short sale?

A: The general rule of thumb is that if the borrower benefited from the non-purchasing spouse's property (through a tax deduction reflected on the tax returns or by living in the property) & the property went into foreclosure or was a short-sale, they will not be eligible until the applicable waiting period has passed.

Q: What if the foreclosed (short sold) property & mortgage were awarded to the ex-spouse per recorded divorce decree signed by the judge and we can document the mortgage was current prior to the decree date?

A: In this scenario, we would not consider the adverse credit against the buyer

Q: What if the buyer was a cosignor on a loan in which the primary borrower experienced a short sale or foreclosure?

A: The applicable waiting periods would apply even if they did not claim any interest deductions

Q: If the buyer had a loan modification, will this count against them?

A: If a borrower had a modification with forgiveness of debt (the lender reduced the balance the borrower will owe) we consider this a significant adverse event; applicable foreclosurewait periods apply.

More Frequently Asked Questions at www.brianwesthomeloans.com

*reposted for public view

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Brian West
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Sylvie Stuart
Realty One Group Mountain Desert 928-600-2765 - Flagstaff, AZ
Home Buying, Home Selling and Investment - Flagsta

Great info! Lots of misperceptions out there.

Jan 20, 2011 07:55 AM
Brian West
imortgage - Gilbert, AZ
Arizona Lender

Yes there are, hope this will be useful to you!

Jan 20, 2011 08:04 AM
Anonymous
Tom Vallone

How can mortgage companies hold a non-purchasing spouse's foreclosure against the purchasing spouse, when a non-married couple would not be held to the same criteria? That's discrimination based on marital status which is against federal law as well as some State laws such as Michigan's Elliott - Larson Civil Rights Act.

May 18, 2011 02:09 PM
#4
Brian West
imortgage - Gilbert, AZ
Arizona Lender

Hi Tom

Thank you for your note. FHA guidelines look upon community property states like Arizona, where I do loans versus non community property states in different ways. Because of this, we are required by law to pull the non purchasing spouse's credit report, include their debts in the purchasing spouse's liabilities and review major adverse events such as short sales, foreclosures, etc. to determine how it will affect the first lien position of the FHA insured loan. Michigan is not a community property state and therefore is not subject to the same requirements as AZ.

Thanks again for your comment

May 22, 2011 09:02 AM