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Waiting Periods and Extenuating Circumstances After a Short Sale, Foreclosure, Bankruptcy

By
Mortgage and Lending with NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 IL Lic 031.0006220/WI
 
 
Waiting Periods and Extenuating Circumstances
After a Short Sale, Foreclosure, Bankruptcy 



     I wrote recently about Fannie Mae's announcement regarding the extension of the waiting period for those Buyers hoping to become Homeowners once again after having experienced a Short Sales (Pre-Foreclosures).  


https://1609956119.secure-loancenter.com/FreeConsult.aspx     The waiting period is now extended out to 4 years ... regardless of Loan-to-Value considerations (or Down Payment percentages).

     Naturally, there's been a wide range of reaction to Fannie Mae's announcement.  There's also been many questions asked in regards to this change and my post.  So, I'm addressing some those questions here.  

     I'm also featuring information regarding those exceptions seen as viable hardships/options for Short Sales ... and the financing options that remain available for new potential Home Buyers having faced this situation.

     Quite a few questions were raised regarding FHA and VA waiting periods.  Both FHA and VA have shorter waiting periods.  
  
     As a general rule: 

  • VA allows financing two (2) years after a Short Sale
  • FHA requires a three (3) year waiting period

    

     Exceptions to the rules include:

horter waiting periods for VA and FHA loans are possible, if the Mortgage Payment History is perfect (NO late payments).  But this rarely occurs.

  • Conventional Loans can be achieved two (2) years out AFTER an Extenuating Circumstance.

    An Extentuating Circumstance is defined by Fannie Mae as:

    B3-5.3-08: Extenuating Circumstances for Derogatory Credit (04/01/2009)

    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. 

    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.). 

    The lender must obtain a letter from the borrower explaining the relevance of the documentation. The letter must support the claims of extenuating circumstances, confirm the nature of the event that led to the bankruptcy or foreclosure-related action, and illustrate the borrower had no reasonable options other than to default on their financial obligations. 


    http://www.genemundt.com/ContactUs.aspxFHA also has a One-Year (1) "Back to Work" Program, (see my post "Good News for Many Hopeful 2014 Home Buyers: FHA's "Back to Work - Extenuating Circumstances" Program), which allows financing after a significant economic event. Think:  Job Loss, company shut-down, significant pay-cuts.
     
    I obviously can't address all the many and different possibilities and individual scenarios that customers might face within this post.  But I do want to stress this important fact:  Each situation is unique.  Each situation is subject to review.  And that's good news!  
     
    Why?   
     
    Because that means there's no blanket, ready-made decision regarding a customer's individual financial situation.  Each potential Buyer has the opportunity to fully-explain their personal "Extenuating Circumstances" and prove that moving forward, they'll be a responsible Mortgage holder that meets their monthly Mortgage Payment obligations.
     
    Waiting Periods and Extenuating Circumstances After a Short Sale, Foreclosure, Bankruptcy  ... Bottomline:  Ever-changing guidelines make it vitally important that Buyers/Borrowers find and work with an experienced, knowledgeable, and resourceful Loan Officer when considering a Mortgage.  
     
    This is especially true when they've previously faced the challenges of a Short Sale, Foreclosure, Deed-in-Lieu of, Bankruptcy, or any other significant credit challenge.  
     
    In the Chicagoland area, that Loan Officer is Gene MundtExperience counts greatly at this time ...
     
    http://www.genemundt.com/ContactUs.aspx
     
     
     
    *   Hoping to become a Homeowner again after experiencing a Short Sale, Foreclosure, Deed-in-Lieu of, Bankruptcy, or other financial/credit upheaval?  Contact Me today!  I'll put my 37 years of extensive Mortgage experience hard to work on your behalf.
         I can be easily found at:
    Direct:  815.524.2280
    Cell/Text:  708.921.6331
    eFax:  815.524.2281
     
    Click HERE for a FREE Mortgage Consultation!
     

 

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Gene Mundt

 Mortgage Originator  -  NMLS #216987    

                                 IL Lic. #031.0006220  -  WI License #216987                                                                                                    

NMLS #175656

 

Gene Mundt, Mortgage Originator,  40+ years of #mortgage experience, will offer you exemplary mortgage service and advice when seeking:  #Conventional, #FHA, #VA, #Jumbo, #USDA, and Portfolio Loans in #Chicago and the greater Chicagoland region, including:  The #Lincoln-Way Area, #Will County, (#New Lenox, #Frankfort, #Mokena, #Manhattan, #Joliet, #Shorewood, #Crest Hill, #Plainfield, #Bolingbrook, #Romeoville, #Naperville, #Wilmington, #Peotone, etc.), #DuPage County, the City of Chicago, #Cook County, and elsewhere within IL and Wisconsin. 

 

Your Referrals & Testimonials are Always Greatly Appreciated! 

 

 

Comments(35)

Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

You have to let people back in the game or it is game over and nobody plays

Aug 11, 2014 11:45 PM
Bill Roberts
Brooks and Dunphy Real Estate - Oceanside, CA
"Baby Boomer" Retirement Planner

Hi Gene, This is a fine kettle of fish. Published guidelines mean nothing if the underwriter is going to "find" all kinds of other things to object to.

And just how affective are LOEs anyway? The underwriter can use an LOE to justify a loan they want to make or as an excuse not to make the loan.

In the final analysis, this is a philosophical question. Do we want to let people back in the game or not? If you feel that the crisis that lead to so many failed mortgages was beyond the control of the individuals involved, then any standard that judges these people as unworthy of a new mortgage is just plain cruel.

Bill Roberts

Aug 12, 2014 12:04 AM
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

Gene: Your information is very timely because those who have had to sell in a short sale would like to get back into the market. Some are "worthy" and some are not. But who are we, the real estate professionals, to judge? I'd hate to walk in other people's shoes who maybe bought high, then got stuck for many different reasons. Many lost their jobs or took paycuts during the crunch. And, yes, there will always be people who "game" the system but many do not.

Aug 12, 2014 02:16 AM
Kate McQueen
Realty Associates Texas - Cypress, TX
Tailored service for your real estate needs!

Great information here as always, Gene.  Will re-blog.

Aug 12, 2014 05:12 AM
Connie Harvey
Pilkerton Realtors - Brentwood, TN
Realtor - Nashville TN Real Estate

Gene, this is good information to know. I was just talking to a client who had a foreclosure 4 years ago.

Aug 12, 2014 07:32 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Norman:  Understand what you're saying, but I don't see it happening anytime soon.  The lending business is a "micro-managed" rules and regulation business.  They're trying to write a rule to address each and every scenario.  They can't ..

Richie:  Yes, there has to be a route back to homeownership.  A reasonable accounting on both hopeful Borrowers/Buyers ... and Lenders' part too ...

Therein lies the quandry, Bill.  Many were legitimate hardships.  Others were not.  Some sort of reasonable check and balance must exist.  Reasonable being the keyword ...

Hella:  We must take the personal element out of it to a great extent when a Lender.  It's a numbers call.  The numbers (and supporting documentation) must tell the story.  Typically they do ...

Kate:  And as always ... thank you so much ... your support and kindness is appreciated ...

Connie:  Love hearing that the info might come in handy for a customer you're actually working with presently!  Let me know how it plays-out.  Best Wishes for success ...

Gene

Aug 12, 2014 08:09 AM
Nick T Pappas
Assoc. Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, Broker/Providence Property Mgmnt, LLC Huntsville AL - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

Gene, great info for all our clients and I do try to stay on top of all of it, but this is also why I make sure they talk with a knowledgeable lender, before we get too serious about looking at homes.

Aug 12, 2014 09:57 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Nick:  Exactly why we need one another.  We each have our expertise that we can share with the other.  With so many changes taking place at such a rapid clip, it's only growing in importance ...

Gene

Aug 12, 2014 12:33 PM
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Gene Mundt thanks for keeping us updated in all the changes in mortgage industry. When we discuss this, we sound like a PRO!

Aug 12, 2014 01:44 PM
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher
As the Buddhists would say, this too shall pass.
Aug 12, 2014 04:56 PM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

Wonderful information Gene and you are so right...Realtors try to 'know all' and should not give out mortgage info they are not certain about...a great lender such as yourself should be the referral end for the clients...

Aug 12, 2014 09:16 PM
Gary L. Waters Broker Associate, Bucci Realty
Bucci Realty, Inc. - Melbourne, FL
Eighteen Years Experience in Brevard County

Good information here. The most important thing I got... I am no mortgage expert so a referral to a knowledgeable local lender is vital. Thanks!

Aug 12, 2014 09:18 PM
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

This is why it's so important for each potential buyer to talk to a qualified mortgage lender to find out what their specific circumstances mean.  THanks for the overview of the waiting periods.

Aug 12, 2014 09:23 PM
Stacy Ann Stephens
Keller Williams Realty CT - 860-704-9070 - Wallingford, CT
Realtor, New Haven & Hartford CT Homes For Sale

Gene, this is great information; in my area, this seem like every 1 out of 8 people is in this situation. The truth is the lenders need to put measures in place to send a strong message that these forgiving programs are not loopholes. 

 

Thanks for sharing!

 

 

Aug 12, 2014 09:25 PM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Praful:  You're welcome!  Having up-to-the-minute info ... and being able to speak to it ... it a definitely advantage ...

Laura:  Yes, the new becomes the routine and norm quickly ...

Ginny:  It's good that realtors know about the changes.  They can then alert their customers to ask questions about the specifics.  Good point ...

Gary:  And I am not an agent.  We each have our talents and specific knowledge to share ...  and to refer to ...

You're welcome, Kat!  Having strong, knowledgeable referral partners is a blessing each of us should experience ...

Stacy:  The rules should be seen as just that.  Criteria that must be adhered to and followed.  Not loopholes .. or rules that apply to just "some" ... thanks for commenting!

Gene

 

Aug 12, 2014 10:53 PM
Jonathan Crompton
Keller Williams Realty - Mount Pleasant, SC
Helping you establish your roots in the lowcountry

Great article and valuable information! 

Aug 13, 2014 06:58 AM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Thank you for the great tips. I will share this with others.

Aug 13, 2014 07:49 AM
David Shamansky
US Mortgages - David Shamansky - Highlands Ranch, CO
Creative, Aggressive & 560 FICO - OK, Colorado Mtg

Hi Gene, always great content my friend and this is going to help some and hurt others.

Aug 13, 2014 07:57 AM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

Good unfortunate information....four years to a family is eternity. Fortunately not all lenders rely 100 percent on gov't backed loans...and whatever wisdom there is in this act of the government...escapes us.

Aug 15, 2014 09:11 PM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Thanks, Jonathan!

Appreciate you sharing the info, Gita ... thank you!

Thanks for the thumbs-up, David.  Time will tell how this plays-out ...

Sally:  4 years seems like an eternity, no doubt about it.  And you're right about lenders having products that help those with needs outside of the box.  The flexibility they provide to agents and their clients is valuable ...

Gene

Aug 18, 2014 06:03 AM