Special offer

Waiting Periods After Bankruptcy

By
Mortgage and Lending with Right Trac Financial Group, Inc., NMLS# 2709 NMLS #1012303

As George Souto has provided a wealth of information about waiting periods after a short sale or foreclosure to apply for various types of mortgage loans, you need to be aware that there are also waiting periods after going through bankruptcya bankruptcy.  The guidelines  for waiting periods after bankruptcy are almost as confusing as the guidelines for short sales and foreclosures.  The guidelines will be provided in two parts so as to keep things short and simple.  This post will address conventional loans and tomorrow I will develop the guidelines for FHA, USDA/RD and VA.

To understand fully these waiting period guidelines, you need to be aware of the different types of bankruptcy proceedings.  A Chapter 7 proceeding is a liquidation of the debtor's assets and the debts are discharge, with any available assets being divided among the creditors based on the class of the creditor's debt.  In a Chapter 13 proceeding, the debtor's obligations are restructure and monthly payment amounts are adjusted so that the debtor pays his debts in full over a period not to exceed five years, under the supervision of the bankruptcy court.  A Chapter 11 filing is for businesses and involves a restructuring of the debtor's obligations.  Generally, bankruptcy filings do not affect secured debts.

For conventional loans that are sold to Fannie Mae, there is a 4 year waiting period for Chapter 7 and Chapter 11 bankruptcy proceedings, except that if there are extenuating circumstances the waiting period is reduced to two years.  Fannie's guidelines do not state whether that is four years after dismissal or discharge of from the date of filing.  It would be a safe assumption that the date of discharge or dismaissal would be the applicable start date to determine the actual waiting period for a particular potential borrower  For Chapter 13 proceedings, the waiting period is two years after a discharge or four years after a dismissal.  In other words if a potential borrower who went through a Chapter 13 proceeding did not complete the payment plan and his petition was dismissed, that person must wait longer than the person who successfully completed the bankruptcy payment plan.  If the potential borrower has filed more than one bankruptcy petition within the seven year period prior to the loan application, that person will be subject to a waiting period of five years, except that if there are extenuating circumstances, the waiting period will be three years from the most recent discharge or dismissal.

Lenders do have the option to extend the waiting periods under their own underwriting standards. They do not have the ability to shorten the waiting periods except for extenuation circumstances.  The FNMA guidelines define extenuating circumstances as, "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."

In case you missed the series of blogs by George Souto on waiting periods for short sales and foreclosures, his blogs can be found HERE.

Image courtesy of sidez.net

Posted by

Your Dedicated Mortgage Consultant!

Randy Kirsch, NMLS #1012303

Right Trac Financial Group, Inc. NMLS #2709

110 Main St.

Manchester, Ct. 06042

Office: 860 647-7701 X120

Fax: 860 647-8940

Cell: 202-827-6434

Email: randy@righttracfg.com

www.righttracfg.com

 

Like me on facebookConnect with me on linkedin

The blogs written and published by Randy Kirsch are not in any manner whatsoever to be considered as legal advice or as a legal opinions.  If you have legal questions or concerns regarding any area of real estate law or mortgage law you are advised to consult a licensed, competent real estate attorney in your local area to address your concerns and questions.

 

Randy Kirsch does not guarantee nor is in any way responsible for the accuracy of the information provided herein, and provides said information without warranties of any kind, either expressed or implied.

 

Equal Housing Statement: We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing becuase of race, color, religion, sex, handicap, familial status, or national origin.

Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

Cooling off to recharge.... the repair work after a major financial set back, adjustment news is so so important. In getting credit restore, the buyer back on their financial feet.

Dec 29, 2014 04:32 AM
Randy Kirsch
Right Trac Financial Group, Inc., NMLS# 2709 - Manchester, CT
(NMLS# 1012303) Your Dedicated Mortgage Consultant

Credit rehab is even more important for FHA, USDA and VA loans as they have shorter periods as I will discuss tomorrow Andrew Mooers 

Thanks for sharing.  Make it a great day!

Dec 29, 2014 04:51 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Randy thank you for the mention, and for the information you provided me today to the Fannie Mae change on Foreclosures and Short Sales. 

You did an excellent job on defining the different bankruptcies and how they are handled.  This can be a very confusing topic, and you have made it much more easy to understand.

Dec 29, 2014 06:41 AM
Randy Kirsch
Right Trac Financial Group, Inc., NMLS# 2709 - Manchester, CT
(NMLS# 1012303) Your Dedicated Mortgage Consultant

Thanks George Souto and thanks for the mention in your post.  I hope that between your posts and the two I have planned that people will have a good idea about the waiting periods for derogatory credit items.

Thanks for sharing.  Make it a great evening.

Dec 29, 2014 08:04 AM
Barbara Altieri
Better Homes and Gardens RE Shore and Country Properties - Shelton, CT
REALTOR-Fairfield County CT Homes/Condos For Sale

Randy -- Excellent post and a wealth of information. I am bookmarking both yours and George's posts for future reference. Thank you.

Dec 29, 2014 09:38 AM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Randy. I am fortunate to get referral from a number of BK attorneys, that have clients contact me after a BK. I will coach them on what needs to be done to get themselves ready to be able to buy a home again or to refinance.

Dec 29, 2014 07:36 PM
Conrad Allen
Re/Max Professional Associates - Webster, MA
Webster, Ma, Realtor

Hi Randy.  It is amazing the lack of uniformity when it comes to getting another mortgage after bankruptcy.

Dec 29, 2014 09:01 PM
Randy Kirsch
Right Trac Financial Group, Inc., NMLS# 2709 - Manchester, CT
(NMLS# 1012303) Your Dedicated Mortgage Consultant

Thank you Barbara Altieri   I hope the info will be of help to you at some point.

Thanks for sharing.  Make it a great day!

Dec 29, 2014 09:13 PM
Randy Kirsch
Right Trac Financial Group, Inc., NMLS# 2709 - Manchester, CT
(NMLS# 1012303) Your Dedicated Mortgage Consultant

You have been helping people coming out of bankruptcy for quite a while as I recall Joe Petrowsky and you do an excellent job.

Thanks for sharing.  Make it a great day!

Dec 29, 2014 09:14 PM
Randy Kirsch
Right Trac Financial Group, Inc., NMLS# 2709 - Manchester, CT
(NMLS# 1012303) Your Dedicated Mortgage Consultant

Guidelines do vary from one agency to another Conrad Allen and it is not easy to keep things straight.  Hopefully between George Souto and I you can keep track of the waiting periods and not waste time where someone has a long way to go.

Thanks for sharing.  Make it a great day!

Dec 29, 2014 09:16 PM
Roy Kelley
Retired - Gaithersburg, MD

Thanks so much for sharing important information for prospective mortgage borrowers and their agents.

Dec 31, 2014 12:08 AM
Randy Kirsch
Right Trac Financial Group, Inc., NMLS# 2709 - Manchester, CT
(NMLS# 1012303) Your Dedicated Mortgage Consultant

Thanks for the comment and taking time to read my blog Roy Kelley 

Dec 31, 2014 12:53 AM