People ask me weekly, "If I let my home go into foreclosure or sell it in a short sale, how long until I can buy again?"  

The answer is.... a long time.   Plan on a minimum of three years and as many as seven or more.

Fannie Mae, the largest backer of mortgages in the world, recently sent a harsh message to borrowers for walkaways and other foreclosure situations.    

Plan on waiting five years and then having good credit and a nice sized down payment.

The walkaway trend is popular here in Clark County (Las Vegas) and other areas where many homeowners find themselves upside down on their loans.  These people owe tens of thousands more than the current market value of their houses.  

In some cases, they are upside down by hundreds of thousands.

Some homeowners, who put little to no money down, think they may be throwing good money after bad. So, even if they can still afford the payments, they are simply choosing to walk away. 

Fannie Mae will now prohibit foreclosed borrowers from getting another mortgage through them for five years, unless there are "documented extenuating circumstances."  In those rare cases, you can buy again after three years.  

No word on if this is the same on "settled" accounts like short sales, but most experts say to expect the same guideline.

Extenuating circumstances are life events that are "out of your control" that create a financial crisis, like death of the primary wage earner, medical-related illness to the primary wage earner or, sometimes job loss of the primary wage earner.  

Extenuating circumstances are judged on a case-by-case basis and are challenging to prove.  You will have to document this tragedy through death certificates, medical records, letters from the former employer, and you will have to prove that this event, and this event alone, this led to your financial demise.   

It's not a common exception and underwriters are usually pretty skeptical when faced with it.   Be prepared to provide an extensive paper trail of documentation.

Getting in a bad adjustable rate mortgage or the market turning downward is not an extenuating circumstance.

Even after five years, Fannie Mae will require borrowers with foreclosures to make at least a 10 percent down payment.  They will need a minimum FICO credit score of 680 for a new loan.

Freddie Mac counts foreclosures for seven years.   FHA is currently at three years but it is expected they will increase this soon as well.

The bottom line, once again, as I keep preaching, is to avoid foreclosure and short selling when possible.  There is nothing positive accomplished from either strategy.   Note modification is the way to go.

If there is no way to avoid the foreclosure or short sale, plan on renting, leasing or leasing-to-own for the next three to seven years.

 

 
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24 Comments on How Long Must You Wait To Buy A Home After Short Sale or Foreclosure?

APR
24
2008
I thought on a short sale your put on only a one year probationary period?
12:14am • #1
11 Featured Posts
Not even close, Christopher.   Please read my blog on this subject at Credit Score Truths and Tax Myths of A Short Sale Vs. Foreclosure.   A short sale is usually the exact same, credit wise, as a foreclosure.
12:18am • #2
1 Featured Post Localism Sponsor
Not very long!

Just find a willing investor, explain your circumstances and apply for their Occupy2Own program. If you can show reform, a little down payment, and enough monthly income now.... you should be a good candidate.
12:22am • #3
Another thing that creates walk away is dealing with the lenders and their unwillingness to work with the homeowner or for that matter talk to the homeowner. 
12:25am • #4
11 Featured Posts

Or, what I am assuming is a "wrap" program, like the one Matt is promoting above.  These programs were very popular many years ago when people needed decent sized down payments or excellent credit to buy.  

With the volume of buyers who will now be ineligible for conventional and government financing because of foreclosure and short sale, programs like the one Matt is talking about above will certainly become popular again.  

Thanks, Matt!

12:27am • #5
402,871 Points 15 Featured Posts Outside Blog
To Matt:  In my local market, I have seen a few of these "occupy 2 own" programs... and some of them have been scams.  I think in cases like this the buyer has to be incredibly careful... because there are fewer protections in a program like this for them.  (Thanks, Aaron.)
12:28am • #6
11 Featured Posts

That can happen Serena but its been my experience of late, and I have had a lot of anguished borrowers in my office where I call with them, that the lenders will listen and modify the note if it makes sense.  

It won't save everyone unfortunately.

12:30am • #7
11 Featured Posts

So true, Karen.   I can tell you story after story about borrowers who used to do these programs when they were popular where they lived in the homes for years and then were evicted with nothing. 

Let's hope the next wave of these programs and the entrepreneurs behind them are more scrupulous because they are coming.  That may be asking a lot.

12:33am • #8
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I just heard these stats on the waiting period from one of my favorite lenders.  Astonishing that these buyers have to learn the truth after the fact and this is going to be a hard lesson learned.

Excellent information!

12:33am • #9
11 Featured Posts

I am really frustrated, Leslie, by the way homeowners get their information.   First it was "your home will appreciate so dont worry about that adjustable rate mortgage" to today's "just do a short sale, it won't hurt your credit as much." 

Its important, as professionals, that we do our research before advising those who count on us for the facts.

 

12:38am • #10
Thanks for your post, Aaron.  It's a shame that so many people lack your candor and forthrightness regarding the possibly disastrous effects of foreclosures and short-sales.
1:57am • #11
11 Featured Posts

Although I make my living in sales, Juan, I try not to let those personal financial objectives get in the way of being truthful with my clients.  

There is a lot of incorrect information out there about what potentially can happen to you when you short sale your home or let it go into foreclosure.    Like you said, its all disasterous.

There are a lot of people in our business preying on these desperate people by giving them false hope that a short sale is the "miracle out" that will make it all go away.

10:06am • #12
426,349 Points 36 Featured Posts Outside Blog

Aaron,

Nice post! I've often wondered if the Bank took a deed in lieu of foreclosure, then entered into a 'lease purchase' agreement with the occupants...at least they would get to continue to live there, the bank would avoid foreclosure expenses, and at some time in the future the prior owners would be able to regain title!!! JMHO, Thanks,   Fran

 

10:07am • #13
11 Featured Posts

In theory, that could work, Fran, and its an idea to consider but why would the bank trust that the current owners would continue to make the payments timely when they didnt show the commitment prior? 

In addition, what are the real chances of the borrower regaining title later?   

Its a numbers game and once you get to this point the tried and true methods of loss mitigation come to the forefront. 

You do bring up a very good point though.  A "deed in lieu" is another great option to try and save your credit.   Unfortunately, as you know, they are very challenging to negotiate.

10:16am • #14
426,349 Points 36 Featured Posts Outside Blog

Aaron,

Presumably the payment would be slightly lower because of the lender picking up the property taxes and fire insurance...and as far as 'deeds in lieu'...In PA they are used frequently...and transfer tax exempt!!! Thanks,   Fran

12:34pm • #15
APR
25
2008
535,997 Points 52 Featured Posts Localism Sponsor Outside Blog

Aaron, not only do they have to plan on renting but there are challenges for credit risk renters.  Plan on putting a LARGE security deposit down and doubling your rent.  Then cross your fingers and hope that the house you are renting does not get foreclosed on.    Las Vegas Valley residents who need a place to live (most homes going back are investor owned) NEED to know the conditions of the rental market.  Get a note modification and do what it takes to stay where you are.  If you think getting foreclosed on once was rough enough, think about getting foreclosed on as a renter.

Also, I did a drive by occupancy check on a home a licensed real estate agent owns here.  This is their second home going back to the bank in less than one year.  I think they should lose their licenses for doing that.

8:23pm • #16
126,240 Points Outside Blog
Aaron, Very helpful information.  There is so much confusion for both consumers and real estate agents regarding this unfortunate circumstance.
11:38pm • #17
394,187 Points 23 Featured Posts Outside Blog
I have a friend and client, who wants to keep his primary, but he is choking. And he is so depressed, that he is not talking to them. What can I expect if I with his authorization call for Note Modification? And which department is doing that, the same Loss Mitigation?
11:46pm • #18
APR
26
2008
11 Featured Posts

Those are great points, Renee.  Renting with bad credit presents a whole new set of challenges.  Renters being "foreclosed" on when their landlords stop paying their mortgages is a common problem.

I will reserve my opinion about licensees who speculated and are now walking away however I am sure we would all be surprised by the volume of those numbers.

There is nothing positive about foreclosure or short sale, Roberta, yet we have professionals holding seminars in large conference rooms telling hopeful sellers the "benefits" of a short sale.

Its really great that you are willing to help, Jon.  I wrote a blog on this topic Calling on All Mortgage Lenders on Active Rain! Be a Hero - Give FREE Time To A Distressed Borrower and Help Them Save Their Home thru Note Modification.    Call his morgage company, ask for the home retention or note modification department.  Check our Moe Bedard's website at  http://www.loansafe.org/ before tackling this as there is a lot of great info there.   Good luck!  If you need some tips, I have helped about 50 people so far.  Feel free to call me.

10:57am • #19
APR
22

Aaron-

The problem is that when your put in a loan that you were not told the consequences of (interest only 80/20 loan) and then did the modification.. well some people still cant afford it after that modification... What do you propose they do in that kind of situation?

Thanks- JB

Jennifer Brewer
3:32pm • #20
MAY
26

Aaron,

 

I am already in a chapter 13, and now that my house will be amortizing another $1000 in 3 months I am not sure what to do.  We don't want to lose our home, but were told by our mortgate company that they will not modify our loan. 

Will they work with me, if I stop paying my monthly payments if I am in the middle of a bankruptcy?  Do you have any reccommendations?

 

Thanks,

Lesa

Lesa Allen
1:00am • #21
JUL
19
402,871 Points 15 Featured Posts Outside Blog

Aaron:  Watch out for the comment # 22 above me.  It is a spam comment.  I have seen perhaps ten of them tonight.  Also... I suggest you NOT click on the link... since it is spam... and may lead to some virus or trojan horse.  I suggest you DELETE the above comment.  Take care...

8:29am • #23
AUG
24
1 Featured Post Localism Sponsor

Aaron,

There certainly are a bunch of scam investors out there that prey on a 'needy' Buyer. After some due diligence though, I have found 2 GREAT investors that have proven systems and programs in place there to create a WIN/WIN situation for all involved. It is harder and harder to find legit options these days for those buyers, but I know I can offer my clients a great service by providing them great Rent to Own options in Wisconsin!

3:01pm • #24
OCT
11

Does anyone know how a va guarantee loan works after a forclosure? how long after a forclosure on a conventional loan (not va) can i get a va loan?

daniel stanton
2:24am • #25

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Aaron Gordon, Home Loan Consultant, Las Vegas, NV

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