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When can you buy another house after Foreclosure or Bankruptcy?

By
Education & Training with HD Realty BK662006

I get this question all the time, and there's a lot of misinformation floating around out there, so I decided to get you some clarification.  This is as of 8/1/08.

Please note, this is Fannie Mae's Guidelines, so FHA, VA, and other types of loans will differ.

Chapter 7 Bankruptcy (liquidation): 4 years from the discharge or dismissal date

Chapter 13 (repayment plan): 2 years from discharge (paid as agreed) or 4 years from dismissal (kicked out) Extenuating Circumstances: reduced to 2 years.

Multiple Bankruptcies: 5 years (exceptions may reduce it to 3 years)

Foreclosure: must wait 5 years from the date of completion, and then from years 5-7, must put minimum 10% down and must have a credit score of 680 or more. Primary residence only. (extenuating circumstances can reduce it to 3%)

Deed-in-lieu-of-foreclosure: must wait 4 years from the date you deed property back to lender. Then from year 4-7 may require a larger downpayment. (extenuating circumstances: reduced to 2 years, but still may need larger downpayment from year 2-7)

Short Sale / pre-foreclosure sale: 2 years with no additional requirements or guidelines. (no extenuating circumstances)

As you can see from the guidelines, in Fannie Mae's eyes, a short sale is better than a deed in lieu, and a deed in lieu is better than a full-blown foreclosure. Hopefully this will help folks out who are facing tough decisions.

Here's a link to see FNMA's guidelines as they went into effect on 8/1/08

 

AndyTolbert

Roland Woodworth
Blue Cord Realty - Clarksville, TN
Blue Cord Realty

Andy: This is great information. Thank You for taking the time to share

Aug 12, 2008 03:55 PM
Robin Landis
ERA Dennis Realty - Lutz, FL

Thanks Andy!! Those are questions we hear everyday here in the Tampa Bay area! :0(  We have become counselors and heros with a smattering of bad news bears in this market. Helping these people is going to bank alot of good karma for when these folks are ready to buy again in 2-3 years. Good news for those of us that are in it for the long haul!!

Thanks for the info!!

Aug 19, 2008 10:44 AM
Gina Chirico
Lattimer Realty - Fairfield, NJ
Real Estate Agent - Essex County, New Jersey

Andy,  thanks for passing on this useful information.

Aug 19, 2008 01:57 PM
Jenn Neumann Deer
RE/MAX Southern Shores - Surfside Beach, SC
Surfside Beach Real Estate

Thank you for passing this information along.  Unfortunately it seems to be a more frequent conversation that needs to be had with sellers lately and the more info I have the better.

 

Oct 10, 2008 03:15 PM
Anonymous
king

is there a way 2 buy before 2 years after short sell ?

Jun 06, 2009 06:13 AM
#5
Andrea "Andy" Tolbert
HD Realty - Sanford, FL
Broker, Safety Expert, Instructor

Hi King,

As far as I know there are no loan programs that will do under 2 years.  That may change, but for now that's what we have to work with.

The other option is to find a seller that will hold owner financing, or do a lease-purchase or contract for deed.

Jun 08, 2009 03:28 AM
Anonymous
Tina

Hello Andy,

I was wondering if there are any laws out there that will pardon the consumers that failed victims of the mortage scam? If we signed off on one rate and after that year was up you are hit with a higer intrested rate. With all this Gvt bellout there should be something to help people that lost their homes.

Aug 06, 2009 03:36 PM
#7