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Can I Buy a Home Immediately After a Short Sale?

By
Mortgage and Lending with Fairway Independent Mortgage Inc. NMLS #196099

Can I buy a home immediately after a short sale? The answer is yes.

  The other day I received a call with this exact question from a Woodbridge, VA short seller. I answered, "Yes you can with FHA, if you meet the following qualifications":

  • Home short sold cannot be a FHA loan
  • Must have been current on mortgage at time of sale
  • Sold home must not require deficiency payment for the difference
  • 620 minimum credit score
  • 3.5% down payment
  • Short sale caused by extenuating circumstances and not just a person trying to take advantage of the market (by selling short and buying same type home at half the price)
FHA requirements
The last requirement of extenuating circumstances is where it gets cloudy. An extenuating circumstance, according to FHA is one of the following:
  • Job loss or loss of income
  • Sickness or illness of the borrower
  • Death of a wage earner
  • Circumstances beyond your control
Click here to read the mortgagee letter from HUD about purchasing after a short sale.

If you don't meet the above criteria; here are the time frames you have to wait before purchasing again:

-Fannie Mae Conventional 2 years with 20 percent down payment
-FHA- 3 years from time of sale

As we continue to be in this market of short sales and foreclosures look for more lending guidance to come with hopefully shorter time frames. Buyers should not be punished or kept out of the market for situations beyond their control.
    
Need an FHA loan in Woodbridge, Va,   have a question, or did the post tickle your curiosity... now feel comfortable giving me a call (703-497-3936), or shoot me an email (I have Blackberry).
markita@weststarmortgage.com



Comments(54)

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Kent Dills
Broker, Dills Real Estate - Bellingham, WA
Real Estate 817-495-8028, Bellingham, Washington
Good blog post Markita. There are some RARE circumstances when a short seller can purchase again in a very short time. IN GENERAL, it's going to be a couple/three years before they can purchase.
Jun 17, 2010 02:19 AM
Kent Dills
Broker, Dills Real Estate - Bellingham, WA
Real Estate 817-495-8028, Bellingham, Washington
Good blog post Markita. There are some RARE circumstances when a short seller can purchase again in a very short time. IN GENERAL, it's going to be a couple/three years before they can purchase.
Jun 17, 2010 02:19 AM
Jim McCormack
Nashville Short Sale Specialist - Jim McCormack - Edge Advantage Realty, LLC - 615-796-6898 - Murfreesboro, TN
Nashville Short Sale REALTOR - Stop Foreclosure

Great info.  Thank you.

Jun 17, 2010 03:33 AM
Tamara Dorris
Master Your Market Real Estate Coaching - Carmichael, CA

Thanks Markita, FABULOUS post that I immediately reblogged for my Sacramento localism crowd.

Great and honest info that we NEED TO GET OUT THERE!!

My best,


Tamara

Jun 17, 2010 03:46 AM
Joetta Fort
The DiGiorgio Group - Arvada, CO
Independent Broker, Homes Denver to Boulder

I will re-blog too. I just spoke to someone last week who was in this exact situation. Job required them to move, they are keeping current on mortgage payments while renting an apartment, not easy but scrimping to get it done. Hopefully, they would be able to buy again, hopefully the lien holder will do the short without requiring them to stop paying.

Jun 17, 2010 04:45 AM
Sam Kader MLO 130505 MB 78982
Pacific Coast Financial LLC Lic# MB78982 - Seattle, WA
Real Estate NMLS 91980 Mortgage Broker Lic MB78982

Thanks for the post. In case if anyone needs it - please refer to HUD - Mortgagee Letter 09-52 dated 12/16/2009.

 

 

Jun 17, 2010 04:49 AM
Chad Boyers
The Danberry Co.- Toledo, Perrysburg, Sylvania, & NW OH - Toledo, OH

Very interesting post, I didn't realize it was even possible.  I do, however, agree with many here in that very few people will even qualify for this.  My guess is that less than 0.5% of short sellers are eligible for this, and most of them would probably prefer to not get right back into owning a home. 

Jun 17, 2010 05:10 AM
Wade Kawahara
Dominion Real Estate Partners, LLC - Phoenix, AZ
Thanks for the information. I wasn't aware that a buyer could do that!
Jun 17, 2010 05:37 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

Good post.  I had a prospect asking me about this the other day.

Jun 17, 2010 07:49 AM
Brad Yzermans
First Time Home Buyer & Down Payment Assistance Specialist in So Cal. - Temecula, CA
Temecula-Murrieta-Menifee FHA/VA Mortgage Lender

Here's how I read it.....feel free to correct me if I am wrong. Here is the mortagee letter everyone needs to read http://www.hud.gov/offices/adm/hudclips/letters/mortgagee/files/09-52ml.pdf

It states NO ONE can purchase using an FHA loan for three years if they did a short sale to take advantage of the market (buy similar/larger home then they have now that results in owing less).  In this market it's imposible not to take advantage of the market.....homes cost less now and no way of getting around that.  The only time they can purchase after short selling is if they are moving for work/job transfer......and would cause an unreasonable commute from their current home.....probably needs to be more than 75-100+ miles each way.  Plus, the lender has to report on credit that the short sale serves in payment in full. 

And they cannot have been late on any installment debt liabilities...not just your mortgage.

Job loss is not an extenuating circumstance.....only death of a primary wage earner or long term un-insured illness.

Jun 17, 2010 07:55 AM
Markita Woods NMLS#196099
Fairway Independent Mortgage Inc. - Woodbridge, VA
Queen of Mortgages - FHA, VA, Conventional, USDA

Hey Brad thanks for your interpretation. I am actually going to add the mortagee letter to the blog post. I will first say every real estate market  and situation is different. You indeed could short sale in this area and not take advantage of the market by purchasing a different type of property or a property with a lesser payment that now meets the financial position of your situation. I definitely could see how that would be a challenge in beautiful California and the homes there....

Lastly as far as job loss, it is an extenuating circumstance with Weststar and our investors interpretation of the FHA guidelines, when the circumstance is properly documented and outside of the buyers control. It is definitely a gray area as some investor overlays and lenders will not allow. At our our company, we have common sense underwriting and typically do fund the loans that are little outside the box.

So let's not take the post out of context, nine out of ten short sellers are not going to meet the aove criteria but for the one family/buyer that does I am glad we have an outlet with FHA.

Thanks for stopping by....

Jun 17, 2010 08:26 AM
Mark R. Westpfahl REALTOR Broker
Vexillum Realty, St. Paul, Minneapolis and suburbs - Eagan, MN
REALTOR® Minnesota Real Estate Broker

Interesting.  I hate to see so many sellers damage their credit when times get tough. It would be nice to get these sellers right back into a house & be current on a loan.

Jun 17, 2010 10:12 AM
Jeanna Martinez
RE/MAX Access - Schertz, TX

Markita - Thank you for sharing!  I was not aware that buying so soon after a short sale would even be a possibility! 

Jun 17, 2010 11:13 AM
Monika Phillips
Keller Williams Realty Palm Beaches - Palm Beach Gardens, FL
PA

What a great post. I wish i saw that post earlier.

I had someone calling and asking if he can stop payment on his house... so he can safe money and buy cheaper house in the same neighborhood.

It didn't sound good. My best bet was to refer him to real estate attorney.

Jun 17, 2010 04:58 PM
Joanne Gillet EdgeOfTheBeach.com
Edge Of The Beach Realty - Pawleys Island, SC
Experience is not expensive. It is Priceless!

Interesting and helpful. I will re post this blog and maybe send it to my short sale clients.. to give them hope.

Most people I am dealing with have a true hardship. But this means they are behind on the mortagage

and I thought that is the only way a bank would consider a short sale anyway? How does this fit?

Jun 20, 2010 03:29 AM
Malik Crichlow
GoodBuy Homes NJ Essex & Union County Real Estate specialist - Maplewood, NJ
Maplewood,SouthOrange,Union Real estate

Great post, their is life after a short sale, people need to really understand this and choose that option over a foreclosure.

Jun 20, 2010 06:11 AM
Arlene Garcia Hanner
SoCalAgency.com / Arlene Garcia Hanner, Broker - Downey, CA
SoCalAgency.com

To N. Peters,

Did you read page 5 of the Morgagee Letter, under the heading Exceptions, it says....Lenders may make exceptions to this rule for borrowers in default on their mortgage at the time of the short sale if:

...default was due to circumstances beyond the borrower control...

...review of the credit report indicates satisfactory credit prior to the circumstances beyond borrower control that caused the default....

Nov 13, 2010 06:48 PM
Brad Yzermans
First Time Home Buyer & Down Payment Assistance Specialist in So Cal. - Temecula, CA
Temecula-Murrieta-Menifee FHA/VA Mortgage Lender

Frances - Since you are moving for work, and your short sale is not 'distressd', it's likely you will be able to purchase a new home after short selling.  But if that proves to be too difficult, you could purchase a home while simutaneously renting out the AZ home for maybe 1-3 months.....then short sell it.

These are just a few ideas off the top of my head.  I'm a loan officer in Southern California but could refer you to a local loan officer up there up in Nor Cal where my company is actually located if you want.

Nov 19, 2010 03:20 AM
Matt Robinson
Professional Investors Guild - Pensacola, FL
www.professionalinvestorsguild.com

Great post Markita.  We definitely need to get this information out to buyers, because many of them will be sitting on the fence thinking that their short sale has disqualified them from buyer and that may not necessarily be the case. 

Apr 19, 2011 04:52 AM
Paul Gapski
Berkshire Hathaway / Prudential Ca Realty - El Cajon, CA
619-504-8999,#1 Resource SD Relo
 

Well sometimes i dont know what to think of short sales. They are getting better and then they are not!

Aug 16, 2011 03:42 AM