Using a VA Insured Mortgage to Purchase a Home After a Short Sale

By
Mortgage and Lending with iLoan - NMLS ID#4474 NMLS 79048

I have had a lot of people ask me about how to buy a home after a short sale using FHA financing but it’s becoming more and more common that people are considering buying a home after a short sale using financing insured by the Veteran’s Administration.  These guidelines use to be murky but the issues concerning waiting periods after a short sale and underwriting guidelines are coalescing around an interesting blend FHA guidelines and Fannie Mae guidelines. There are six unique stipulations and they are as follows:

  • The borrower must have made all mortgage and installment payments within the month due for the 12 months prior to the short sale - This is the same as the FHA rule
  • The short sale must serve as payment in full on the existing lien(s) and the existing mortgage servicer may not require repayment of the difference between the mortgage balance and the short payoff - This is the same as the FHA rule
  • Borrowers may not execute a short sale to take advantage of declining market conditions and purchase, at a reduced price, a similar or superior property within a reasonable commuting distance - This is the same as the FHA rule
  • If a borrower was delinquent on the mortgage at the time of short sale, iLoan will not approve the borrower for VA financing for at least two years after the date of the short sale unless the borrower experienced significant extenuating circumstances and the loan receives and automated underwriting “approve” or “accept” response - This rule is borrowed from the Fannie Mae guidelines for buying after a short sale except Fannie Mae requires 10% down after 2 years where VA financing will allow for 0% down
  • Borrowers having short sales will not be approved if they also have a previous bankruptcy or foreclosure at iLoan
  • Borrowers having a short sale within the most recent three years and credit scores at or under 639 are ineligible at iLoan

Outside of these stipulations, only the basic requirements for a VA loan must be met.  While these 6 provisions are inflexible, outside of them, we approach these would-be veteran home purchasers with an open mind as we see them as an excellent credit risk. Equally important to finding a good loan officer for this type of transaction is finding a good and enlightened Realtor.  Their role will be key in in executing the sale of the current home (if it’s not already sold short) and the selection of the new property if the new property cannot be similar or superior within a reasonable commuting distance from the previous property.  Particularly, they should know that you don’t need to be late on your mortgage to do a short sale in most instances and be willing to guide you through that process without a technical default.  That will be necessary for a would-be buyer if they don’t want to suffer a long waiting period.

Posted by

Charles Dailey - Branch Manager, Loan Officer, Certified Military Housing Specialist - iLoan - NMLS ID# 79048 -  612.234.7283 - charles@charlesdailey.com


Search Real Estate

The Home Buyers Scouting Report® is provided directly to the buyer by HBM II, a licensed national real estate brokerage service company, not to or through a lender. The FREE home finding service is provided directly to prospective homebuyers by HBM II and its real estate brokers, as part of their ordinary real estate brokerage services. HBM II, Inc. works cooperatively with other real estate agents across the United States in attempting to find ready, willing and able buyers for homes listed for sale. The role of the Preferred Loan Officer is to assist in determining a comfortable home price range for Home Buyers Marketing II, Inc. (HBM II) to use when it is searching for property listings within the buyer's search criteria.

Comments (11)

Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

Very; interesting.. I was not aware of this.  I think it wil e of enefit to others.

Apr 07, 2012 12:07 PM
Sharon Alters
Coldwell Banker Vanguard Realty - 904-673-2308 - Fleming Island, FL
Realtor - Homes for Sale Fleming Island FL

Charles, so the lien(s) must be marked "paid in full" or "satisfied" waiving any right to a deficiency judgment? Haven't heard this one before, but it makes sense. Thanks for clarifying this. We have many VA buyers in our area.

Sharon

Apr 07, 2012 12:44 PM
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Charles... this is a great post... lots of necessary information.  If I may add something... The VA "guarantees" their loans.  The FHA "insures" them.  Thanks so much.

Apr 07, 2012 12:47 PM
Myrl Jeffcoat
GreatWest Realty - Sacramento, CA
Greater Sacramento Real Estate Agent

When I first got my real estate license over 30 years ago, my first real estate office was right at the end of the road from a major military base in the area.  In those first years I knew VA/FHA loans like the back of my hand.  Sacramento was known to be a government loan town.  And to some degree it still is.  However, during the early 1990s, we experienced 3 base closures, and that changed the number of VA loans we originated.  Still, we have a number of buyers who do come in and consider going VA.  Your post here helps in bringing me up todate, in what can be expected for those that have under gone a short-sale, and wish to purchase once again.  Thank you for the information!

Apr 07, 2012 12:51 PM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate

Charles,  What about if a borrower with a VA loan who short sells their property which they purchased with a VA loan?

What does it do to the veteran's future loan eligibility?  do they lose a portion of their entitlement? All of their entitlement? Thank you!

 


 

Apr 07, 2012 12:53 PM
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Charles, thanks for sharing the information - I was not aware of a few of them. Also, one of the bloggers did post some guidelines on re-purchase of the home after X years - depending on weather it's a short sale or foreclosure.

 

Apr 07, 2012 01:55 PM
Elizabeth Weintraub Sacramento Realtor Top 1%
RE/MAX Gold - Sacramento, CA
Put 40 years of experience to work for you

Charles: This great news and very timely for two of my clients who are veterans and selling on a short sale, because they are still in the military and were transferred. Being forced to move must qualify as extenuating. Although, I won't get paid as they moved out of state, but it's good news, and I'm sending them an email now. Thank you.

Apr 08, 2012 12:32 AM
Marlis Landreth
Retired - Tucson, AZ
Retired Tucson Realtor

Charles, I stopped over because Kathleen dropped me an email.  What happens to the veteran's eligibility if they have to do a short sale - do they lose some or all of the eligibility?  Also, would VA typically waive any of these stipulations if the veteran is transfered while in active duty.

Apr 08, 2012 01:02 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Charles - This looks pretty similar to the FHA rules for those who have done a short sale.

Apr 08, 2012 04:43 PM
Charles Dailey
iLoan - NMLS ID#4474 - Saint Paul, MN

Sorry for the delayed follow up.  Marlis and Kathleen, . . you had asked about the consequences on a veteran’s future loan eligibility and what would happen to their entitlement in the event that they did a short sale. . .   I’m afraid I have bad news on this.

At this time, pursuant to VA Pamphlet 26-7, Chapter 2, 2-15:

“Entitlement previously used in connection with a VA home loan may be restored under certain circumstances.  Once restored, it can be used again for another VA loan.  Restoration of previously used entitlement is possible if:

  • the property which secured the VA-guaranteed loan has been sold, and the loan has been paid in full, or
  • an eligible veteran-transferee has agreed to assume the outstanding balance on a VA loan and substitute his or her entitlement for the same amount originally used on the loan.  The assuming veteran must also meet occupancy, income, and credit requirements of the law.”

There are “special restoration cases” that are considered but all of them also stipulate that the previous VA loan be paid in full.  Some may try to split hairs (unsuccessfully) and say that their previous short sale acceptance letter stated that the payoff served as “payment in full” but you can get that and have a creditor settle for less than the amount due at the same time. 

Sorry to be the bearer of bad news.  You’d think that given the economy and the military experience in the last 10 years, they’d change this but that hasn’t happened.

Apr 09, 2012 08:18 AM
Jennifer Zanoni
New Market, MD

How much does income come into play in this scenario? Is this only for active duty or can veterans use this benefit as well? It just seems crazy the bank would rather have a home sit vacant and cause it to go into short sale, rather then just try to redo the line so the family can stay in the home.  We have tried for two years to no avail ~

 

May 07, 2012 11:52 PM

What's the reason you're reporting this blog entry?

Are you sure you want to report this blog entry as spam?