Bankruptcy Dismissal Versus Discharge Mortgage Guidelines
This Article Is About Bankruptcy Dismissal Versus Discharge Mortgage Guidelines
There are strict waiting period requirements after Bankruptcy on government and conventional loans.
- Consumers in debt can get the help of the United States Bankruptcy Courts for protection from creditors
- Many consumers who file bankruptcy think it is the end of the world and may never qualify for a mortgage
- This is not true
- Many who have financial hardships normally recover and can become homeowners again
- However, FHA, VA, Fannie Mae, Freddie Mac have a mandatory waiting period after the bankruptcy discharged date
- However, there are consumers who get a bankruptcy dismissal versus a discharge
- There are different Bankruptcy Dismissal Versus Discharge Mortgage Guidelines depending on the loan program
- We will discuss Bankruptcy Dismissal Versus Discharge Mortgage Guidelines on this blog
Special thanks to Kathleen Steffek, Underwriting Director and SVP of Operations at Gustan Cho Associates for the information and content on this blog.
How Underwriter Explains Bankruptcy Dismissal Versus Discharge Mortgage Guidelines
According to Kathleen Steffek, underwriting director at Gustan Cho Associates, she feels it is best to explain it like this. START with FHA 13 DISMISSAL regardless of the reason
- In contrast to a bankruptcy discharge, after which collectors may no longer recover payments, a dismissal occurs when something goes awry and the case cannot continue toward a discharge
- Bankruptcy fraud missed payments, and missed deadlines may cause a Chapter 13 bankruptcy to be dismissed
- In some cases, the debtor may choose to opt for dismissal rather than continue with the case
This means the debts are still out there and have to be handled accordingly.
HUD Guidelines On Bankruptcy
The United States Department of Housing and Urban Development (HUD) is the parent of FHA. The Federal Housing Administration (FHA) is not a lender. Its role is to promote homeownership to hard-working Americans by insuring lenders who originate and fund FHA Loans. However, lenders need to follow HUD 4000.1 FHA Handbook Guidelines in order for FHA to insure the loans they originate and fund. Mortgage Underwriters need to specifically follow all FHA Guidelines in order for HUD to insure loans that default and goes into foreclosure. HUD Bankruptcy Dismissal Versus Discharge Mortgage Guidelines are part of rules and regs lenders need to follow.
HUD FHA Chapter 13 Manual Underwriting Guidelines
The FHA can insure a loan for a borrower after a Chapter 13 discharge if the borrower can meet the following guidelines:
- at least two years have elapsed
- the borrower has re-established good credit and made all payments on time since the discharge date
- The same two-year seasoning rule applies to a Chapter 13 dismissal, as of the date it was dismissed
Again, the FHA underwriter must document that the borrower meets all HUD Guidelines.
Manual Underwriting Downgrade On FHA Loans
If the dismissal has not been more than 2 year a manual downgrade applies to the file
- The DE underwriter manually underwrites the loan, generally with more scrutiny
- The borrower must submit a letter of explanation regarding the cause for filing Chapter 13 and the reason for the dismissal
- Final approval or rejection is at the underwriter’s discretion
- The underwriter will review all payments and history for 2 years and the borrower must have made all housing and installment debt payments on time
- No major derogatory credit on revolving for the previous 12 months( any 90-day late are majors and 3 or more 60-day late) and for the previous 12 months AND may not have more 2×30 on all mortgages and installment in the last 24 months
Rule of thumb 0x30x12 and 2 x30 x24 on mtg and installment and no major derogatory tradelines.
Mortgage Guidelines On Outstanding Collections And Charged Off Accounts
Keep in mind that collection accounts have to be documented with letters of explanations and supporting documentation. It must be consistent with the other credit information in the file and should have a 5% payment in them since they are still collectible. Judgments are resolved or paid off prior to closing (or at closing with documented source of funds)
HUD does not consider a divorce and extenuating circumstance:
- It needs to be beyond the control of the borrower
- Neither is the inability to sell a home due to relocation or job transfer considered an extenuating circumstance
Bankruptcy Dismissal Versus Discharge Mortgage Guidelines On VA Loans
VA generally follows FHA when it comes to bankruptcy dismissal versus discharge mortgage guidelines.
- In a nutshell, borrowers can qualify for FHA and VA Loans after 12 months of payments during an active Chapter 13 Bankruptcy repayment plan via manual underwriting
- There is no waiting period after the Chapter 13 Bankruptcy discharged date to qualify for FHA and VA Loans
- Any borrowers who have their Chapter 13 Bankruptcy discharge seasoned for less than 2 years need to be manually underwritten
- Manual Underwriting Guidelines apply
VA and FHA bankruptcy dismissal versus discharge mortgage guidelines are the same.
Bankruptcy Dismissal Versus Discharge Mortgage Guidelines On Conforming Loans
Conventional Loans are called conforming loans because they need to conform to Fannie Mae and/or Freddie Mac Mortgage Guidelines.
- Conforming Loans are not insured nor guaranteed by any government agency
- Why do underwriters make sure conventional loans conform to Fannie and/or Freddie Guidelines?
- Mortgage Bankers use their warehouse line of credit to originate and fund home loans
- However, they do not want to hold the loans they fund for 30 years
- The role of Fannie Mae and Freddie Mac is to purchase mortgages by lenders so lenders can relieve their warehouse line of credit so they can fund more loans
- If home loans do not conform to Fannie Mae and/or Freddie Mac Guidelines, Fannie/Freddie will not purchase them
- This leaves lenders holding the mortgages they fund in their portfolio which is not what they want to do
Bankruptcy dismissal versus discharge mortgage guidelines on conforming loans is not so forgiving.
Conventional Mortgage Guidelines With Derogatory Credit
CONVENTIONAL is not so forgiving:
- There is a four year waiting period after the Chapter 7 discharged date
- There is a four year waiting period after Chapter 7 and 13 Bankruptcy dismissal date to qualify for conventional loans
- Only if extenuating circumstances can be documented there may be an exception to be considered by the underwriter
- If extenuating circumstances are considered by underwriters, it measured from the dismissal date of bankruptcy action along with an approve eligible only to meet the master contracts that we can sell too
Special Thanks to Kathleen Steffek, Senior Vice President and Underwriting Director at GCA Mortgage Group to be the contributing editor on this blog on Bankruptcy Dismissal Versus Discharge Mortgage Guidelines, and Jammi Cash, Senior Mortgage Banker at Gustan Cho Associates for working with Kathleen Steffek to take time out of her busy schedule.