The conventional loan waiting period after deed-in-lieu of foreclosure and short sale of four years is shorter than the 7-year waiting period after a standard foreclosure. Government loans are home loans that are guaranteed by a government agency. Government-insured mortgage loans are for owner-occupant properties. Here are the types of government loans:
- FHA Loans
- VA Loans
- USDA Loans
No lender wants to keep the loan in their books. Both government and conventional loans have a mandatory waiting period after bankruptcy and foreclosure. In this article, we will discuss and cover the Conventional loan waiting period after deed-in-lieu and short sale.
Comparison of Conventional Versus Government Loans
Conventional loans are not insured by any government agency. Fannie Mae and Freddie Mac are the two mortgage giants in the United States that set the conventional loan guidelines. Conventional loans are often called conforming loans. This is because they need to conform to Fannie Mae and Freddie Mac’s guidelines. Conventional loans need to conform to Fannie Mae or Freddie Mac Guidelines in order for lenders to be able to re-sell the conventional loan they fund to Fannie Mae and Freddie Mac. If it does not conform to Fannie/Freddie guidelines, lenders cannot re-sell the loan after the loan funds.
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Conventional Loan Waiting Period Requirements After Foreclosure
Conventional loans have higher underwriting criteria than FHA loans. Homebuyers can qualify for conventional loans after foreclosure. The minimum waiting period to qualify for a conventional loan is 7 years from the date the recorded date foreclosure. The waiting period start clock starts on the date the deed is transferred out of the name of the homeowner or the date of the sheriff’s sale.
Conventional Loan Waiting Period After Deed-in-Lieu and Short Sale
Unlike government loans, conventional loans have different waiting period requirements on the deed-in-lieu and short sale versus a foreclosure. For mortgage loan applicants who had a deed-in-lieu of foreclosure or short sale, the waiting period is as follows: There is a 4 year waiting period after a short sale on conventional loans. The waiting period start clock starts from the date of short sale reflected on the HUD Settlement Statement. 4 year waiting period after the recorded date of the deed-in-lieu of foreclosure or date of sheriff’s sale. There is a 7 year waiting period after the recorded date of foreclosure or date of the sheriff’s sale
Mortgage Part of Chapter 7 Bankruptcy on Government Loans
There are times where a mortgage loan applicant had mortgage part of Chapter 7 Bankruptcy in the past. Government and conventional loans have different rules when it comes to qualifying for a mortgage with a prior mortgage as part of their Chapter 7 Bankruptcy.
FHA, VA, USDA Bankruptcy Guidelines With a Prior Mortgage Included In Bankruptcy
With FHA, VA, USDA loans, borrowers who a mortgage or mortgages as part of their Chapter 7 Bankruptcy, the waiting period clock starts the date the foreclosure, sheriffs sale, or short sale was finalized after Chapter 7 discharged date. For FHA and USDA loans, the waiting period is three years from the recorded date or sheriff’s sale date of the foreclosure. VA has a two-year waiting period after Chapter 7 Bankruptcy, foreclosure, deed-in-lieu of foreclosure, short sale to qualify for a mortgage.
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Mortgage Included in Bankruptcy Versus Finalization of Housing Event
When someone files Chapter 7 Bankruptcy with a mortgage part of their Chapter 7 Bankruptcy, the mortgage balance gets discharged and borrowers no longer owe the debt of their home loan. However, the property is still in the lender’s name. The deed to the property needs to be out of the homeowners’ name and into the lenders’ name or another party’s name. That date when the deed is transferred out of the name of the homeowner and recorded is the official start date of the waiting period.
Conventional Loan Requirements With Mortgage Included Part of Chapter 7 Bankruptcy
There are instances where borrowers can qualify for conventional loans but not FHA Loans or other government loans. Conventional loans have different waiting period start clocks when it comes to the mortgage part of Chapter 7 Bankruptcy. People who had a mortgage or multiple mortgages as part of their Chapter 7 Bankruptcy can qualify for conventional loans four years from the discharged date of their Chapter 7. The foreclosure or sheriff’s sale can be recorded at a later date. The mortgage cannot be re-affirmed.
Automated Approval By Automated Underwriting System
The first round in getting a conventional loan after the 4-year waiting period with 5% down after a deed-in-lieu of foreclosure or short sale is getting an automated approval from Fannie Mae’s Automated Underwriting System. Just because borrowers have a 5% down payment and have waited the 4-year waiting period does not automatically qualify them. Getting an AUS approval is the first step.
Difference Between Deed-in-Lieu of Foreclosure Versus Foreclosure
Many times a mortgage loan borrower will get an AUS denial because the deed-in-lieu of foreclosure or short sale was reported as a regular foreclosure and not as a deed in lieu or short sale. If this is the case, it is not the end of the world. It will take a little time to have the deed-in-lieu or short sale corrected on the credit report by submitting the corrected paperwork to a third-party credit vendor and doing a rapid rescore. The loan officer and lender will take care of this for borrowers. It normally takes 3 to 5 business days to do a rapid rescore. Once errors are corrected and updated on the credit report, the new credit report will then be re-submitted to AUS for automated approval.
Qualifying For Conventional Loans But Not FHA Loans
There are instances where borrowers can qualify for Conventional loans but not FHA VA, or USDA Loans. This is the case when borrowers had a prior mortgage part of their bankruptcy. With conventional loans, if a homeowner had a mortgage or mortgages (more than one mortgage) as part of their Chapter 7 Bankruptcy, there is a four-year waiting period from the discharged date of their Chapter 7. The foreclosure can be recorded at a later date and that is immaterial. The mortgage cannot be re-affirmed and the foreclosure needs to have been finalized in order to qualify for a conventional loan.
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AUS Analysis With Conventional Loan Waiting Period After Deed-in-Lieu and Short Sale
The Automated Underwriting System will not just take into account the 4-year waiting period, credit payment history on the credit report, and down payment. The AUS will evaluate the full credit reports and credit scores. It will take into account income, debts, liabilities, and assets. It will analyze your debt to income ratio, analyze credit tradelines. It will review if the borrower had any late payments after a deed-in-lieu, or short sale, credit inquiries, job history, payment history, payment and credit patterns, and overall financial and credit profile including reserves and cash to close.
Mortgage Overlays on Conventional Loan Waiting Period After Deed-in-Lieu and Short Sale
Again, just because a potential home buyer has waited the 4-year waiting period and has the 5% down payment after a deed in lieu/short sale does not guarantee conventional loan approval. The file needs an Automated Underwriting System approval. AUS automated approval does not guarantee that borrower will qualify for a conventional loan with every lender.
Many lenders have lender overlays on conventional loans. With an AUS automated approval, the chances that the borrower will get mortgage approval and will close on a new home purchase is promising with lenders with no overlays.
Many lenders do have overlays on top of Fannie Mae and Freddie Mac mortgage guidelines. Many banks or mortgage lenders have overlays on government and conventional loans. Gustan Cho Associates is a five-star national mortgage company licensed in multiple states with no overlays on government and conventional loans.
Types of Lenders Originating Conventional Loan Waiting Period After Deed-in-Lieu and Short Sale
Mortgage bankers normally only deal with their own products and do not have any correspondent relationships with other lenders. There are mortgage bankers that do have correspondent relationships and may try them. Mortgage loan applicants can also contact several credit unions who are direct resellers of Fannie Mae loans.
Mortgage Lenders With No Overlays
There are mortgage brokers who have access to dozens of wholesale lending sources and get paid a commission (yield spread premium) by wholesale mortgage lenders. There is a possibility of getting denied by some lenders due to their overlays even with an Automated Underwriting Approval. There are many lenders and out of those lenders, there are lenders with no lender overlays. It is a matter of picking and choosing the right lender. Even mortgage lenders with overlays can make an exception and look at the file and approve your loan.
Common Lender Overlays By Mortgage Companies
Many lenders will not want to approve a 5% down payment conventional loan after a four-year waiting period for the following reasons as part of their overlays: If the homeowner just bailed on the house because they were upside down and did not have extenuating circumstances; However, most homeowners had their own reason in doing a deed-in-lieu or short sale such as a divorce, job loss, medical reasons, or loss of business
Common Lender Overlays
Require higher credit scores than the 620 Minimum required on conventional loans. Minimum 3 credit lines for at least 12 months. Rental verification is counted as a strong credit tradeline if it can be documented via canceled checks for the past 12 months or a letter from a licensed property management company. No late payments after the deed-in-lieu of foreclosure or short sale. Debt-to- income ratio minimums such as 40% or 45% DTI. No debt settlement programs or debt reductions. This overlay is implemented by many lenders. These lenders view debt settlement or debt reduction payment plans the same as a bankruptcy. It is not in the Fannie Mae guidelines but it is their own silly overlay
Conclusion Conventional Loan Waiting Period After Deedin-Lieu and Short Sale
Many hard-working American families have fallen victims to this country’s financial and credit meltdown. They have since worked hard and re-established their financial and credit profile and are ready to rebuild their lives. They have saved their hard-working dollars to save up to purchase a home and now qualify after waiting the 4-year waiting period and have the 5% down payment to purchase their dream home. Although many lenders may have silly overlays that do not make sense, there are lenders with no or little overlays like Gustan Cho Associates with no lender overlays. We will gladly approve mortgage loans with automated approval and qualify under Fannie Mae guidelines. These lenders will give a mortgage loan approval and resell it to Fannie Mae and/or Freddie Mac.
Changing Lenders In The Middle Of The Mortgage Process
Home Buyers who are in a situation where they are ready to purchase a home after waiting the 4-year waiting period after a deed in lieu of foreclosure or short sale and have been turned down by other mortgage lenders due to their lender overlays, please contact us at Gustan Cho Associates at 800-900-8569 or text us for faster response. Or email me at alex@gustancho.com. Our viewers are welcome to subscribe to our daily mortgage and real estate newsletter at www.gustancho.com for the latest mortgage and real estate news.
Update on Conventional Loan After Deed-in-Lieu of Foreclosure and Short Sale
Here is the update on the Conventional loan waiting period after deed-in-lieu and short sale: Unfortunately the 2-year waiting period to qualify for a conventional loan after a deed-in-lieu of foreclosure and short sale with 20% down payment is no longer available and has been terminated by Fannie Mae on August 2014. The new waiting period to qualify for a conventional loan after a deed in lieu of foreclosure and short sale is 4 years from the recorded date of the deed in lieu of foreclosure or the date of the short sale with re-established credit. The waiting period after a standard regular foreclosure to qualify for a conventional loan is 7 years from the recorded date of the foreclosure. This BLOG on Conventional loan waiting period after deed-in-lieu and short sale Was UPDATED on January 21st, 2024.
