Conventional Versus FHA Guidelines On Mortgage Part Of Bankruptcy

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Conventional Versus FHA Guidelines On Mortgage Part Of Bankruptcy

This BLOG On Conventional Versus FHA Guidelines On Mortgage Part Of Bankruptcy Was UPDATED On January 3rd, 2018

There are major differences on waiting periods on Conventional Versus FHA Guidelines On Mortgage Part Of Bankruptcy.

  • Under Conventional Versus FHA Guidelines On Mortgage Part Of Bankruptcy, the foreclosure/deed in lieu of foreclosure/short sale waiting period does not matter
  • There is a four year waiting period from the discharged date of the Chapter 7 Bankruptcy discharged date
  • The housing event can happen at a later date after the discharged date
  • This is the major difference on Conventional Versus FHA Guidelines On Mortgage Part Of Bankruptcy. With FHA, VA, USDA Loans, the waiting period with mortgage part of Chapter 7 Bankruptcy does not start until the housing event has been finalized

Actual Start Date On Waiting Period On Conventional Versus FHA Guidelines On Mortgage Part Of Bankruptcy

  • With government loans ( FHA, VA, USDA Mortgage Guidelines), the waiting period is 2 years after the discharged date of the Chapter 7 bankruptcy
  • The two year waiting period waiting clock starts from the discharge date of the Chapter 7 bankruptcy discharge date
  • With FHA and USDA guidelines on waiting period after foreclosure, deed in lieu of foreclosure, and/or short sale, there is a three year waiting period from the recorded date of the foreclosure or deed in lieu of foreclosure
  • The Department of Veteran Affairs has a two year waiting period to qualify for VA Loans after foreclosure, deed in lieu, short sale
  • It is not the day the homeowner signs foreclosure or pre-foreclosure paperwork and turn in the keys
  • It is the actual date the foreclosure or deed in lieu of foreclosure was recorded and stamped at the county recorder’s office
  • Sometimes homeowners may turn in keys of home to the bank or mortgage lender and may think that that is the date of the foreclosure or deed in lieu of foreclosure but that is not the case
  • Sometimes a mortgage lender or bank will not record the foreclosure or deed in lieu of foreclosure until many years after the homeowner turns in the keys
  • The waiting period to qualify for a mortgage did not even start yet
  • Banks and mortgage lenders are in no major hurry in transferring the deed of the foreclosed home into their names
  • They are fully aware that this tactic is hurting the potential home buyer but they really do not care
  • Sometimes it seems that banks and mortgage lenders are delaying transferring the deed on purpose in getting back to the homeowner for foreclosing

Home Loan After Short Sale On Conventional Loans

There are waiting period requirements to qualify for government and conventional loans after short sale.

  • Government Loan Programs all have the same waiting period requirements after foreclosure, deed in lieu of foreclosure, short sale
  • However, Fannie Mae and Freddie Mac has separate waiting period requirements after the recorded date of foreclosure and after short sale/deed in lieu of foreclosure
  • There is a seven year waiting period after the recorded date of foreclosure to qualify for Conventional Loans
  • There is a four year waiting period to qualify for conventional loans after a short sale and/or deed in lieu of foreclosure

With short sales, there is a 3 year waiting period to qualify for FHA and USDA Loans after the short sale date which is reflected on the HUD’s Settlement Statement.

  • With conventional, waiting period is totally different
  • Those who have a prior bankruptcy, the minimum waiting period to qualify for a conventional loan after the bankruptcy discharge date is 4 years
  • To qualify for a conventional loan after a standard foreclosure is 7 years from the recorded date of the foreclosure which is reflected on the county public records
  • The recorded date is the date where the deed of the property is transferred out of the homeowners name into the name of the mortgage lender 
  • To qualify for a conventional loan after a deed in lieu of foreclosure or short sale is now four years
  • Borrowers can now qualify for a conventional loan after 4 years from the date of a short sale and/or 4 years after the recorded date of the deed in lieu of foreclosure with 5% down payment
  • This is a totally new Fannie Mae Guideline implemented a couple of years ago
  • Prior Fannie Mae guidelines allowed a home buyer with a prior deed in lieu of foreclosure and/or short sale to qualify for a conventional loan after a two year waiting period as long as the home buyer had 20% down payment
  • The two year waiting period after a deed in lieu of foreclosure or short sale with the 20% down payment is no longer in effect

2018 New Conventional Versus FHA Guidelines On Mortgage Part Of Bankruptcy

Excellent news for home buyers who had mortgage part of Chapter 7 Bankruptcy.

  • Mortgage Borrowers who had mortgage part of bankruptcy can now qualify for a conventional loan in 4 years from the date of the discharge date of Chapter 7 bankruptcy even though the foreclosure has not transferred out of homeowners name 
  • Many homeowners who had their foreclosure part of bankruptcy could not qualify for a conventional loan because mortgage lenders did not start counting the waiting period of the foreclosure until the recorded date of when the deed was transferred out of the homeowner’s name into the name of the mortgage lender’s name
  • Now, as of last month, New Fannie Mae Guidelines for homeowners who had a foreclosure part of bankruptcy, the waiting period starts on the date of the bankruptcy discharge date and not the recorded date of the foreclosure
  • If you had a foreclosure included as part of the bankruptcy and the mortgage lender did not get the deed to your foreclosed home transferred into their names, that is okay because the waiting period clock starts the date of the bankruptcy discharge date
  • This is great news because hundreds of thousands of homeowners who filed bankruptcy over four years ago and had their foreclosure included part of their bankruptcy could not have qualified for a conventional loan because the waiting period clock did not even begin due to the fact that their mortgage companies did not transfer the deed into their names

Not All Mortgage Lenders Will Approve New Fannie Mae Guidelines Of Foreclosure Part Of Bankruptcy

Even though the new Fannie Mae guidelines state that if you have a foreclosure part of bankruptcy, most mortgage lenders have investor overlays where they will not accept such mortgage loan applications.

  • Most mortgage lenders still require 7 years waiting period to qualify for conventional loan even if you had a foreclosure part of bankruptcy due to their own mortgage lender overlays
  • The great news is that I am a no mortgage lender overlay lender and just go off the automated findings per Automated Underwriting System ( AUS ) and fund loans that only meet Fannie Mae guidelines
  • As long as you get an approve/eligible per DU FINDINGS or LP FINDINGS, you will close your mortgage loans

If the bank, credit union, or mortgage banker you went to and they tell you that you do not qualify due to their own investor overlays, contact us at The Gustan Cho Team at USA Mortgage at 262-716-8151 or email us at gcho@usa-mortgage.com. We are available 7 days a week, evenings, weekends, and holidays.

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