FHA Chapter 13 Bankruptcy Guidelines allow homebuyers and homeowners to qualify for FHA loans for home purchases and refinance during and after Chapter 13 Bankruptcy. FHA and VA loans are the only two mortgage loan programs that allow borrowers to qualify for a mortgage during the Chapter 13 Bankruptcy repayment plan.
VA and FHA loans are the only two mortgage loan programs that allow borrowers to become eligible for a home loan while in an active Chapter 13 Bankruptcy without the Chapter 13 Bankruptcy getting discharged. VA and FHA Chapter 13 Bankruptcy Guidelines are almost identical. VA and FHA loans are the only two programs allowing manual underwriting. In the following paragraphs, we will cover FHA Chapter 13 Bankruptcy guidelines during and after the Chapter 13 repayment plan.
Do You Meet The VA and FHA Chapter 13 Bankruptcy Guidelines?
Comparisons of VA and FHA Chapter 13 Bankruptcy Guidelines
Chapter 13 Bankruptcy is a court-approved debt restructuring repayment plan for consumers with a steady income and assets. There are two types of bankruptcy: Chapter 7 and Chapter 13 Bankruptcy. Chapter 7 Bankruptcy is often referred to as total liquidation. Except for exempt assets, all are liquidated to pay the petitioner’s creditors. Chapter 13 Bankruptcy benefit consumers with a steady income and assets.
Petitioners file Chapter 13 Bankruptcy to protect their assets and have the courts restructure their debts over five years. A percentage of your income is set aside to pay your creditors. After the repayment term is up, the remaining balance of your debts is discharged by the U.S. Bankruptcy Courts. Borrowers can qualify for a mortgage for an FHA and VA loan during the Chapter 13 Bankruptcy repayment plan. This holds true for both home purchase and refinances transactions. However, borrowers qualifying for an FHA or VA loan during a Chapter 13 Bankruptcy repayment plan must be a manual underwrite.
How Long Do I Have To Wait To Get a Mortgage After Chapter 13 Bankruptcy?
This guide on FHA Chapter 13 Bankruptcy Guidelines will cover qualifying for a home loan during and after Chapter 13 Bankruptcy. We will review the FHA Chapter 13 Bankruptcy Guidelines and compare other loan programs to FHA loans. We will further cover qualifying for an FHA and VA loan during the Chapter 13 Bankruptcy Repayment plan.
The eligibility requirements to qualify for a mortgage during a Chapter 13 Bankruptcy repayment plan. Will we also cover the most frequently asked question at Gustan Cho Associates does Chapter 13 Bankruptcy needs to be discharged to qualify for a home mortgage loan? The following sections of the guide on FHA Chapter 13 Bankruptcy Guidelines will answer all the above questions.
Can You Get a Home Loan After Filing Chapter 13 Bankruptcy?
You can qualify for an FHA and VA loan one year after you file Chapter 13 Bankruptcy. You need to make at least 12 timely payments to the bankruptcy court with no late payments. Trustee approval is necessary. Chapter 13 Bankruptcy does not need to be discharged.
VA and FHA Chapter 13 Bankruptcy Guidelines require all VA and FHA loans during Chapter 13 Bankruptcy repayment plan to be manually underwritten. VA and FHA Chapter 13 Bankruptcy Guidelines are almost identical. The only difference is VA loans are more lenient than FHA Chapter 13 Bankruptcy Guidelines.
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Chapter 13 Bankruptcy Guidelines on FHA and VA Home Loans
The answer to do all lenders have different guidelines on the same mortgage program is YES. All mortgage lenders must meet the minimum agency guidelines on FHA, VA, USDA, Fannie Mae, and Freddie Mac. Still, most lenders have their own internal lender overlays. Overlays are lending guidelines imposed by each mortgage lender that is above and beyond the minimum agency mortgage guidelines.
Each lender can set their own higher lending requirements. One lender may have an overlay on a certain guideline, and another may not. Just because you do not qualify with one lender does not mean you cannot qualify with a different mortgage lender. Gustan Cho Associates has zero lender overlays on government and conventional loans.
What Are Lender Overlays By Mortgage Lenders
One lender may require a 640 FICO on a VA loan, and another may require a 580 FICO. However, VA does not have a minimum credit score requirement. Most lenders have overlays on government and conventional loans.
Just because one lender tells borrowers no does not mean they do not qualify with another lender with no mortgage overlays. They get different answers regarding the waiting period during and after Chapter 13 Bankruptcy in qualifying for FHA and VA loans.
Chapter 13 Bankruptcy Waiting Period Guidelines on FHA and VA Loans
There are many contradicting answers regarding the waiting period requirements after Chapter 13 Bankruptcy on FHA and VA loans. Some loan officers tell borrowers there is a two-year waiting period. Others will say one year after Chapter 13 Bankruptcy. Yet others like Gustan Cho Associates will say there is no waiting period requirements.
Loan officers to give these folks different answers. One lender may tell a borrower that there is a one-year waiting period to qualify for VA Loans and FHA Loan After Chapter 13 Bankruptcy. Another lender may say it is a two-year period after a Chapter 13 Bankruptcy discharge date to qualify.
What Are The VA and FHA Waiting Period Guidelines After Chapter 13 Bankruptcy Discharge
Many homebuyers often get conflicting answers qualifying for an FHA or VA loan After the Chapter 13 Bankruptcy discharge date. They often consult with lenders and are told very different answers. Some lenders will say there is a two-year waiting period. Other lenders will say it is a one-year waiting period.
Many confused borrowers then either get referred to us at Gustan Cho Associates or find us online and are then told there is no waiting period to qualify for an FHA or VA loan after Chapter 13 Bankruptcy discharge date. The true and real answer per VA and FHA Chapter 13 Bankruptcy Guidelines is that there is no waiting period to qualify for VA and FHA loans after the Chapter 13 Bankruptcy discharge. Borrowers can qualify for FHA and VA loans during the Chapter 13 repayment period after one year into the Chapter 13 Bankruptcy repayment plan with trustee approval.
Manual Underwriting Guidelines on FHA and VA Loans?
It needs to be a manual underwrite if the Chapter 13 Bankruptcy discharge has not been seasoned for two years on VA and FHA loans. We will detail how a borrower can qualify for VA and FHA loans per VA and FHA Chapter Bankruptcy Guidelines on this BLOG. It will cover the mechanics of qualifying for VA and FHA loans for Chapter 7 Bankruptcy and Chapter 13 Bankruptcy.
A borrower can qualify for VA and FHA loans one year into a Chapter 13 Bankruptcy Repayment Plan per VA and FHA Chapter Bankruptcy Guidelines. In the following paragraph, we will discuss how to qualify for FHA Loans during and after Chapter 13 Bankruptcy.
Comparing Chapter 7 Versus Chapter 13 Bankruptcy Guidelines on FHA and VA Loans
Under both VA and FHA Chapter 13 Bankruptcy Guidelines, the waiting period to qualify for an FHA loan after Chapter 7 Bankruptcy.is two years after the discharge date. After the Chapter 7 Bankruptcy discharge date, VA and FHA loans require a two-year waiting period and an automated underwriting system approval.
There is an exemption with qualifying for VA and FHA Loan After the Chapter 13 Bankruptcy Discharge date. The exception is NO WAITING PERIOD AFTER A CHAPTER 13 BANKRUPTCY DISCHARGED DATE. It needs to be a manual underwrite. Borrowers will not get approve/eligible unless the Chapter 13 Bankruptcy discharged date has been seasoned for at least two years. That is why it needs to be manually underwritten. Remember that all manual underwrites need verification of rent.
Qualifying For FHA and VA Home Loans After Chapter 7 Bankruptcy
Borrowers can qualify for FHA loans after Chapter 7 Bankruptcy after meeting the mandatory waiting period requirements. Borrowers can qualify for VA and FHA loans two years after a Chapter 7 Bankruptcy discharge date. Here are the requirements for qualifying for VA and FHA loans after a Chapter 7 Bankruptcy discharge date. There is a two-year waiting period required to qualify for VA loans after the discharge date of the Chapter 7 Bankruptcy discharge.
The borrower must have re-established credit and timely payment history after the Chapter 7 Bankruptcy discharge to qualify for both VA and FHA loans.
Late Payments After Bankruptcy Mortgage Guidelines
Late payments after a Chapter 7 Bankruptcy can trigger a loan denial. Lenders will not qualify borrowers with late payments after bankruptcy and housing event. Most lenders will not approve a borrower with any late payments after a Chapter 7 Bankruptcy discharge, no matter how small the monthly payment may be.
Late payments after bankruptcy and foreclosure are not automatic deal-killers. There are cases where borrowers with late payments can qualify for an FHA Loan after late payments after the Chapter 7 Bankruptcy discharge date. Contact us at Gustan Cho Associates at 800-900-8569 or email at gcho@gustancho.com if this is the case.
Buying a House While in a Chapter 13 Bankruptcy
FHA and VA loans are the only two mortgage loan programs that allow homebuyers to buy a house while in a Chapter 13 Bankruptcy. FHA Chapter 13 Bankruptcy Guidelines state that a borrower can qualify for an FHA loan as long as they meet the following guidelines. It is the same with VA Home Loans.
A borrower can qualify for VA and FHA loans one year into the Chapter 13 Bankruptcy Repayment Plan. Proof of payment needs to be provided to the mortgage lender. The bankruptcy Trustee needs to approve of mortgage loan if the borrower is in a Chapter 13 Bankruptcy Repayment Plan.
Chapter 13 Bankruptcy Manual Underwriting Guidelines on FHA and VA Loans
All mortgages during the Chapter 13 repayment plan are manual underwrites. All manual underwrites require verification of rent. The borrower needs to have verification of rent where 12 months canceled checks for their rent and bank statements showing timely payment for their rental payment to the landlord.
Not all lenders have the same VA and HUD mortgage lending requirements on VA and FHA loans. All lenders need to follow the agency HUD and VA guidelines. Mortgage lenders can have higher lending requirements called overlays. The good news with us at Gustan Cho Associates is we can waive rental verification if the borrower has been living rent-free with family to save money for their down payment on a home purchase.
Verification of Rent From Property Management Company
If the borrower is renting from a property management company, a VOR Form completed by the property manager is sufficient instead of canceled checks and 12 months’ bank statements. Verification of rent form is provided by a lender, which the property manager of the property management company needs to complete, sign, date, and stamp.
All VA and FHA loans during and after the Chapter 13 Bankruptcy discharge date are all manual underwriting. There is nothing drastically different between automated AUS approved versus manual underwriting except caps on debt to income ratio. Debt-to-income ratio is capped depending on the number of compensating factors. Compensating factors are necessary for higher debt-to-income ratio borrowers. Debt-to-income ratio is capped at 31% front-end and 43% back-end with zero compensating factors. One or more late payments during the Chapter 13 Bankruptcy Repayment Period can be an automatic disqualification.
Best Mortgage Lenders For VA and FHA Loans While In Chapter 13 Bankruptcy
VA and FHA Chapter 13 Bankruptcy Guidelines state there is no waiting period to qualify for VA and FHA koan after the Chapter 13 Bankruptcy discharge date.
Many lenders who tell borrowers that there is a one-year waiting period or two-year waiting period to qualify for VA and FHA Loan after the Chapter 13 Bankruptcy discharge date are those who have Lender Overlays. Lenders can have additional stricter lending requirements called Overlays which are above and beyond the minimum FHA and VA guidelines.
Is It Possible To Purchase a House During Chapter 13 Bankruptcy?
FHA and VA loans are the only two mortgage loan programs allowing borrowers to qualify for home loans during the Chapter 13 Bankruptcy repayment plan 12 months after starting. Homebuyers looking for a lender with no lender overlays on government and conventional loans, contact Gustan Cho Associates at 800-900-8569. Or text us for a faster response.
Homebuyers can email us at Gustan Cho Associates at gcho@gustancho.com. Gustan Cho Associates has a national reputation of no lender overlays on government and conventional loans. We also have dozens of non-QM wholesale lenders. The Team at Gustan Cho Associates is available seven days a week, evenings, weekends, and holidays.
How Soon Can You Get a Mortgage After Filing Chapter 13 Bankruptcy?
Mortgage Guidelines During Chapter 13 Bankruptcy state borrowers can qualify for home loans during the Chapter 13 Bankruptcy repayment plan. Borrowers can qualify for VA and FHA loans during the Chapter 13 Bankruptcy repayment period without the bankruptcy being discharged. They would need the approval of the bankruptcy trustee. VA and FHA Chapter 13 Bankruptcy guidelines are exactly the same. Borrowers must be in the Chapter 13 Bankruptcy repayment plan for at least 12 months before eligibility.
Getting Bankruptcy Trustee Approval For A Mortgage
Most trustees will approve a home purchase during the Chapter 13 Bankruptcy repayment plan as long as the petitioner can afford the monthly housing payment. Of course, the home needs to be regular, not a mansion.
The team at Gustan Cho Associates are experts in helping homebuyers qualify for FHA and VA loans during and after Chapter 13 Bankruptcy. Other loan programs require a mandatory waiting period after the Chapter 13 Bankruptcy discharge date. Not all lenders will do manual underwriting.
FHA and VA Loans During or After Chapter 13 Bankruptcy
FHA and VA loans are the only two mortgage loan programs that accept manual underwriting. Gustan Cho Associates are experts in the manual underwriting of FHA and VA loans.
All borrowers who go through the mortgage loan process during Chapter 13 Bankruptcy on VA and FHA loans are under manual underwriting. Borrowers can qualify for an FHA and VA loan after Chapter 13 Bankruptcy discharge.
FHA and VA Waiting Period Guidelines After Chapter 13 Bankruptcy
If the Chapter 13 Bankruptcy discharge has not been seasoned for at least two years, the file must be a manual underwriting file. The main difference between manual and automated underwriting system approval is manual underwriting has lower debt-to-income ratio caps.
Over one-third of our borrowers are either in an active Chapter 13 Bankruptcy repayment plan or had the Chapter 13 Bankruptcy recently discharged. In the following paragraphs, we will discuss and cover the mortgage guidelines during Chapter 13 Bankruptcy repayment plans on FHA and VA loans.
Manual Underwriting Versus Automated Underwriting System Approval
FHA and VA loans are the only two loan programs that allow manual underwriting on home mortgages. All FHA and VA loans during the Chapter 13 Bankruptcy repayment period are manual underwrites. Any FHA and VA loans that have been discharged but have not been seasoned for two years are manual underwriting. Manual underwriting guidelines on FHA and VA loans are almost the same. However, lenders are more lenient on VA loans than FHA loans on manual underwriting.
VA and FHA Loans After Chapter 13 Bankruptcy Eligibility Requirements
FHA, VA, and Non-QM loans do not have any waiting period after the Chapter 13 Bankruptcy discharge date. Lenders expect borrowers to be timely payments on all their monthly debts after filing bankruptcy. Late payments during and after Chapter 13 Bankruptcy may be a deal-killer. This will depend on the lender. One or two late payments due to extenuating circumstances may not always be a deal killer. However, late payments during and after bankruptcy discharge due to disregarding credit will most likely be a deal killer when qualifying for a mortgage.
FHA and VA DTI Guidelines During Chapter 13 Bankruptcy
Rental payments cannot be late and need to have been timely in the past 12 months. The following can be done if the renter has been renting their apartment or home from a registered property management company.
Then a VOR, verification of rent or rental verification, is the lender’s form. It can be completed and signed by the property management representative. The VOR Form can be used instead of 12 months of canceled bank checks and 12 months of bank statements.
What If I Cannot Provide Verification of Rent?
Verification of rent is required on all manual underwriting by most mortgage lenders. The only way rental verification of rent is valid is by providing 12 months of canceled checks from the renter to the landlord. Or the renter can provide 12 months of bank statements showing the rent being wired to the landlord. Cash rental payment with a paid receipt is not a valid form of rental verification. If the renter has a lease with a registered property management company, the 12 months of canceled checks or 12 months of bank statements can be waived. The property management company must complete and sign the verification form provided by the lender.
Gustan Cho Associates can waive verification of rent on VA, and FHA manual underwrites if they are living rent-free with family to save money for the down payment and closing costs on a home purchase.
Best Mortgage Lenders For Bad Credit With No Overlays
Borrowers who cannot provide verification of rent and are living rent-free with family do not need to provide rental verification. VOR can be waived on manual underwriting if the borrower lives rent-free with family members.
The loan officer will provide a rent-free letter which needs to be signed by the person with who the borrower is living rent-free. Feel free to contact us at Gustan Cho Associates at 800-900-8569 or text us for a faster response. Or email us at gcho@gustancho.com.
December 13, 2022 - 16 min read