This blog will discuss qualifying for an FHA loan with judgment mortgage guidelines and requirements. A Judgment is probably the worst derogatory credit item on your credit report. A judgment is worse than a bankruptcy. This is because, with bankruptcy, consumers are wiping the slate clean. Creditors can no longer come after consumers. However, with unpaid judgments, the judgment creditor can always come after consumers. FHA loan with judgment mortgage guidelines apply to a home purchase and refinance mortgage loans. This article will discuss and cover FHA Loan With Judgment Mortgage Guidelines And Requirements.
HUD, the parent federal agency of FHA, offers several options for borrowers with outstanding judgments to qualify for FHA loans. HUD and most lenders generally want borrowers to have their outstanding judgments paid off. You can pay the outstanding judgment at closing and the title company can record the payment when they record the deed of the new ownership. The second option is to settle with the judgment creditor for lower than the face value of the court judgement.
How Can I Get FHA Loan After Paying Judgment Creditor?
They are getting the paid receipt and settlement agreement and taking that to close, where the title company can have it recorded when they record the deed of the home purchase. The third and most common option is to negotiate and enter into a written payment agreement with the judgment creditor. HUD allows borrowers to mutually settle an outstanding judgment for less than the face amount and be eligible for an FHA loan. The satisfaction of judgment needs to be recorded on county records or at closing through the title company.
FHA Guidelines on Written Payment Agreements on Judgments
Another option borrowers have negotiating judgment with a monthly payment plan and making payments for three consecutive months. You need to have a written payment agreement and not a verbal one.
You can have a judgment and still qualify for an FHA loan if you have a written payment agreement with the judgment creditor, but three months of payments need to be made and seasoned.
You cannot pay the three months of payments upfront once you have entered into a written payment agreement.
Do Mortgage Lenders Look at Judgments?
Can I Get a Mortgage With a Judgment on My Credit Report?
Just because a judgment does not report on the credit reports does not mean borrowers are off the hook. Most judgments will get deleted from the consumer credit reports after seven years after the judgment recorded to date.
Judgments can be good for ten to twenty years, depending on the state. Also, judgment creditors can renew judgments for another ten or twenty years once the statute of limitations on judgment expires.
How Do judgments get discovered by mortgage lenders? We will discuss this topic in the next paragraph.
Can Mortgage Underwriters See Judgments Not on Credit Reports?
One of the misunderstandings among homebuyers is just because a judgment does not report on their credit reports. They think they are clear and good to go on getting approved for a mortgage. Lenders will thoroughly review the borrower’s credit report.
Mortgage lenders will take a step further and do a third-party national public record search, and any judgment not on a credit report will show up through the third-party national public records search.
Before the judgment, creditors will settle a judgment. They will run a background check on the consumers and research whether they hold any assets.
How Can Judgment Creditors Enforce Court Judgments?
If the judgment creditor discovers the consumer has assets and high income, the judgment creditor can enforce the judgment and take the following actions:
- garnish wages
- freeze bank accounts
- lien your property and assets
However, not every judgment creditor will enforce an outstanding judgment. It costs money and takes time to enforce a judgment. Creditors need to make sure the debtor has assets to collect judgments.
How Bad Are Judgments For FHA Loans?
A judgment is like cancer. Until the statute of limitations is over or the consumer files for bankruptcy, the judgment can come after the consumer. The judgment creditor cannot come after consumers with no assets or income. This is because they are judgment-proof. Being judgment-proof means that if a judgment debtor has nothing of value and no income, the judgment creditor cannot come after someone with anything to collect.
Just for the record, even if the judgment is removed from credit reports, you may still not qualify for an FHA loan due to the statute of limitations. One frequently asked question at Gustan Cho Associates is how long do court judgments stay on a credit report? Judgments are reported for seven years from the recorded date of the judgment from the date the judgment was issued before it can be deleted legally by the three credit bureaus.
Do not listen to expensive credit repair companies who swear up and down they can remove judgments, tax liens, bankruptcies, and foreclosures on your credit report. Even if they successfully remove judgments and other public records, mortgage underwriters will find out.
Are Large Judgment Amounts Civil or Criminal?
Unless you have committed fraud, all civil judgments, tax liens, and other public records are of civil matters and not criminal. Consumers cannot go to jail because they have a judgment. However, suppose the judgment creditor gets wind that the consumer came into some wealth, whether by inheritance, winning the lottery, or landing a high-paying job. In that case, they will invest their money in legal fees and can come after them. This article will answer the question Can You Qualify For an FHA Loan With Judgment?
Can Court Judgments Disqualify Me For an FHA Loan?
A common frequently asked question at Gustan Cho Associates is can you qualify for FHA Loan with judgment? The answer is yes and no. The answer is NO if you do not address the court judgment. The answer is YES.
You can qualify for an FHA loan with an outstanding judgment if you settle the judgment with the judgment creditor for a lower amount than the face value or enter into a written payment agreement with the judgment creditor for a fixed monthly payment.
Mortgage Agency Guidelines have certain rules and guidelines when it comes to qualifying for an FHA Loan With Judgment. Homebuyers can qualify for VA, USDA, Conventional, or an FHA Loan With Judgment.
Can I Qualify For a Cash-Out Refinance FHA Loan With Judgment?
Many homeowners have a lot of equity due to skyrocketing home values in recent years. Home values are still increasing despite soaring historic high inflation, uncertainty in the stock market, economic uncertainty, and surging high mortgage rates. Due to the high demand for homes versus inventory, home prices have doubled yearly in most parts of the country. With skyrocketing home values, many homeowners tap into their home equity for a cash-out refinance.
When Does Judgment Need To Get Paid for Cash-Out FHA Loan With Judgment?
What happens if you have a judgment? Can you still qualify for a cash-out refinance FHA loan with judgment? If so, do I have to pay the outstanding judgment to qualify for a cash-out FHA loan with judgment? The answer is yes. You can still qualify for a cash-out refinance FHA loan with judgment. The lender will verify you have enough cash-out proceeds to pay the judgment at closing. If you have enough funds to cover the judgment, you can pay the judgment at closing with the proceeds of the cash-out refinance mortgage loan. Once the title company pays the judgment, the title agent will record the judgment in public county records.
How Do Underwriters View Judgments When Underwriting FHA Loans
Mortgage underwriters must review the borrower’s past credit history, including derogatory credit information. Collection accounts and judgments will be carefully reviewed and analyzed. Michelle McCue of Gustan Cho Associates said the following about how mortgage underwriters check for bad credit during the mortgage underwriting process:
Mortgage underwriters will check if borrowers’ disregard caused the collection accounts and judgments for credit and financial responsibilities. Underwriters will carefully analyze the borrower’s inability to manage debts. Was bad credit and judgments due to extenuating circumstances caused by loss of employment, divorce, or medical issues?
Borrowers with derogatory credit items must provide letters of explanation with supporting documents for each outstanding collection account and judgment. The letter of explanation and supporting docs must be consistent with other credit information in the file.
Can Collections and Charged-Off Accounts Turn Into Court Judgments?
HUD does not require borrowers to have outstanding collections and charged-off accounts to be paid to qualify for FHA loans. Having unpaid collection accounts does not disqualify borrowers from getting an FHA loan approval. FHA does not require borrowers to pay off the unpaid collection account balances to be eligible for an FHA loan. Borrowers do not have to pay off old collection accounts to qualify for an FHA loan. According to HUD mortgage guidelines, mortgage underwriters can ignore medical collection and charge-off accounts.
Qualifying for an FHA Loan With Judgment Versus Collections
With unpaid collection accounts with medical collection accounts, the collection account balance is ignored by most lenders with no overlays. With non-medical collection accounts, if the collection account balance is greater than $2,000, then 5% of the unpaid collection balance will be used. The 5% rule is a hypothetical debt and is only used for debt-to-income ratio calculations. This figure will be used as part of the borrower’s monthly debt in calculating the debt-to-income ratios by mortgage underwriters.
How Can Non-Medical Collections Affect DTI on FHA Loans?
Mortgage underwriters will take 5% of the outstanding collection balance as a hypothetical monthly debt when calculating debt-to-income ratios. The 5% FHA RULE is a hypothetical debt and will be used. This holds even though no payments need to be made.
For borrowers with large collection account balances and 5% of the outstanding account balance exceeds the maximum debt-to-income ratio caps. There is a solution to lower your DTI with collections. Mortgage borrowers can make a written payment agreement with a collection agency.
The monthly payment agreement agreed upon can be used to calculate the monthly debt-to-income ratio instead of the 5% of the unpaid collection account balance. Again, medical collections and charged-off accounts are exempt from the 5% rule.
The Best Mortgage Lenders For FHA Loans With Judgments
Borrowers can qualify for an FHA loan With Judgment either by paying off the judgment before or closing. Or by having a written payment agreement with the judgment creditor. Alex Carlucci of Gustan Cho Associates said the following about qualifying for an FHA loan with an outstanding judgment on a payment plan:
At least three months of payments must be made to the judgment creditor to qualify for FHA Loan With Judgment. I often get asked by home buyers with judgments if they can pay the three months of payments to the judgment creditor ahead of the payment due date and in one lump sum. The answer is NO.
Three months of seasoning is required. The judgment debtor needs to make three monthly payments and provide three months of canceled checks to the mortgage underwriter.
How Can I Qualify For an FHA Loan With Judgment If I Got Denied By A Different Lender?
Over 75% of our borrowers at Gustan Cho Associates could not qualify at other lenders due to lender overlays. Gustan Cho Associates has a national reputation for being a one-stop mortgage shop. We are known by many in the industry, including realtors, that Gustan Cho Associates can do loans other lenders can’t. Gustan Cho Associates can qualify borrowers for an FHA loan with judgment and bad credit.
The Best Non-QM Loan Mortgage Lenders For Bad Credit with Judgment
Every non-QM and alternative financing mortgage program is available in today’s market. Some popular loan programs include bank statement mortgages, non-QM mortgages one day out of bankruptcy and bankruptcy, asset depletion, fix and flip loans, and our no-doc stated income P and L mortgage loans with no income tax return required.
80% of our clients are borrowers at Gustan Cho Associates are folks who could not qualify at other lenders due to their overlays, or borrowers who get a last-minute mortgage denial due to not being properly qualified.
The great news is the Team at Gustan Cho Associates gets them qualified, approved, and closed. The team at Gustan Cho Associates is available seven days a week, on evenings, weekends, and holidays at 800-900-8569. Text us for a faster response, or email him at firstname.lastname@example.org.