Home Loan Part Of Chapter 7 Bankruptcy Mortgage Guidelines
This BLOG On Home Loan Part Of Chapter 7 Bankruptcy Mortgage Guidelines Was UPDATED On January 2nd, 2019
Those who filed Chapter 7 Bankruptcy, there is a mandatory 2 year waiting period from the date of the discharge of bankruptcy in order for to qualify for FHA, VA, and USDA Loans.
- Those who have a prior foreclosure, deed in lieu of foreclosure or short sale, there is a 3 year mandatory waiting period
- The waiting period is either from the date of the short sale or the recorded date of the foreclosure or deed in lieu of foreclosure
- Remember that the waiting period time clock on a foreclosure or deed in lieu of foreclosure starts from the recorded date of the foreclosure or deed in lieu of foreclosure:
- Not the date the homeowner turned the keys over or signed the foreclosure paperwork
- Those who have home loan part of Chapter 7 Bankruptcy, the waiting period is two years after the discharge date of bankruptcy to qualify for FHA Loans
- But since the waiting period is three years for a foreclosure, mandatory period will be three years from the date of the recorded date of foreclosure and NOT the bankruptcy discharge date
Problems That Can Arise If You Had A Home Loan As Part Of Chapter 7 Bankruptcy
Thousands of folks who have a foreclosure as part of their bankruptcy think that the foreclosure is finalized and that the waiting period starts the date of the bankruptcy discharge date.
- That is not the case
- Even a person had Home Loan Part Of Chapter 7 Bankruptcy have a foreclosure the foreclosure waiting period time clock does not begin until the foreclosure has been recorded on the county recorder of deeds and the foreclosure has been fully stamped and recorded
- The note on mortgage might have been zeroed out and the homeowner may not owe anything on the note and have no liabilities:
- But the foreclosure waiting period start date is not effective until the recorded date has been recorded
- Many lenders are in no hurry in transferring the deed of foreclosed home into their name and recording it
Qualifying For Mortgage After Prior Home Loan Part Of Chapter 7 Bankruptcy
There are dozens of calls I get everyday where folks had a home loan part of Chapter 7 Bankruptcy and have passed their 3 year waiting period but do not qualify for a mortgage loan. This is because the mortgage lender has not transferred the deed out of the borrowers name into the lender’s name.
- Some of these mortgage lenders have not even transferred the deed over their names even after 3 years
- This ultimately hurts the person who had a home loan part of Chapter 7 Bankruptcy:
- This is because their waiting period time clock has not even begun yet
Delays In Transferring Deed By Lenders
Bankruptcy attorney should be responsible to make sure that the mortgage lender has transferred the deed to the lender’s name and have it record it on the county recorder of deed for those who had Home Loan Part Of Chapter 7 Bankruptcy.
- Many bankruptcy attorneys did not do so and the client ends up getting hurt since it prolongs them qualifying for a mortgage loan
- Those who had Home Loan Part Of Chapter 7 Bankruptcy and no longer owe any money on home
- The house is free and clear
- Homeowners offered the bank back the deed to home
- However, lenders think they are smart and will try to punish homeowners by not transferring the deed back to their name and recording the deed in the county recorder of deeds
- Technically, homeowners own the home free and clear without a mortgage since the note and Home Loan Part Of Chapter 7 Bankruptcy
- If constant calls to the lender goes unanswered, write a certified letter to lender stating that you are planning on selling your home
- List the home with a realtor and put it on the market
- If the mortgage lender still does not respond to you and transfer the deed into their names, the house is yours
- If the home sells and closes, technically, you are entitled to all of the proceeds to the home
- I will bet any money that the lender will not let this happen and you will get a call back and have the deed to your home transferred over their name in a heart beat
2019 Conventional Loan Update On Mortgage Part Of Bankruptcy
If you have a Home Loan Part Of Chapter 7 Bankruptcy , the waiting period to qualify for a conventional loan starts from the discharge date of bankruptcy and not the recorded date of foreclosure effective August 2014.