HUD Late Payment Mortgage Guidelines During Chapter 13 Bankruptcy

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HUD Late Payment Mortgage Guidelines During Chapter 13 Bankruptcy

This BLOG On HUD Late Payment Mortgage Guidelines During Chapter 13 Bankruptcy Plans Was PUBLISHED On March 4th, 2019

Borrowers can qualify for FHA and VA Loans after bankruptcy.

One problem borrowers will encounter when applying for a mortgage after bankruptcy is most lenders will not allow late payments during and/or after bankruptcy

VA And HUD Late Payment Mortgage Guidelines

Under VA and HUD Late Payment Mortgage Guidelines, borrowers can qualify for VA and/or FHA Loans with late payments during or after bankruptcy. 

  • However, most lenders have overlays where no late payments during and/or after bankruptcy is allowed

Gustan Cho Associates Mortgage Group has helped many borrowers with late payments during and/or after bankruptcy. 

HUD Late Payment Mortgage Guidelines During Chapter 13 Bankruptcy And How To Avoid Late Payments

Consumers with income can file Chapter 13 Bankruptcies.

  • If a consumer does not have a job, they cannot file Chapter 13 and need to explore filing Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy is a court-supervised repayment plan over a term of 60 months
  • A percentage of consumer’s wages are allocated every month by the trustee
  • That portion of wages is used to pay creditors
  • The payment to creditors is adjusted during the repayment term if there are changes in income

After 60 months, the remaining balance on the debts owed is then discharged by the courts. The consumer is then debt free.

Objections By Creditors On Chapter 13 Bankruptcy Filings

A creditor can contest and object to a petitioner’s Chapter 13 Bankruptcy repayment plan.

  • This is due to the fact the creditor did not agree on how they are getting paid on the amount owed
  • If the consumer is behind on their mortgage payments and a Chapter 13 repayment plan does not pay back the total mortgage payments due, the creditor will most likely object with their payment plan

The creditor will be filing an objection with the courts to advise the arrearage sum that needs to be paid through the Chapter 13 Plan.

This also holds true when petitioners change the terms of an auto loan and the auto finance company does not agree with the rate and balance. 

Here is what Chicago Bankruptcy Attorney Chad Hayward says about Creditors Objections:

If you change the terms of a car loan in an impermissible way and your auto lender does not agree with the interest rate, balance of the loan, or value provided for the vehicle in your schedules, your creditor may file an objection so that they are not bound by such negative treatment. The relief requested in the objection often states to not confirm the plan or dismiss the case. Again, this is easily fixed and your attorney will get notice of it and make the necessary corrections, or contact you to discuss the possible correction or modification to your plan so that the objection can be resolved. The value of your car is important in situations where you obtained the loan more than 910 days before filing your case because under those circumstances, you can lower the amount of the debt to the value of your car. So, if you owe $20,000 on your car loan, the car is only worth $15,000 and you obtained the loan more than 910 days before you filed, you can lower the balance of the loan to $15,000. The remaining $5,000 would be paid at the same percentage as your other unsecured creditors which may be as low as 10%. Even if you cannot lower the balance of the loan because you purchased the vehicle within the 910 days immediately preceding the filling of your petition, you can almost always lower the interest rate. Moreover, in a Chapter 7 case, you can always “redeem” a vehicle for the fair market value. This generally involves a lump sum payment to the original vehicle lender. So, under the situation provided above, if you owe $20,000 and the car is only worth $15,000, you can “redeem” the car for $15,000. There are lenders that will loan you the money to redeem such vehicles if the condition and mileage of the car meet their requirements. Usually, however, these loans involve higher interest rates, so the amount of the loan and payments should be balanced with any possible increase in interest rates. My office has a lender that we refer our clients to if they desire to attempt a “redemption” of their vehicle.

Whatever the minimum payment due to creditors, that amount needs to be paid timely. Timely payments is crucial during and after bankruptcy for mortgage borrowers to qualify for a mortgage.

VA And HUD Late Payment Mortgage Guidelines On Manual Underwriting

There are two types of mortgage guidelines. 

  • Agency Guidelines
  • Lender Overlays

Nothing in VA and HUD Late Payment Mortgage Guidelines state that borrowers cannot have late payments after bankruptcy and foreclosure. All lenders require borrowers to meet minimum agency mortgage guidelines. However, lenders can have additional lending requirements called lender overlays. Mortgage overlays are guidelines that is above and beyond FHA, VA, USDA, Fannie Mae, Freddie Mac. Most lenders will not approve borrowers with any late payments during and/or after bankruptcy. They consider borrowers with late payments during and late payments as second offenders. However, Gustan Cho Associates Mortgage Group can help borrowers with late payments during and after bankruptcy. All manual underwriting require timely payments in the past 24 months. However, we have approved borrowers with late payments in the past 24 months on manual underwriting. Need a solid letter of explanation with supporting docs. We have also helped borrowers with late payments after bankruptcy and foreclosure. I am not saying it is easy, but it is not the end of the world. Borrowers who need to qualify for a mortgage with late payments during and/or after bankruptcy, please contact us at Gustan Cho Associates at 262-716-8151 or text us for faster response. Or email us at gcho@loancabin.com. We are national direct lenders with no overlays on government and conventional loans. We are available 7 days a week, evenings, weekends, and holidays.

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