Qualifying For FHA Loan During Chapter 13 Bankruptcy

Qualifying For FHA Loan During Chapter 13 Bankruptcy

Gustan Cho Associates are mortgage brokers licensed in 48 states

In this article, we’ll explore the process of Qualifying For FHA Loan During Chapter 13 Bankruptcy. Homebuyers can secure an FHA loan even during their Chapter 13 Bankruptcy repayment plan before the discharge of the bankruptcy. After completing one year into the repayment period, individuals may become eligible for an FHA loan, whether seeking to purchase a home or refinance. To qualify, borrowers must have made 12 consecutive timely payments to their creditors. Remember that completing Chapter 13 Bankruptcy is one of many ways to fulfill this requirement. However, approval from the bankruptcy trustee is necessary for the mortgage transaction to proceed.

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Steps In Qualifying For FHA Loan During Chapter 13 Bankruptcy?

Qualifying for FHA loan during Chapter 13 bankruptcy can be nerve-wracking for many borrowers. However, there’s no need for concern regarding the approval from bankruptcy trustees for a mortgage or home purchase.  Gustan Cho Associates has successfully facilitated numerous FHA loans during Chapter 13 bankruptcy. Notably, this is the first time we have encountered a situation where a bankruptcy trustee refused to approve an FHA loan for a home purchase during the Chapter 13 bankruptcy repayment period. Trustees typically approve such purchases if the new mortgage is within the borrower’s means and they demonstrate the ability to repay it.

How Long After Chapter 13 Bankruptcy Can I Get An FHA Loan?

The courts recognize housing as an essential need. If you have recently received a Chapter 13 Bankruptcy discharge, you may be eligible for an FHA loan without any waiting period. However, your application will require manual underwriting if your Chapter 13 Bankruptcy discharge has not been established for at least 24 months. Manual underwriting is exclusive to FHA and VA loans among home mortgage programs, as conventional loans do not offer this option.

Qualifying For FHA Loan During Chapter 13 Bankruptcy: HUD Guidelines Versus Lender Overlays

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There are two types of FHA Guidelines:

  1. HUD Guidelines on FHA Loans mandated by HUD 4000.1 FHA Handbook
  2. Mortgage Lender Overlays

Qualifying For FHA Loan During Chapter 13 Bankruptcy Waiting Period

When qualifying for FHA loan while in Chapter 13 bankruptcy, it is crucial to follow the guidelines set by the United States Housing and Urban Development (HUD), which supervises the Federal Housing Administration (FHA). If you are an FHA lender, it is important to follow these guidelines to ensure that the loans you originate and fund meet the criteria set by HUD for insurance eligibility.

Consequently, lenders must closely follow HUD’s directives to navigate the complexities of lending during Chapter 13 bankruptcy proceedings, maintaining compliance to offer borrowers the opportunity to secure FHA loans under such circumstances.

HUD’s role as the governing body behind FHA guidelines underscores the importance of its oversight in the lending process. By mandating compliance with its regulations, HUD safeguards the integrity of FHA loans, promoting accessibility to homeownership even amidst financial challenges like Chapter 13 bankruptcy. Lenders play a critical role in this process by meticulously adhering to HUD’s guidelines, thus enabling individuals qualifying for FHA loan during Chapter 13 Bankruptcy to work towards their homeownership goals.

What Is The Role of HUD on FHA Loans

If you’re considering qualifying for FHA loan during Chapter 13 bankruptcy, it’s important to understand the specific guidelines set forth by the Department of Housing and Urban Development (HUD). HUD offers insurance to lenders to mitigate losses in cases of borrower default and subsequent foreclosure.

Lenders must adhere to HUD guidelines for FHA loans to qualify for this insurance coverage. However, it’s essential to note that lenders may impose additional criteria, known as lender overlays, which surpass the minimum requirements set by HUD.

These lender overlays can vary from institution to institution, potentially making the qualification process more stringent for individuals seeking Chapter 13 bankruptcy FHA loans. While HUD sets the baseline standards, borrowers should be prepared to meet any additional criteria their chosen lender sets. Thus, understanding HUD guidelines and any lender-specific requirements is crucial for securing an FHA loan during Chapter 13 bankruptcy.

Do Lenders Have Different Requirements on FHA Loans During Chapter 13 Bankruptcy?

Qualifying for FHA Loan During Chapter 13 BankruptcyIf you are in Chapter 13 bankruptcy, qualifying for an FHA loan can be difficult, particularly if lenders set additional requirements beyond the minimum HUD Guidelines. These additional requirements, known as FHA Lender Overlays, often act as hurdles for borrowers seeking approval. However, Gustan Cho Associates, a reputable national mortgage company licensed in multiple states, distinguishes itself by having zero overlays on FHA loans.

If you are qualifying for FHA loan during Chapter 13 Bankruptcy, you may need help qualifying for an FHA loan through Gustan Cho Associates. This is because you won’t have to deal with extra obstacles the lender imposes.

Furthermore, Gustan Cho Associates extends its commitment to simplicity and accessibility beyond FHA loans, offering the same zero overlays policy on government and conventional loans. This streamlined approach ensures that borrowers facing financial challenges, such as Chapter 13 bankruptcy, have a viable path to homeownership without unnecessary barriers. If you seek to rebuild your financial stability and secure a home loan during Chapter 13 bankruptcy, Gustan Cho Associates offers a welcoming opportunity that prioritizes transparency and minimizes additional requirements.

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Homebuyers Qualifying For FHA Loan During Chapter 13 Bankruptcy

According to FHA guidelines, individuals in Chapter 13 bankruptcy can still qualify for an FHA loan during the repayment period. This means borrowers don’t have to wait until the bankruptcy is discharged to be eligible. Additionally, FHA guidelines state that borrowers can qualify for FHA loans immediately after the discharge date of a Chapter 13 bankruptcy without any waiting period. However, it’s important to note that many lenders impose additional requirements, known as lender overlays.

Qualifying For FHA Loan During Chapter 13 Bankruptcy After Getting Denial Due From a Lender to Overlays

If you are going through Chapter 13 Bankruptcy, qualifying for an FHA loan may be difficult because of strict lender requirements. Typically, lenders impose a two-year waiting period after the discharge date of Chapter 13 Bankruptcy. This condition is often included in their lending guidelines. However, at Gustan Cho Associates, a significant portion of our clients fall into the category of individuals either currently in a Chapter 13 Bankruptcy Repayment Plan or lacking the required two-year seasoning post-bankruptcy discharge.

Qualifying For FHA Loan During Chapter 13 Bankruptcy under Manual Underwriting

Homebuyers undergoing Chapter 13 Bankruptcy may find hope in qualifying for an FHA loan through a manual underwriting process, even amidst their repayment journey. At Gustan Cho Associates Mortgage Group, we understand individuals’ unique challenges during this period. Therefore, we offer tailored solutions to help applicants navigate the complexities of mortgage approval, ensuring their Chapter 13 status supports their homeownership dreams.

With our expertise in manual underwriting, we assess each case diligently, considering factors beyond traditional credit scores to provide opportunities for those seeking FHA loans during Chapter 13 Bankruptcy.

Furthermore, our commitment extends beyond the discharge date of Chapter 13 Bankruptcy. Unlike conventional lenders, we eliminate the waiting period, enabling eligible candidates to qualify for an FHA loan immediately after their bankruptcy is discharged. This approach reflects our dedication to fostering financial stability and homeownership accessibility for all, regardless of past setbacks. At Gustan Cho Associates Mortgage Group, we prioritize empowering individuals on their path to homeownership, ensuring that Chapter 13 Bankruptcy doesn’t stand as a barrier but rather a stepping stone toward achieving their housing goals.

Types Of Bankruptcies And Qualifying For FHA Loan During And After Chapter 13 Bankruptcy

Homebuyers can qualify for FHA loans after Chapter 7 and Chapter 13 Bankruptcies. However, there are FHA Requirements that borrowers need to qualify for FHA loans after Chapter 7 and Chapter 13 Bankruptcy. There are two types of bankruptcies for individuals drowning in debt and needing relief from creditors and collections agencies.

  1. A Chapter 7 Bankruptcy
  2. Chapter 13 Bankruptcy

How Does Chapter 7 Bankruptcy Work?

It’s challenging qualifying for FHA loan during Chapter 13 bankruptcy. Unlike Chapter 7 bankruptcy, which involves total liquidation, Chapter 13 allows consumers to restructure their debts while retaining some assets. Consumers must pass the Chapter 7 Means Test, which evaluates their income levels, to qualify for Chapter 7 bankruptcy. If you have significant assets, choosing to file for Chapter 7 bankruptcy may lead to liquidation of those assets, with the proceeds being distributed among your creditors by the Bankruptcy Trustee. This is done to prevent individuals with high incomes from filing for Chapter 7 bankruptcy.

Qualifying For A Mortgage After Bankruptcy

Most consumers who file Chapter 7 Bankruptcy are those who have little to no assets and little to no income. All debts, with the exception of government debts, will get discharged with a Chapter 7 Bankruptcy. The consumer can get a fresh financial start where they will no longer owe anything to any creditors. Outstanding collection accounts no matter how much the outstanding unpaid balance is, as well as any judgments get wiped out with a Chapter 7 Bankruptcy discharge. Homebuyers can qualify for FHA loans two years from the discharged date of a Chapter 7 Bankruptcy.

How Does Chapter 13 Bankruptcy Work?

With A Chapter 13 Bankruptcy, the consumer needs to have a source of income. Whether it is a job, business, or other documented source of income is required in order to qualify for a Chapter 13 Bankruptcy Repayment Plan. A Chapter 13 Bankruptcy is when the courts will appoint a Chapter 13 Bankruptcy Trustee. The Chapter 13 Bankruptcy Trustee will go over the overall finances of the Chapter 13 Bankruptcy petitioner and allocate a certain percentage of the consumer’s income to pay the creditors.

Qualifying For FHA Loan During Chapter 13 Bankruptcy With Bankruptcy Trustee Approval

The Chapter 13 Bankruptcy Trustee will propose a three to a five-year repayment plan for the creditors. After that period is over, whatever balance is remaining will be discharged and the consumer will be debt-free. Both Chapter 7 Bankruptcies and Chapter 13 Bankruptcies are federal laws to help consumers who had financial problems due to extenuating circumstances.

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Qualifying For FHA Loan During Chapter 13 Bankruptcy Under Today’s Federal Bankruptcy Laws

Bankruptcy Laws were created to give relief to consumers to restart their lives and get a fresh start. Those who want to purchase a home can qualify for an FHA Loan During Chapter 13 Bankruptcy one year into a Chapter 13 Bankruptcy Repayment Plan. Homebuyers can qualify for an FHA loan two years after a Chapter 7 Bankruptcy discharge date.

Requirements Qualifying For FHA Loan During Chapter 13 Bankruptcy Repayment Plan

Those who filed a Chapter 13 Bankruptcy and have been into a repayment plan for at least a year can qualify for an FHA loan. Borrowers need to have been one year into their repayment plan with no late payments. Homebuyers will need the approval of their Chapter 13 Bankruptcy Trustee. Getting Trustee Approval is normally never an issue.

Will I Have An Issue Buying A Home and Qualifying For FHA Loan During Chapter 13 Bankruptcy With Trustee Approval?

Most Chapter 13 Bankruptcy Trustees encourage homeownership and do not have any problems and/or issues signing off on a home purchase with an FHA loan during Chapter 13 Bankruptcy. FHA  mortgage lenders will require at least 12 months of timely payments without any late payments in the past 12 months.

Getting Pre-Approved and Qualifying For FHA Loan During Chapter 13 Bankruptcy 

All FHA loan applications for borrowers applying for FHA loans during Chapter 13 Bankruptcy repayment plans are manual underwrites. On manual underwrites rental verification is required. Exceptions on verification of rent (VOR) can be made if homebuyers are living with family to save money for the down payment. All manual underwriting and compensating factors are positive and will help borrowers.

Importance of Compensating Factors on Manual Underwriting When Qualifying For FHA Loan During Chapter 13 Bankruptcy

Examples of compensating factors are the following:

  • Larger down payment
  • Reserves
  • Longevity on the job or second job that is not used as qualified income and borrower had it for at least a year
  • Other income that is not used as qualifying income
  • As standard automated approved FHA Loans, the down payment requirement is a 3.5% down payment on a home purchase

The minimum credit score to qualify for FHA Loan During Chapter 13 Bankruptcy Repayment Plan is 580 FICO credit scores.

Qualifying For FHA Loan After Chapter 7 Bankruptcy

Homebuyers who cannot qualify for an FHA loan after a Chapter 7 Bankruptcy until they have passed a mandatory two-year waiting period after a Chapter 7 Bankruptcy discharged date. Lenders will want to see re-established credit after the Chapter 7 Bankruptcy discharged date. No late payments after Chapter 7 bankruptcy. The majority of lenders will not accept any borrowers who had any late payments after a Chapter 7 Bankruptcy. They also do not accept any borrowers who had late payments during and/or after a Chapter 13 Bankruptcy.

The Difference in Qualifying For FHA Loan During Chapter 13 Bankruptcy Versus After Discharged Date

There is no waiting period to qualify for an FHA loan after a Chapter 13 Bankruptcy discharge date. However, most lenders will have a two-year waiting period after a Chapter 13 Bankruptcy discharge date as part of their overlays. Under no circumstances be late on any debt payments after a bankruptcy and/or foreclosure. Again, any late payments after bankruptcy and/or foreclosure may ruin your chances of qualifying for FHA loans as well as other loan programs.

Qualifying For FHA Loan During Chapter 13 Bankruptcy With A Lender With No Overlays

Borrowers who have any late payments after bankruptcy and/or foreclosure are told that they do not qualify for an FHA loan. However, one or two late payments after bankruptcy and/or foreclosure are not a deal killer. Gustan Cho Associates is a national mortgage company licensed in multiple states with no lender overlays on government and conventional loans.

Qualifying For FHA Loan During Chapter 13 Bankruptcy and Getting Pre-Approved

Homebuyers who need a lender with no lender overlays on FHA Loan during Chapter 13 Bankruptcy and/or after Chapter 13 Bankruptcy discharge, please contact us at Gustan Cho Associates at 800-900-8569 or text us for a faster response. Or email us at alex@gustancho.com.  Our team of licensed loan officers will do everything possible to pre-approve our borrowers. We are confident not just to close on your home loan but close it on time. The team at Gustan Cho Associates is available 7 days a week, on evenings, weekends, and holidays.

FAQ: Qualifying For FHA Loan During Chapter 13 Bankruptcy

1. What are the steps in qualifying for an FHA loan during Chapter 13 Bankruptcy? Qualifying for an FHA loan during Chapter 13 bankruptcy involves specific steps. Borrowers must demonstrate financial responsibility by making 12 consecutive timely payments to their creditors. However, obtaining approval from the bankruptcy trustee for the mortgage transaction to proceed smoothly is essential.

2. How long after Chapter 13 Bankruptcy can I get an FHA loan? Individuals undergoing Chapter 13 bankruptcy can potentially qualify for an FHA loan immediately after the discharge date without any waiting period. However, if the bankruptcy discharge has not been established for at least 24 months, manual underwriting may be required for the FHA loan application.

3. What are HUD agency mortgage guidelines and lender overlays in qualifying for an FHA loan during Chapter 13 bankruptcy?HUD sets the baseline standards for FHA loans, ensuring accessibility to homeownership even during financial challenges like Chapter 13 bankruptcy. However, lenders may impose additional criteria, known as lender overlays, which can vary between institutions. Borrowers must understand both HUD guidelines and any lender-specific requirements.

4. Do lenders have different lending requirements on FHA loans during Chapter 13 bankruptcy? Yes, lenders may have varying lending requirements, particularly during Chapter 13 bankruptcy. While some lenders may impose strict criteria, others, like Gustan Cho Associates, offer FHA loans with zero overlays, simplifying the qualification process for borrowers.

5. How does manual underwriting help qualify for an FHA loan during Chapter 13 bankruptcy? Manual underwriting allows individuals undergoing Chapter 13 bankruptcy to qualify for an FHA loan. It allows lenders, like Gustan Cho Associates, to assess each applicant’s unique circumstances beyond traditional credit scores, potentially offering a path to homeownership despite financial setbacks.

6. What is the difference in qualifying for an FHA loan during Chapter 13 bankruptcy versus after the discharged date? Qualifying for an FHA loan during Chapter 13 bankruptcy may involve additional steps, such as trustee approval and meeting specific lender requirements. However, after the discharge date, individuals can potentially qualify without a waiting period, though some lenders may still have their own overlays in place.

7. Can late payments after bankruptcy affect qualifying for an FHA loan? Late payments after bankruptcy can impact eligibility for FHA loans and other loan programs. While one or two late payments may not be a deal-breaker for lenders like Gustan Cho Associates, maintaining financial responsibility post-bankruptcy is crucial for securing mortgage approval.

8. How can Gustan Cho Associates assist in qualifying for an FHA loan during Chapter 13 bankruptcy? Gustan Cho Associates, a national mortgage company licensed in multiple states, offers FHA loans with no lender overlays on government and conventional loans. Their streamlined approach prioritizes transparency and accessibility, providing a welcoming opportunity for borrowers navigating Chapter 13 bankruptcy.

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This blog about Qualifying For FHA Loan During Chapter 13 Bankruptcy was updated on March 20th, 2024.


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20 Comments

    1. You can purchase a home in a different state while in Chapter 13 Bankruptcy but you need to prove that it will be your owner occupant primary home. You need to be close to your work. You cannot buy a second home or investment home with an FHA loan

    1. No. Late payments that report on your credit report will be counted and you cannot qualify for an FHA loan if you had late payments during Chapter 13 bankruptcy. If you had a mortgage forbearance, the late payments will not report on your credit report.

  1. Hi, what is considered “satisfactory” on time payments. I am two years into my Chapter 13 bankruptcy repayment plan and I had one payment that was 43 days from the previous payment back in Jan 2020. All payments since then have been less than 30 days apart. I meet all other requirements for obtaining an FHA mortgage while in Chapter repayment, and the trustee already approved motion to incur new debt. Will that one lapse 18 months ago disqualify me?

  2. I am over three years in on my Chapter 13, 5 year repayment plan, in Kentucky . I have never missed a Chapter 13 payment nor has the trustee ever notified me that I was late on a payment. So to my knowledge I’ve never been late. I am in the process of saving my down payment and closing cost now. Point is I’m almost ready to attempt buying a home via FHA during my chapter 13. My question to you is how do you get paid if I ask for your assistance in my loan process? Nothing is free but if the lender doesn’t pay you during some step in the loan process how do you get paid? After saving up the down payment and closing cost I’ll be tapped out so hopefully you get paid by some mechanism within the loan it’s self. Also are licensed in Kentucky?

  3. I have been making payments for almost 4 years for chapter 13. I had cancer ,in order to save my home I had to do this. I am wondering since I have a convential loan ,can I refinace to an FHA loan and take out money to fix my home . I want to refinace to a FHA.

  4. Hi my name is Calvin. I’m going into my second year of a 5 year chapter 13 plan. I have not received a late notice at all during this time . There has been times that it wasn’t paid on the first of the month. My rental payment is paid to the home owner. I break the payment up sometimes sense the pandemic. Will i qualify for a loan if i start making my payments for the next 12 months on time , both rent and to the trustee?

    1. As long as you pay with a 30-day window such as between the first of the month and the 30th or 31st of the month, it is not considered late. What state are you in? Please email us you contact information at gcho@gustancho.com or call us at 262-716-8151. Or text us for a faster response. We will help you get qualified for an FHA loan. We are specialists in helping people get qualified and approved for a mortgage during the Chapter 13 bankruptcy repayment plan. The Chapter 13 bankruptcy does not have to be discharged.

  5. We filed Chapter 13 in 2019. We got off to a rocky start and there were a few late payments, however none since. Our income has improved dramatically so we are much more stable now. We have never been late or missed any payments on our rental house. Credit scores will qualify and we will have an appropriate down payment. Once we show 12 consecutive on time payments to the trustee, would that fit the bill to qualify for FHA?

    1. Hello,

      We live in GA. Will we be able to get a FHA construction loan to purchase land and build a home on it for our permanent residence while in Chapter 13? We will meet all the requirements for a standard FHA loan once our 12th payment clears in February 2022.

      Thank you for all the information you have provided thus far.

      1. I am going to have to find out for you. We used to be able to do it via manual underwrite but things have changed since the covid recovery. I know we can do FHA 203k loans via case by case exception basis but need to find more about the one time construction. We do not have any lender overlays on government and conventional loans but we have investors on specialty loan programs like the one-time close FHA construction loan. Email us your phone number and contact information at gcho@gustancho.com or call us at 262-716-8151. Text us for a faster response.

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