July 5th, 2011 — 12:09pm - Foreclosures, Bankruptcy, and Short Sales

Often a seller will raise a question regarding the best solution when faced with the potential loss of a home. One of the ramifications that needs to be considered is the long term impact on the seller’s credit and ability to purchase a home in the future. Recently, this data was provided to us from a mortgage underwriter. While this information is not universal across all lenders it certainly can help to establish a baseline. I hope that you’ll find it useful.

 

 

Distress Conventional FHA VA
Chapter 13 Bankruptcy 2 years after discharge of bankruptcy and re-established credit. 4 years after dismissal of bankruptcy and res-established credit
Chapter 13 Bankruptcy (with extenuating circumstances) 2 years after dismissal or discharge of bankruptcy and re-established credit
Chapter 7, 11, or 12 Bankruptcy 4 years after either discharge or dismissal of bankruptcy and re-established credit after discharge or dismissal of bankruptcy 2 years after dismissal or discharge of bankruptcy and re-established credit or borrower has chosen not to incure new credit obligations. 2 years since discharge and re-establishing credit.
Chapter 7, 11, or 12 Bankruptcy (with extenuating circumstances) 2 years after dismissal or discharge of bankruptcy and re-established credit after either discharge or dismissal if resulted from extenuating circumstances. Not less than 12 months since discharge of bankruptcy and re-established credit or borrower has chosen not to incur new credit obligations. Borrower must have clear CAIVRS # regardless of bankruptcy. 1 to 2 years since discharge and re-established credit with satisfactory pay history if due to extenuating circumstances. Borrower must have clear CAIVRS# refardless of bankruptcy.
Short Sale 4 years after completion of preforeclosure same and re-established credit after completion of preforeclosure sale. 3 years since completion of pre-foreclosure and re-established credit after completion of pre-foreclosure sale or borrower has choose not to incur new credit obligations. The Department of Veteran’s Affairs does not consider a Short Sale a preforeclosure.
Short Sale (with extenuating circumstances) 2 years after completion of prefoeclosure sale and re-established credit of preforeclosure sale if due to extenuating circumstances. Less than 3-years acceptable if primary residence and if due to extenuating circumstances and re-established credit after completion of preforeclosure sale or borrower has chosen not to incur new credit obligations. Borrower must have clear CAIVRS# regardless of pre-foreclosure. The Department of Veteran’s Affairs does not consider a Short Sale a preforeclosure.
Foreclosure 7 years after completion of foreclosure and re-established credit after completion of foreclosure. 3 years since completion of pre-foreclosure and re-established credit or borrower has choose not to incur new credit obligations. 2 years since completion and re-establish credit
Foreclosure (with extenuating circumstances) 3 years after completion of forclosure and re-established credit after completion if resulted from extenuating circumstances. Less than 3-years acceptable if primary residence and if due to extenuating circumstances and re-established credit or borrower has chosen not to incur new credit obligations. Borrower must have clear CAIVRS# regardless of foreclosure. 1 to 2 years since completion and re-established credit with satisfactory pay history if due to extenuating circumstances. Borrower must have clear CAIVRS# refardless of foreclosure.
Deed in Lieu of Foreclosure 4 years after completion of foreclosure sale and re-established credit after completion of foreclosure. 3 years since completion of foreclosure and re-established credit or borrower has chosen not to incur new credit obligations. 2 years since completion and re-establish credit
Deed in Lieu of Foreclosure (with extenuating circumstances) 2 years after completion of prefoeclosure sale and re-established credit after completion if resulted from extemuating circumstances. Less than 3 years acceptable if primary residence and if due to extenuating circumstances and re-established credit or borrower has chosen not to incur new credit obligations. Borrower must have clear CAIVRS# regardless of foreclosure. 1 to 2 years since completion and re-established credit with satisfactory pay history if due to extenuating circumstances. Borrower must have clear CAIVRS# refardless of foreclosure.

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