FORECLOSURE, BANKRUPTCY, DEED IN LIEU, SHORT SALE HOW LONG BEFORE I CAN PURCHASE A HOME AGAIN???

Larry Doss Thursday, April 23, 2009

ACCORDING TO FANNIE MAE GUIDELINES THERE HAVE BEEN ADJUSTMENTS TO QUALIFY FOR PURCHASING AFTER BANKRUPTCY,DEED IN LIEU OF FORECLOSURE, PRE FORECLOSURE SALES AS FOLLOWS:


New Requirements
Action:Bankruptcy (All Except Chapter 13)
4-year time period from discharge date
The 4-year time period remains the same but will now be applied from either the discharge or dismissal date of the bankruptcy action.

Chapter 13 Bankruptcy
2-year time period from discharge date
The time period for Chapter 13 bankruptcy actions is measured as follows:
• 2 years from the discharge date, or
• 4 years from the dismissal date.
Exceptions for Extenuating Circumstances – All Bankruptcy Actions
2-year time period from discharge date. No exception to the 2 year time period for Chapter 13 bankruptcy actions.
The 2-year time period will be measured from the bankruptcy discharge or dismissal date. No exceptions are permitted to the 2-year time period after a Chapter 13 discharge.
Multiple Bankruptcy Filings
No existing policy
5-year time period from most recent dismissal or discharge date required for borrowers with more than one bankruptcy filing within the past 7 years.
Exceptions for Extenuating Circumstances – Multiple Bankruptcy Filings
No existing policy
3-year time period from the most recent discharge or dismissal date
Note: The most recent bankruptcy filing must have been the result of extenuating circumstances.
Foreclosure1
4-year time period from the date the foreclosure sale was completed (“completion date”)
5-year time period from completion date
Additional requirements that apply after 5 years up to 7 years following completion date:
• The purchase of a principal residence is permitted with a minimum 10 percent down payment and minimum representative credit score of 680.
• Purchase of a second home or investment property is not
1 The “New Requirements” were previously announced in Announcement 08-08, but additional clarification is provided here.
Announcement 08-16 Page 3
Action Current Requirements New Requirements
permitted.
• Limited cash-out refinances are permitted for all occupancy types pursuant to the eligibility requirements in effect at that time.
• Cash-out refinances are not permitted for any occupancy type.
Exceptions for Extenuating Circumstances –

Foreclosure1
2-year time period from completion date
3-year time period from completion date
Additional requirements that apply after 3 years up to 7 years following completion date:
The same additional requirements apply as above except the minimum credit score of 680 is not required.

Deed-in-Lieu of Foreclosure
4-year time period from completion date (date deed-in-lieu executed)
No change
Additional requirements that apply after 4 years up to 7 years following completion date:
• Borrower may purchase a property secured by a principal residence, second home, or investment property with the greater of 10 percent minimum down payment or the minimum down payment required for the transaction.
• Limited-cash-out and cash-out refinance transactions secured by a principal residence, second home, or investment property are permitted pursuant to the eligibility requirements in effect at that time.
Exceptions for Extenuating Circumstances –
Deed-in-Lieu of Foreclosure
2-year time period from completion date
No change
The same additional requirements noted above for deed-in-lieu apply after 2 years up to 7 years following completion date.


Action : Pre foreclosure Sale ~ Short Sale
Current Requirements
New Requirements
Time Period After Preforeclosure Sale
No existing policy
2-year time period from completion date.
Additional Requirements: None
Note: No exceptions are permitted to the 2-year time period due to extenuating circumstances.

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Based on information from the Humboldt Association of REALTORS®, as of 04/23/2024. All data, including all measurements and calculations of area, is obtained from various sources and has not been, and will not be verified by broker or MLS for accuracy. All information should be independently reviewed and verified of accuracy. Properties may or may not be listed by the office/agent presenting the information. Copyright ©2024 Humboldt Association of Realtors®. All rights reserved.