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How Bleak Are Your Chances Of Obtaining A Mortgage After Bankruptcy?

New York Bankruptcy Attorney

Most people dread bankruptcy and the stigma attached to it. There are many who worry about the impact of a bankruptcy on their ability to obtain a mortgage in the future. However, the future may not be as bleak as it seems for people who file for bankruptcy. It definitely doesn’t ruin your chances of getting a mortgage or owning a home. There is still hope after bankruptcy. A knowledgeable New York bankruptcy attorney can help you understand the process and figure out your options.

Most people obtain mortgages backed by Fannie Mae or the Federal Housing Administration (FHA). FHA provides mortgage insurance that protects lenders against losses as a result of default by home owners. Both Fannie Mae and FHA mortgages could be obtained after a bankruptcy filing. The chances of obtain a mortgage after a bankruptcy may even be better for bankruptcy filers than homeowners in foreclosure.

When comparing the impact of bankruptcy and foreclosure, you should consider which one makes it more difficult to obtain a Fannie Mae or FHA mortgage. Bankruptcy may stand out on your credit report for 10 years but your chances of owning your own home may not be doomed for so long. You could bounce back within a year after a bankruptcy filing with an FHA mortgage or a mortgage backed by Fannie Mae in about two years.

Chapter 13 bankruptcy filers could obtain an FHA mortgage after a one year waiting period. New FHA guidelines allow for Chapter 13 bankruptcy filers if chapter 13 payments have been consistently made on time for a period of at least one year, and court approval is obtained. Chapter 7 bankruptcy filers have to wait a minimum of two years from the date of discharge which is should not be confused with the date of filing.

Under Fannie Mae guidelines the waiting period for a mortgage for people who obtained a discharge in a chapter 13 bankruptcy is two years. If the chapter 13 case is dismissed the debtor has to wait four years for a mortgage under the Fannie Mae guidelines. For those who file Chapter 7 bankruptcy, the waiting period is four years from the discharge or dismissal date of the bankruptcy action. Chapter 7 and chapter 13 bankruptcy filers who could prove extenuating circumstances, are treated as exceptions. Debtors who fall within this exception have a two-year waiting period in cases where four years would normally apply.

Previously, borrowers were ineligible for a new FHA loan for three years after a foreclosure, short sale, or deed in lieu of foreclosure and two years after a Chapter 7 bankruptcy. The FHA reduced the waiting period to one year if you can show you went through a foreclosure, short sale, bankruptcy, or deed in lieu of foreclosure due to an external economic event, like a loss of income or employment. To be eligible, you must prove that you are back on track financially and meeting the following criteria.

  1. You experienced a major economic event such as a job loss or severe reduction in income of 20% for at least six months, which was the main reason you lost your home.
  2. You can demonstrate that you have since fully recovered. To do this, you must show that you are employed and able to afford loan payments once again.
  3. Your credit score was satisfactory before the economic event with no late payments or other major derogatory credit issues.
  4. Your credit score must be satisfactory for the past 12 months.
  5. You must complete a one-hour one-on-one housing counseling session with a HUD-approved housing counseling agency. The counseling must address the cause of the economic event, as well as the actions taken to overcome the economic event and reduce the likelihood of re-occurrence. It must be completed a minimum of 30 days, but no more than 6 months, prior to submitting a loan application to a lender and can be done in person, via telephone, via internet, or other methods approved by HUD.

Under the Fannie Mae guidelines the waiting period for people who find themselves in foreclosure is seven years. This is measured from the date the foreclosure is concluded. The exception provided for in extenuating circumstances is three years. If a mortgage debt was discharged through a bankruptcy, the bankruptcy waiting periods may be applied if the lender obtains the appropriate documentation to verify that the mortgage obligation was discharged in the bankruptcy. Otherwise, the greater of the applicable bankruptcy or foreclosure waiting periods is applied.

For more information about bankruptcy and mortgages, contact a New York bankruptcy lawyer at The Williams Firm P.C. at Toll-Free: (646) 756-2894.  An experienced New York bankruptcy attorney can get you the help you need.