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Anyone out there get a USDA guaranteed loan while still living in a house IIB?

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sunnysideup
Established Member

Anyone out there get a USDA guaranteed loan while still living in a house IIB?

I know this is a rare situation, and I have read before on other forums that some people are having luck - particularly with USDA.  Here is our story (and I apologize, if it sounds like a broken record because I have asked this question on other forums).  We filed bk7 in 2005 before the laws changed, and we were discharged in Feb. 2006.  We had two houses - our primary and a rental.  The rental was immediately foreclosed on.  The primary residence had two loans - a first and second mortgage.  The second mortgage reaffirmed, but the first refused.  They did not foreclose because of the second and they agreed to let us stay as long as we made payments.  A few years after that, we settled for less than we owed with the second.  Then, about two years ago, we hit a temporary rough patch (dh's hours were cut for two months) and when we asked the first mortgage company for help, they suggested not to make the payments for two months so we could qualify for HAMP.  We did this, but they immediately filed for foreclosure.  We responded to the court documents, and the judge threw out the foreclosure because the bank did not respond.  This happened a couple of times.  We spoke to a few people at the USDA, and they determined that we could qualify for a new loan because our bk7 was almost 6 years+ old, and since we were just in pre-foreclosure, they would only look at the length of time for the bk7.  The loan would only be in dh's name since my credit is not good right now and I don't have a job.  They even found a lender who had no overlays, and an investor who was willing to buy the loan even with our complications.  Dh's midscore was around 650.  We got a preapproval, but couldn't find an appropriate property.  We renewed our preapproval a couple of times over 7 months, and then our lender said the USDA laws had changed and we were required to have the primary residence out of dh's name.  So, we had a quit claim filed, and then they said our state had dower/curtsey rights, so we revised the quit claim to include those.  The USDA office said it would accept that, but the lender's underwriter felt it was not sufficient.  Then, the lender's underwriter felt we needed to have more cash reserves - at least 6 months worth.  These were not requirements they had for us the first couple of preapprovals, but were new.  USDA doesn't require cash reserves.  So, the next step was that the lender sends us a letter saying we are denied, and he calls us and says there is nothing more they can do for us.  Supposedly, up until that point, we had a preapproval through GUS, but the lender never sent anything to USDA - he didn't even have his underwriters look at us until after a couple of preapprovals.  The whole time we were trying to find a house, he kept telling us there wouldn't be a problem.  Then when we found a house, he tells us he can't help us.  We are so frustrated, and the house we are trying to buy is going to be listed on the market this week. 

 

I'm just wondering if there is any hope.  Has anyone out there been living in a house that was IIB and still got a USDA guaranteed loan??  If so, can you tell me your story?  I'm waiting to hear back from someone at the USDA office in Washington, and several other lenders, but it's so frustrating knowing we finally found a house and might lose it because of the lender changing their mind.  Smiley Sad

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sugspc1
Established Member

Re: Anyone out there get a USDA guaranteed loan while still living in a house IIB?

I'm sorry to hear about your home.  USDA will only allow 1 home if it is inadquate or you are 50 miles away commuting distance.  It that home completely foreclosed on and how long ago was that?  did the quick claim go through? You need to find a lender that is willing to work with you and knows about USDA.  Not even our LO knew everything. I had to help him along with way with USDA guidelines. I provided a link for you to see where you stand in regards to USDA. You have to first get past the lenders qualifications before even touching USDA. The lender has to follow along the lines of them but they can approve or deny the loan. USDA Guarenteed program only backs the loan. The direct program is a direct loan from USDA and not from the bank. But they have limited funds and have a lower income guidelines. 

 

https://usdalinc.sc.egov.usda.gov/docs/rd/sfh/loanorigination/UW_Loan_Closing_Matrix_Document.pdf

 

 

Per USDA Guidelines

 

If an applicant has a real estate mortgage discharged in a Chapter 7 bankruptcy, but
the lender has yet to conclude their foreclosure action, the applicant is still in
ownership of this property. The title must be quit claimed to the lender in order to
relieve the applicant from ownership of the property, as well as remove
responsibility for real estate taxes and homeowner association dues. Until the title
is transferred out of the applicant’s name, they may not meet the requirements of
Section 1980.346(a) in order to be eligible for a guaranteed loan.

~Jennifer~

Score Avg 651

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