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New mortgage approval with 5 year difference between BK and FC?

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Anonymous
Not applicable

New mortgage approval with 5 year difference between BK and FC?

My husband and I are currently in the middle of the home buying experience from HELL, but I won't bore you with those details and just would like some input from others who may have more experience with situations like ours:

 

- Complete Ch 7 BK discharge in November 2009, included the conventional mortgage and voluntary surrender of property that inlaws had convinced my husband to buy for them in his name but had stopped paying in July 2009 (hence the BK)

 

- Due to sheer incompetence on the part of the bank and constant interference with the FC process from my inlaws that wanted to stay living in the house, sale didn't actually occur until December 2014 (my husband did nothing to stall the process himself)

 

- We have been told by one LO that we either have to wait until 4-5 years from FC date for a new FHA loan or 7 years for conventional, and by another that the BK date trumps the FC date since the mortgage was included and not reaffirmed

 

We are hesitant to believe the latter simply because we have been burned so badly in the past with attempts to purchase our dream home only to have this "zombie deed" come back to haunt us, possibly for years to come. Could someone please help us see the light at the end of this tunnel? Smiley Sad

Message 1 of 8
7 REPLIES 7
StartingOver10
Moderator Emerita

Re: New mortgage approval with 5 year difference between BK and FC?


@Anonymous wrote:

My husband and I are currently in the middle of the home buying experience from HELL, but I won't bore you with those details and just would like some input from others who may have more experience with situations like ours:

 

- Complete Ch 7 BK discharge in November 2009, included the conventional mortgage and voluntary surrender of property that inlaws had convinced my husband to buy for them in his name but had stopped paying in July 2009 (hence the BK)

 

- Due to sheer incompetence on the part of the bank and constant interference with the FC process from my inlaws that wanted to stay living in the house, sale didn't actually occur until December 2014 (my husband did nothing to stall the process himself)

 

- We have been told by one LO that we either have to wait until 4-5 years from FC date for a new FHA loan or 7 years for conventional, and by another that the BK date trumps the FC date since the mortgage was included and not reaffirmed

 

We are hesitant to believe the latter simply because we have been burned so badly in the past with attempts to purchase our dream home only to have this "zombie deed" come back to haunt us, possibly for years to come. Could someone please help us see the light at the end of this tunnel? Smiley Sad


^^^The rules changed about a year ago IIRC and the LO that told you the BK trumps the f/c is right Smiley Tongue

Message 2 of 8
Anonymous
Not applicable

Re: New mortgage approval with 5 year difference between BK and FC?

Wow that would be amazing! We will definitely keep working with that LO and hopefully be able to get our dream home finally! We've been so depressed thinking we would have to wait years more, especially now that we are being forced to move from our rental so the owner can sell it...we would love to finally be able to buy our own house and not have to move ever again! Smiley Happy

Message 3 of 8
Anonymous
Not applicable

Re: New mortgage approval with 5 year difference between BK and FC?

So I was wondering if you would be able to tell from our timeline when exactly we would be able to qualify for FHA/conventional? I've read some conflicting information about the waiting periods and now I'm super confused! :/

Message 4 of 8
StartingOver10
Moderator Emerita

Re: New mortgage approval with 5 year difference between BK and FC?

FHA uses a 2 year time line from the bk discharge date.  Your down payment min is 3.5%

 

Fannie Mae uses 4 years from Bk discharge date for a Ch 7 with 10% down payment. If you have a Ch 13 discharge, then Fannie will use 2 years from the discharge date. If your Ch 13 was dismissed (not you I know) than it is 4 years. These changes occurred July 2014.

 

Note:  These time lines do not take into account extenuating circumstances (because most people don't qualify for extenuating circumstances)

 

Message 5 of 8
Anonymous
Not applicable

Re: New mortgage approval with 5 year difference between BK and FC?

So in your opinion then we should be past both waiting periods then and it is just a matter of how much down payment we have to work with for what program we can qualify for?

Message 6 of 8
StartingOver10
Moderator Emerita

Re: New mortgage approval with 5 year difference between BK and FC?


@Anonymous wrote:

So in your opinion then we should be past both waiting periods then and it is just a matter of how much down payment we have to work with for what program we can qualify for?


Yes. Smiley Happy

Message 7 of 8
Anonymous
Not applicable

Re: New mortgage approval with 5 year difference between BK and FC?

Well that would be great then! I just posted the complete explanation of our current situation in another thread here if you want to give me your opinion on what we should do! Smiley Happy I'm just driving myself batty over this long weekend weighing all of our options lol

Message 8 of 8
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