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Filed bankruptcy then house is foreclosed on... now I wait even longer?

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JBB529
New Contributor

Re: Filed bankruptcy then house is foreclosed on... now I wait even longer?


@StartingOver10 wrote:

@JBB529 wrote:

Here's the rest of it.

 

05/19/201405/06/201405/06/201405/01/201405/01/201404/28/201404/22/201404/10/201404/02/201404/02/201403/25/201403/18/201403/18/201403/18/201411/19/201311/08/201311/08/201310/28/201310/28/201310/28/201310/17/201310/17/201310/09/201310/04/201310/04/201310/04/2013

  CERTIFICATE OF NO DISBURSEMENT
  JUDICIAL ONLINE SALE  (10:00 AM) (Judicial Officer ONLINE SALE, JUDICIAL)
REC VER
  CERTIFICATE OF SALE
BANK OF AMERICA
  CASE REOPENED
  PLAINTIFF'S MOTION TO CANCEL FORECLOSURE SALE
AND RESCHEDULE
  PUBLISHER'S AFFIDAVIT NOTICE OF SALE
  PUBLISHER'S AFFIDAVIT NOTICE OF SALE
INCORRECT LEGAL
  NOTICE OF SALE
  CORRESPONDENCE TO COURT RE:
PROPOSED ORDER RCVD BY CT 032414
  ORDER RESCHED ONLINE SALE
050614 10:00
  CASE REOPENED
  PLTF/PET'S MOTION TO RESET/RESCHEDULE FORECLOSURE SALE
  EXHIBIT
(A) ORDER GRANTING DISCHARGE OF DEBTOR
  NOTICE OF FILING
ORDER GRANTING DISCHARGE OF DEBTOR
  CANCELED   JUDICIAL ONLINE SALE  (10:00 AM) (Judicial Officer ONLINE SALE, JUDICIAL)
ORDER FROM COURT
REC
  ORDER CANCELLING FORECLOSURE SALE
  CORRESPONDENCE TO COURT RE:
PROPOSED ORDER
  NOTICE OF FILING
CHAPTER 7 BANKRUPTCY PETITION
  PLAINTIFF'S MOTION TO CANCEL FORECLOSURE SALE
  EXHIBIT
(A) UNITED STATES BANKRUPTCY PETITION
  ORDER CANCELLING FORECLOSURE SALE
AND RESET SALE 111913
  CORRESPONDENCE TO COURT RE:
PROPOSED ORDER
  CANCELED   JUDICIAL ONLINE SALE  (10:00 AM) (Judicial Officer ONLINE SALE, JUDICIAL)
OTHER
REC
  CASE REOPENED
  PLAINTIFF'S MOTION TO CANCEL FORECLOSURE SALE
  NOTICE OF SALE

Ok, there is lots of information here, but this is what you need to know.

When you surrender your home in Bk, the lender still has to go through the f/c process to remove the mortgage lien. Some lenders are much, much slower than others. Since you received a Bk discharge with the mortgage debt included in the Bk, you are not responsible for the repayment of the loan personally. The bank can not "update" their reporting of the tradeline. They must report it at IIB and zero balance. Even if the f/c is years later.

 

There have been recent changes to Fannie Mae's policy (not FHAs) for allowing new mortgages using the Bk discharge date rather than the f/c date.  Here is a thread that discusses it in more detail  http://ficoforums.myfico.com/t5/Mortgage-Loans/BIG-changes-to-Fannie-Mae-s-policy-regarding-mortgage...

A lender can totally ignore the changes if they so choose - they can have more strict guidelines than what Fannie allows.

 

FHA will allow a new mortgage 2 years from the Bk discharge date and 3 years from the f/c sale date, whichever is later. There are exceptions for extenuating circumstances (rare and hard to get) and naturally the 1 year Back to Work program, also with difficult to prove criteria. The BTW program is possible, just not probable. There are even people right on this board that have received a new mortgage under the program (check EZ's posts).

 

I would say that you need to correct the TL on your CR first. Then you will need to consult with several lenders to see under which program you best qualify.

 

 


Isn't this basically saying that I'll have to wait 4 years for a fannie mae loan after my BK 7? That would put me a year later than if I obtained an FHA loan. I must be reading it wrong?

Message 11 of 12
Anonymous
Not applicable

Re: Filed bankruptcy then house is foreclosed on... now I wait even longer?

I'm saying unfortunately I have never seen an exception to this rule.
Message 12 of 12
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