Monday, December 06, 2010

When is Foreclosure Removed from Your Credit Report?

3. Understand what “extenuating circumstances” means in each case:

FHA: An event that was out of the borrower’s control that made a significant impact on the borrower’s finances and led to bankruptcy or foreclosure.


Fannie Mae: A nonrecurring event that’s beyond the borrower’s control that results in a sudden, significant, and prolonged reduction in income or a catastrophic increase in financial obligations.



Freddie Mac: A nonrecurring or isolated circumstance, or set of circumstances, that was beyond the borrower’s control and that significantly reduced income and/or increased expenses and rendered the borrower unable to repay obligations as agreed, resulting in significant adverse or derogatory credit information.





































 FHAFannie MaeFreddie Mac
Foreclosure•3-year wait.
•Reduced wait if borrower has re-established good credit and can show extenuating circumstances.
•7-year wait from the completed foreclosure sale date.
•3-year wait if borrower can show extenuating circumstances (additional underwriting requirements apply for 4 years after 3-year waiting period).
•7-year wait for a second home, investment opportunity, or cash-out refinancing.
•5-year wait from the completed foreclosure sale date.
•3-year wait if borrower can show extenuating circumstances.
Short Sale•No wait if not in default.
•3-year wait if in default at closing of short sale.
•Reduced wait if borrower has re-established good credit and can show extenuating circumstances.
•2-year wait if the borrower puts 20% or more down.
•4-year wait if the borrower puts 10-20% down.
•7-year wait if the borrower puts less than 10% down.
•2-year wait time if borrower can show extenuating circumstances and puts 10% or more down.
•4-year wait.
•2-year wait if borrower can show extenuating circumstances.
Deed in lieu of foreclosure•Same as FHA’s foreclosure policy.•Same as Fannie’s short sale policy.•Same as Freddie’s short sale policy.
BankruptcyChapter 7 (liquidation):
•2-year wait from the discharge date of the bankruptcy.
•1-2 year wait if borrower can show extenuating circumstances.

Chapter 13 (repayment plan):
•1-year wait from the discharge date of the bankruptcy.
Chapter 7 or Chapter 11 (reorganization, usually involving corporations or partnerships):
•4-year wait from the discharge or dismissal date of the bankruptcy.
•2-year wait from the discharge or dismissal date may be accepted if borrower can show extenuating circumstances.
 
Chapter 13:
•2-year wait from the discharge date or 4-year wait  from the dismissal date.
•2-year wait for a dismissal if borrower can show extenuating circumstances.
 
Multiple bankruptcies:
•5-year wait if the borrower has filed more than one bankruptcy petition in the past 7 years.
•3-year wait if borrower can show extenuating circumstances.

Chapter 7 or Chapter 11:
•Same as Fannie’s bankruptcy policy.
 
Chapter 13:
•2-year wait from the discharge date of the bankruptcy.
•2-year wait from the discharge or dismissal date of the bankruptcy if borrower can show extenuating circumstances.

Multiple bankruptcies:
•Same as Fannie Mae’s policy for multiple bankruptcies.



Source: FHA Handbook, Fannie Mae Selling Guide, Freddie Mac Selling Guide

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