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Foreclosure vs. Short Sale Homeowner Consequences

Foreclosure vs. Short Sale Homeowner Consequences

Note: The information provided is for informational purposes. No legal advice is given or implied. Please check with a qualified attorney in your area.Our team has specialized training on helping homeowners who may be facing foreclosure.

 

Please contact us today for a no cost confidential consultation. 

 

Issue

Foreclosure

Successful Short Sale

Future Fannie Mae Loan – Primary Residence
(effective May 21, 2008)

A homeowner who loses a home to Foreclosure is ineligible for a Fannie Mae backed mortgage for a period of 5 years.

A homeowner who successfully negotiates and closes a short sale will be eligible for a  Fannie Mae backed mortgage after only 2 years.

Future Fannie Mae Loan – Non Primary
(effective May 21, 2008)

An Investor who allows a property to go to Foreclosure is ineligible for a Fannie Mae backed investment mortgage for a period of 7 years.

An investor who successfully negotiates and closes a short sale will be eligible for a  Fannie Mae backed investment mortgage after only 2 years.

Future Loan with any Mortgage Company

On any future 1003 application, a prospective borrower will have to answer YES to question C in Section VIII of the standard 1003 that asks “Have you had property foreclosed upon or given title or deed in lieu thereof in the last 7 years?” this will affect future rates.

There is no similar declaration or question regarding a short sale.

Credit Score

Score may be lowered anywhere from 250 to over 300 points.  Typically will affect score for over 3 years.

In some cases only late payments on mortgage will show and after sale mortgage will be reported as paid or negotiated. This will lower the score as little as 50 points if all other payments are being made. In some states default can be reported as a foreclosures however the time a short sale instead of a foreclosure will affect a borrow is much less. A short sale’s affect can be a brief as 12 to 18 months.

Credit History

Foreclosure will remain as a public record on a person’s credit history for 10 years or more.

A Short Sale is not reported on a persons credit history. There is no specific reporting item for ‘short sale’. In most cases a loan is typically reported ‘paid in full, settled’ or ‘paid as negotiated’.

Security Clearances

Foreclosure is the most challenging issue against a security clearance outside of a conviction of a serious misdemeanor or felony. If a client has a foreclosure and is a police officer, in the military, in the CIA, Security, or any other position that requires a security clearance in almost all cases clearance will be revoked and position will be terminated.

A Short Sale on its own does not challenge most security clearances.

Current Employment

Employers have the right and are actively checking the credit regularly of all employees who are in sensitive positions. A foreclosure in many cases is ground for immediate reassignment or termination.

A short sale is not reported on a credit report and is therefore not a challenge to employment.

Future Employment

Many employers are requiring credit checks on all job applicants. A foreclosure is one of the most detrimental credit items an applicant can have and in most cases will challenge employment.

A short sale is not reported on a credit report and is therefore not a challenge to employment.

Deficiency Judgment

In 100% of foreclosures (except in those states where there is no deficiency) the bank has the right to pursue a deficiency judgment.

In some successful short sales it is possible to convince the lender to give up the right to pursuit a deficiency judgment against the homeowner.

Deficiency Judgment (amount)

In a foreclosure the home will have to go through an REO process if it does not sell at auction. In most cases this will result in a lower sales price and longer time to sale in a declining market. This will result in a higher possible deficiency judgment.

In a properly managed short sale the home is sold at a price that should be close to market value and in almost all cases will be better than an REO sale resulting in a lower deficiency.

The downturn in the real estate market!

The downturn in the real estate market has significantly impacted borrower credit and caused investors to change guidelines in order to address borrower qualification. Please refer to the guidelines below when dealing with BK’s, foreclosures and short sales.

Conventional Loans

· Chapter 7 BK – 4 year waiting period from the discharge/dismissal date

· Chapter 13 BK – 2 year waiting period from the discharge date or 4 years from the dismissal date

· Multiple BK’s – If there are multiple BK’s within a 7 year period, the waiting period is 5 years from the most recent discharge/dismissal date

· Foreclosure – 7 year waiting period from the completion date

· Deed-In-Lieu/Pre-Foreclosure Sale (Short Sale) – Minimum 2 year waiting period with LTV restrictions

  • Two years – 80% max LTV

  • Four years – 90% max LTV

  • Seven years – No restrictions

FHA/VA Loans

· Chapter 7 BK – 2 year waiting period from the discharge/dismissal date

· Chapter 13 BK – 1 year of the payout must have elapsed and the borrower’s performance must have been paid as agreed. Document that the borrower’s current situation is not likely to recur. The court must grant permission to the borrower to enter into a mortgage transaction.

· Foreclosure/Pre-Foreclosure/Short Sale – 3 year waiting period, no LTV restrictions

· VA Loans ONLY – 2 year waiting period for Foreclosures

 

Borrowers must exhibit satisfactory re-established credit for all loan types. Extenuating circumstances may reduce the wait period; please contact the underwriting scenario desk for specific questions.