(Updated 5/2/2012) Many financially distressed homeowners who are facing foreclosure and considering a deed-in-lieu of foreclosure, short sale or even bankruptcy have asked me how long they will need to wait to buy a home after foreclosure, short sale or bankruptcy. Since the answers are found in multiple places, I decided to compile a complete list and cross reference them for accuracy. In order to accomplish that task and compile the Waiting Periods to Buy a Home After Foreclosure, Deed-in-Lieu, Short Sale and Bankruptcy below, I utilized the following sources:
- HUD 4155.1 Mortgage Credit Analysis for Mortgage Insurance
- VA CREDIT ISSUES: Credit Problems and VA Loans
- Fannie Mae DU User’s Guide for VA Loans 5-2008
- Fannie Mae Selling Guide 1-27-2011
- Freddie Mac Underwriting Reminders for Loan Prospector: Caution Risk Class Mortgages
- Effects of a Loan Modification, Short Sale, Foreclosure, Bankruptcy and Walking Away/Doing Nothing on Credit Scores
- Waiting Periods on Bankruptcy, Foreclosure and Short Sales
- Buying A Home After Foreclosure or Short Sale | Wait Time To Buy Again After Short Sale
- Foreclosure - 3 years from the date foreclosure completed and property transferred back to the bank. Less than 2 years, but not less than 12 months from the date foreclosure completed and property transferred back to the bank may be possible with acceptable "extenuating circumstances".
- Deed-in Lieu - Same as Foreclosure.
- Short Sale - 3 years from the date sale closed and transferred to the new owner. No waiting period if seller/borrower had no late payments on any mortgages and consumer debts within the 12 month period preceding the short sale AND seller/borrower was not taking advantage of declining market conditions.
- Bankruptcy (Chapter 7) - 2 years from date of bankruptcy discharge with re-established credit paid as agreed or no new credit obligations incurred. Less than 2 years, but not less than 12 months from the date of bankruptcy discharge may be possible with acceptable "extenuating circumstances" AND borrower has since exhibited a documented ability to manage financial affairs in a responsible manner.
- Bankruptcy (Chapter 13) - 1 year from the start date of the bankruptcy re-payment period has elapsed and the borrower's payment performance has been satisfactory and all required payments made on time.
- Foreclosure - 2 years from the date foreclosure completed and property transferred back to the bank. Less than 2 years, but not less than 12 months from the date foreclosure completed and property transferred back to the bank may be possible if credit re-established and paid as agreed and with acceptable "extenuating circumstances".
- Deed-in Lieu - Same as Foreclosure.
- Short Sale - 2 years from the date sale closed and transferred to the new owner. No waiting period if seller/borrower had no late payments on any mortgages and consumer debts within the 12 month period preceding the short sale AND seller/borrower was not taking advantage of declining market conditions.
- Bankruptcy (Chapter 7) - 2 years from date of bankruptcy discharge. Less than 2 years, but not less than 12 months from the date of bankruptcy discharge may be possible if credit re-established and paid as agreed and with acceptable "extenuating circumstances".
- Bankruptcy (Chapter 13) - 1 year from the start date of the bankruptcy re-payment period has elapsed and the borrower's payment performance has been satisfactory and all required payments made on time.
- Foreclosure - 3 years from the date foreclosure completed and property transferred back to the bank. Less than 3 years from the date foreclosure completed and property transferred back to the bank may be possible with acceptable "extenuating circumstances".
- Deed-in Lieu - Same as Foreclosure.
- Short Sale - Same as Foreclosure.
- Bankruptcy (Chapter 7 or 11) - 3 years from date of bankruptcy discharge. Less than 3 years from the date of bankruptcy discharge may be possible with acceptable "extenuating circumstances".
- Bankruptcy (Chapter 13) - 1 year from date repayment was completed and bankruptcy discharge. Less than 1 year from the date of bankruptcy discharge may be possible with acceptable "extenuating circumstances".
- Foreclosure - 7 years from the date foreclosure completed and property transferred back to the bank if there are no acceptable "extenuating circumstances". 3 years from the date foreclosure completed and property transferred back to the bank with acceptable "extenuating circumstances" AND at least 10% Down Payment. Primary home purchase and rate/term refinance only (non-owner occupied and second homes not allowed).
- Deed-in Lieu - 7 years from the date sale closed and transferred to the new owner or foreclosure completed and property transferred back to the bank with less than 10% Down Payment. 4 years from the date sale closed and transferred to the new owner or foreclosure completed and property transferred back to the bank with 10% Down Payment. 2 years from the date sale closed and transferred to the new owner or foreclosure completed and property transferred back to the bank with 20% Down Payment. 2 years from the date sale closed and transferred to the new owner or foreclosure completed and property transferred back to the bank with 10% Down Payment and acceptable "extenuating circumstances".
- Short Sale - Same as Deed-in Lieu.
- Bankruptcy (Chapter 7 or 11) - 4 years from date of bankruptcy discharge. 2 years from the date of bankruptcy discharge may be possible with acceptable "extenuating circumstances".
- Bankruptcy (Chapter 13) - 2 years from date of bankruptcy discharge. 4 years from date of bankruptcy dismissal.
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Jim McCormack is a Nashville Real Estate Broker who provides Expert Real Estate Solutions for for Nashville, Brentwood, Franklin, Nolensville, Spring Hill, Thompson’s Station, Murfreesboro, Smyrna, LaVergne (La Vergne), Antioch, Columbia, Mt. Juliet (Mount Juliet), Springfield, Gallatin, Hermitage, Hendersonville, Clarksville and Middle Tennessee (Davidson, Maury, Montgomery, Robertson, Rutherford, Sumner, Williamson and Wilson Counties) Homeowners and Real Estate Investors Facing Foreclosure and Needing to Short Sell Their Homes and/or Investment Properties. Jim Specializes in Short Sales and Foreclosures and Providing Sellers Short Sale Help and Foreclosure Help. Jim's Help is Free to Nashville TN Short Sale Sellers. Jim Helps Sellers Stop Bank and Mortgage Foreclosure with a Short Sale, or a Fast Cash Offer. Avoid Foreclosure by Working Directly with a Nashville Tennessee Real Estate Expert and Investor who is Uniquely Skilled, Honest, Compassionate, Caring and Exceptionally responsive to the needs of his clients. Jim Encourages You to See What His Clients Say About Him. For Buyers, Jim understands the Various Nashville Tennessee Housing and Investment Real Estate Markets Extremely Well and is Particularly Skilled at Assisting Buyers with Determining the Market Values of Homes and Investment Properties. Due to that Real Estate Valuation Expertise, Jim can Help Nashville Home and Investment Property Buyers Get Fantastic Deals on Their Nashville Area Real Estate Purchases.