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August 23, 2009
New Law
Could Keep Borrowers Waiting
Longer
CHANGES to the Truth in Lending Act that took effect
last month, requiring lenders to provide certain
disclosures about mortgage fees, will undoubtedly
help many borrowers make better-informed loan
choices. But some in the industry think the new
standards could create further delays in an already
slow lending process.
The
regulations mandate a three-day review period for
the loan documents before the loan process can begin
in earnest. And if the interest rate changes even
marginally before the settlement date, a new set of
disclosure documents must be given to borrowers,
restarting the review process.
Don
Romano, the past president of the New York
Association of Mortgage Brokers, said the new
regulation would “add a level of consumer
protection” to the mortgage process. But, he said,
“it takes a lot of flexibility away from the
borrower, in getting to the closing table at the
best time.”
The
disclosure forms have undergone intense scrutiny
since the foreclosure crisis revealed that many
borrowers had little idea how much their mortgage
could cost them in a given month. To address that
issue, Congress last year enacted the new laws
requiring more time for borrowers to read and absorb
the terms of their loan documents.
In
the past, lenders could essentially begin the
loan-underwriting process on the day they took an
application, by charging borrowers fees to pay
property appraisers, among other things. Now they
must wait three days.
In
a different year, perhaps, an additional three-day
delay might not register on the radar of borrowers.
But in the last year, the loan approval process has
slowed considerably.
Lenders
say settling the typical mortgage on a new purchase
takes about 45 days — at least two weeks longer
than last year, before underwriting rules were
severely tightened.
Delays,
meanwhile, can be costly.
Borrowers
can lock in interest rates for as long as 60 days,
and if they run into trouble, they may extend the
“rate lock,” as it is known, for up to three
weeks (down from four weeks a year ago). The cost of
each further one-week rate-lock extension, however,
is one-quarter of a percentage point of the loan
size.
Another
mandatory three-day waiting period can be wedged
into the latter part of the mortgage process if the
annual percentage rate on the loan changes by at
least an eighth of a percentage point.
Lenders
say they have little sense of how frequently this
late-stage delay might happen, because they have
never had to track such incremental shifts in rates.
But
one senior loan officer, who spoke on condition of
anonymity because he was not authorized by his
company to speak publicly about this issue, said
that to be safe from last-minute delays that might
jeopardize the settlement date, he now establishes
an artificial deadline of sorts a week before the
actual closing, to review the final interest rate.
R20;Now
it’s ‘hurry up and wait,’ ” he said.
BORROWERS
can see their interest rates change from the
initially quoted rate for many reasons. If their
credit score was lower than they first thought, or
if they are required to pay mortgage insurance on
the loan because their down payment money ran low,
for instance, the rate can easily rise by more than
one-eighth of a point.
If
a borrower’s settlement date is suddenly in
jeopardy, he or she can apply for an emergency
waiver of the three-day waiting period, but it is
unlikely to be granted, said Paul Anastos, the
president of Mortgage Master Inc., a lender based in
Walpole, Mass., which makes loans in 20 states,
including New York, New Jersey and Connecticut.
R20;In
this regulatory environment,” Mr. Anastos said,
“everybody’s a little skittish when it comes to
breaking away from the law.”
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August 10, 2009
Foreclosure
vs. Short Sale? Why a Short Sale is better!
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Effects
of Foreclosure compared to a Short Sale
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Issue
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Foreclosure
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Successful
Short Sale
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Future Fannie Mae
Loan - Primary Residence
(effective May
21, 2008)
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A
homeowner who loses a home to Foreclosure is ineligible for a
Fannie Mae backed mortgage for a period of 5
years.
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A
homeowner who successfully negotiates and closes a short sale will
be eligible for a Fannie Mae backed mortgage only after 2
years.
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Future Fannie Mae
Loan - Non Primary
(effective May
21, 2008)
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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.
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An
investor who successfully negotiates and closes a short sale will
be eligible for a Fannie Mae backed investment mortgage after only
2
years.
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Future Loan with
any Mortgage Company
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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.
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There
are no similar declarations or question regarding a short sale.
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Credit Score
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Score
may be lowered anywhere from 250
to over 300 points. Typically will affect score
for over 3
years.
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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. A
short sale’s effect can be a brief as 12
to 18 months.
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Credit History
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Foreclosure
will remain as a public record on a person’s credit history for 10
years or more.
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A
Short sale is not
reported on a credit history. There is no specific
reporting item for “short sale” The loan is typically reported
“paid in full, settled”.
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Security
Clearances
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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.
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A
Short Sale on its own does
not challenge most security clearances.
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Current
Employment
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Employers
have the right and are actively and regularly checking the credit
of all employees who are in sensitive positions. A foreclosure in
many cases is ground for immediate reassignment
or termination.
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A
short sale is not reported on a credit report and is therefore not
a challenge to employment.
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Future Employment
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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.
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A
short sale is not reported on a credit report and is therefore not
a challenge to employment.
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Deficiency
Judgment
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In
100%
of foreclosures (except in those states where
there is no deficiency) the bank has the right to pursue a
deficiency judgment.
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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.
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Deficiency
Judgment (amount)
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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.
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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.
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Basic
source material provided by John Perkins, Broker Associate www.HomeSpecial.com
RE/MAX
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August 4, 2009
Regulation
Z is important info for Buyers and Sellers
The
Mortgage Disclosure Improvement Act (MDIA) amendments to
the Truth in Lending Act (TIL) — also known as
Regulation Z — are designed to allow homebuyers
adequate time to review specific information related to
their loan. Important changes that affect the transaction
for Buyers and Sellers include:
·
Initial
TIL disclosure.
A
seven-business-day waiting period is now required between
the delivery of initial disclosures and the signing of
closing documents. This will eliminate the possibility of
closing in less than seven business days unless the
borrower faces a bona fide personal financial
emergency.
·
Up-front
fee collection.
Up-front
fees cannot be charged until after the borrower receives
the initial disclosures. If disclosures are mailed, the
fee is charged the 4th business day after mailing. If
disclosures are hand-delivered, the fee is charged the
same day.
·
Redisclosed
TIL.
If
the interest rate or fees change, causing the APR to
increase by more than 0.125% then a revised TIL must be
sent to the borrower so that the customer receives it no
fewer than three business days prior to closing. Each time
the TIL is redisclosed, the waiting period starts over and
could affect the original closing date. If the rate is in
float status, a redisclosed TIL will not be provided each
time there is an APR increase. Redisclosure should be
sent, if needed, eight business days before the estimated
closing date.
Here
are some additional notes from a lender to one of my
Buyers regarding this new
regulation:
Industry-wide
changes to the current loan disclosure laws are happening!
Please take a moment to familiarize yourself with how this
will impact the timing of
your home purchase. You
should be aware that:
-
Lenders
cannot collect up front appraisal fees without the
borrower first signing and returning their
truth-in-lending documents. This means there
will probably be delays in ordering the appraisal on
purchase transactions (as the
appraisal must be prepaid). Please allow a minimum
17 day appraisal
and loan contingency in your contracts
and please be aware that this may not be long
enough, depending how fast a buyer returns their
signed disclosure documents to their lender.
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Lenders
must obtain almost exact fee estimates from the
title/escrow company up front (day one) in order to
accurately disclose on the truth-in-lending
documents to the borrower. This includes
transaction coordinator fees being charged to the
borrower, as well as any seller credits for closing
costs. Any changes to these fees later in the
escrow will require that we re-disclose to the
borrower. This re-disclosure must be signed
and returned to the lender 3 business days prior to
signing loan docs. This means that last
minute closing cost credits will
potentially delay COE.
-
Any
changes to loan amount, loan program, deciding to
pay points or not, etc will have the same 3 day
re-disclosure requirement. Anything affecting
the APR requires re-disclosure.
As
a Real Estate agent it is important for my Buyer and I to
let the lender know on day one if there
are any seller credits or transaction coordinator fees. REO
transactions
are likely to be the most affected by these new laws
because of the response time
on these deals from lenders/banks.
July 27, 2009
Are you in financial distress and want to save your home
from foreclosure? One of the fastest growing trends is
Loan Modification. There are many Loan Modification
companies that are helping to lower home interest rates to
3-5% but be careful who you talk to. There are only about
30 legal California companies that are currently licensed
to do this work. Lawyers are also allowed to do Loan
Modifications.
Why use a "Loan Modification Specialist" to help
when you can do it yourself by calling the bank direct?
Loan Modification Specialists are exactly that,
specialists. As Loan Brokers, they have set up inside
negotiators that work with banks directly to get your
message through and help reduce your financial hardship.
If you are not already familiar with the difficulty of
working with banks on Loan Modification look up the latest
news reports on this topic and you will find a lot of
frustrated home owners that spend hours on the phone only
to find they get no results. For one thing, many of the
banks state that they are only working with Fannie Mae
loans but not "Portfolio Loans". This is where
the Loan Modification Specialist comes in best as they cut
through a lot of the "Red Tape" to overcome the obstacles.
Are the successful? Yes, in fact some loans have been
reduced to as low as 2% in a few cases.
How does it work? With Loan Modification Specialists you
first fill out a form that allows the Broker to see if you
qualify for a loan modification. If you do, then you
negotiate the upfront fee you pay to have the company work
for you to lower your rate.
Why pay up front? Because this is not a refinance. It is a
Loan Modification. Generally fees range from $2500 at low
up to approximately $6500 depending on the amount of the
loan and the restructuring. If you could lower your
interest rate from 7% down to 3.5% would it be worth a
fee? Absolutely!
If you are or feel you may be heading into a financial
hardship within the next 6 months you may want to start
discussions now on this process. It could save you from
loosing your home. Feel free to call me direct for
information on the process as I am a Loan Modification
Specialist for American Financial Modifications.
John Perkins
July 24, 2009
On the
fence: When is it time to buy? Now! Many others are
already doing it seeing the favorable conditions.
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It’s
a buyer’s market. Price declines over the past year
have made this
the best time
to buy.
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The inventory
of homes for sale gives buyers incredible selection.
The number of homes for sale is
greater than it
has been in 15 years.*
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Real estate continues to
be a great financial investment. The average return on
a five percent down payment over 10 years is
usually three to
five times
greater than stock
market returns.*
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The current favorable market conditions
won’t last long. The latest financial reports show
that prices are beginning to
stabilize and price declines are over.*
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Mortgage rates are near all-time
lows. Capturing these low rates now means your monthly
payments are lower and much more affordable.*
*Information courtesy of the National
Association of REALTORS®.
Buyers are not only just looking but purchasing homes all
over the Bay Area. Why? Because it is still the place that
everyone wants to live and work. If you have a stable job
and a little savings for a home the next 6 months will
likely going to be your best opportunity to find a home
for fair cost and which will reap you the rewards of the
tax breaks and the great feeling of home ownership.
July 22, 2009
Depreciation:
One of Real Estate's Most Powerful Weapons
Investors should be aware of the tax benefits of owning
investment property. Here is one key how smart investors
make money by working the tax system to their advantage. Of
all the benefits of owning investment real estate, one of
the least understood is the benefit of depreciation.
Depreciation is a method for matching the costs of
acquiring property over the property's estimated economic
life.
The IRS requires that most property be depreciated via the
‘straightline’ depreciation method. Using the
straightline method, residential income properties are
depreciated over 27.5 years. Commercial property is
depreciated over 39 years.
Depreciation Calculations
It is important to note that land is not depreciable. In
order to properly calculate depreciation, the value of
land must be excluded. For example, a $1MM duplex with
land worth $300,000 has $700,000 worth of depreciable real
estate.
Using the straightline depreciation method, the annual
depreciation amount is approximately $25,500
($700,000/27.5)
NOTE: The IRS will typically not challenge the
assessment of the land value if it reasonable. A tax
advisor, attorney or real estate agent should be able to
provide guidance for what is reasonable based on the
location and type of land.
Depreciation Benefits
Deprecation is an ‘intangible expense’ that will
reduce the reportable taxable income from the property.
This is good, because the end result is more money in your
pocket and less tax to the IRS. Here’s how it works:
Assume that the yearly rental income from the example
duplex is $36,000. At the end of the year, this will have
to be reported to the IRS. However, the IRS does not tax
the entire $36,000. The taxable income from the property
is calculated as follows:
Rental Income
(Expenses)
(Deprecation)
Taxable Rental Income
If the expenses of operating and managing the duplex are
$5,000 for the year, the taxable rental income is
calculated as follows:
Rental Income
$36,000
(Expenses)
($5,000)
(Deprecation)
($25,500)
Taxable Rental Income
$5,500
NOTE: Please always seek the guidance of a tax
advisor. It may be beneficial for some property owners to
depreciate certain items on the property (fences,
fixtures, etc) at different depreciation schedules, which
is allowed via cost segmentation.
Depreciation Tax
Upon the sale of an investment property, the IRS requires
the payment of a depreciation recapture tax. The tax rate
is currently set at 25%. In the example above, if the
duplex was owned for 10 years, the entire depreciation
taken on the property would amount to $255,000 ($25,500 x
10). The IRS requires a recapture tax on that entire
amount. Hence, the sale of the duplex will result in a
$63,750 deprecation recapture tax (255,000 x 25%). This is
in addition to state and federal capital gains taxes.
The deprecation recapture tax as well as any associated
capital gains taxes can be deferred in full via a 1031
Exchange.
Conclusion
Of all the benefits of owning real estate, depreciation
may be one of the most important. The tax advantage
depreciation offers is powerful. The IRS will always
assume that depreciation is taken and will hold an
investor liable for the deprecation recapture tax – even
if the investor failed to take advantage of the
depreciation. Bottom line: make sure you are taking
advantage of this powerful tool.
The subject matter in this blog is intended as general
information only and not intended as tax or legal advice.
Please always consult your tax or legal advisor for any
specific tax or legal matters. |
When Can I Buy
A Home Again After Foreclosure or Short Sale?
I found this very interesting article on CAR so I am sharing it with
you.
The answer to this question has been very vague until now. Finally here
are some answers to questions so many Californians are asking.
This article helps to clarify what the differences are and where your
credit stands after you have experienced one of these situations. This
information comes directly from the California Association of Realtors
legal department. One of the concerns a consumer has after experiencing a
bankruptcy, foreclosure, or short sale (referred to as a “preforeclosure
sale” by Fannie Mae) is the ability to obtain credit to purchase another
home. Fannie Mae has updated its credit guidelines. This legal article
summarizes those guidelines.
Q 1. How long is the time period after a foreclosure
before a consumer can be eligible to obtain credit to purchase a home?
A Five years from the date the foreclosure sale was
completed.
Additional requirements that apply after 5 years and up to 7 years
following the completion date are as follows:
. The purchase of a principal residence is permitted with a minimum 10
percent down payment and minimum representative credit score of 680.
. Purchase of a second home or investment property is not permitted.
. Limited cash-out refinances are permitted for all occupancy types
pursuant to the eligibility requirements in effect at that time.
. Cash-out refinances are not permitted for any occupancy type.
(Source: FNMA Announcement 08-16, 6-25-08 )
Q 2. Why do the additional requirements for
foreclosures in Question 1 only apply from 5 to 7 years following the
foreclosure completion date?
A According to Fannie Mae policy in Part X, Section 103
of the Selling Guide, Fannie Mae requires only a 7-year history to be
reviewed for all credit and public record information. The 7-year
timeframe also aligns with the information provided by the borrower on the
loan application relative to disclosure of a past foreclosure action.
(Source: FNMA Selling Guide, 4-1-09. )
Q 3. Does a shorter time period apply if the borrower
has “extenuating circumstances” that led to the foreclosure?
A Yes. Three years from the date the foreclosure sale was
completed. The same additional requirements apply as listed in Question 1
except the minimum credit score of 680 is not required. (Source: FNMA
Announcement 08-16, 6-25-08. )
Q 4. What are”extenuating circumstances” ?
A Fannie Mae describes “extenuating circumstances” as
follows:
Extenuating circumstances are nonrecurring events that are beyond the
borrower’s control that result in a sudden, significant, and prolonged
reduction in income or a catastrophic increase in financial obligations.
If a borrower claims that derogatory information is the result of
extenuating circumstances, the lender must substantiate the borrower’s
claim. Examples of documentation that can be used to support extenuating
circumstances include documents that confirm the event (such as a copy of
a divorce decree, medical bills, notice of job layoff, job severance
papers, etc.) and documents that illustrate factors that contributed to
the borrower’s inability to resolve the problems that resulted from the
event (such as a copy of insurance papers or claim settlements, listing
agreements, lease agreements, tax returns (covering the periods prior to,
during, and after a loss of employment), etc.).
The lender must obtain a letter from the borrower explaining the relevance
of the documentation. The letter must support the claims of extenuating
circumstances, confirm the nature of the event that led to the bankruptcy
or foreclosure-related action, and illustrate the borrower had no
reasonable options other than to default on their financial obligations.
(Source: FNMA Selling Guide, 4-1-09 at 391. )
Q 5. How long is the time period after a deed-in-lieu
of foreclosure before a consumer can be eligible to obtain credit to
purchase a property?
A Four years from the date the deed-in-lieu was executed.
Additional requirements that apply after 4 years and up to 7 years
following the completion date are as follows:
. Borrower may purchase a property secured by a principal residence,
second home, or investment property with the greater of 10 percent minimum
down payment ro the minimum down payment required for the transaction.
. Limited-cash-out and cash-out refinance transactions secured by a
principal residence, second home, or investment property are permitted
pursuant to the eligibility requirements in effect at that time.
(Source: FNMA Announcement 08-16, 6-25-08. )
Q 6. Does a shorter time period apply if the borrower
has “extenuating circumstances” that led to the deed-in-lieu of
foreclosure?
A Yes. Two years from the date the deed-in-lieu was
executed. The same additional requirements apply as listed in Question 4
after 2 years up to 7 years. (Source: FNMA Announcement 08-16, 6-25-08. )
See Question 4 for the definition of “extenuating circumstances.”
Q 7. How long is the time period after a
“preforeclosure sale” before a consumer can be eligible to obtain
credit to purchase a property?
A Two years from the completion date. No exceptions are
permitted to the 2-year period due to extenuating circumstances. (Source:
FNMA Announcement 08-16, 6-25-08. )
Q 8. What is a “preforeclosure sale” mentioned in
Question 6 and is that the same as a short sale?
A “A preforeclosure sale involves the sale of the
property by the borrower to a third party for less than the amount owed to
satisfy the delinquent mortgage, as agreed to by the lender, investor, and
mortgage insurer” (Source: FNMA Announcement 08-16, 6-25-08 ).
Although the terms preforeclosure sale and short sale have been used
interchangeably, there is a significant difference for purposes of
obtaining credit. For Fannie Mae purposes, a preforeclosure assumes that
the borrower has been delinquent in paying his or her mortgage and the
lender agrees to accept a lesser amount to avoid the time and expense of a
foreclosure action. A short-sale, however, can also refer to situations in
which the lender of the mortgage agrees to a payoff of a lesser amount
than is actually owed, even on a current mortgage, to facilitate the sale
of the property to a third party. (Source: FNMA Announcement 08-16
Q&A, 8-13-08. )
Q 9. Does a shorter time period apply if the borrower
has “extenuating circumstances” that led to the preforeclosure (short)
sale?
A No. There are no exceptions to the 2-year time period.
(Source: FNMA Announcement 08-16, 6-25-08. )
Q 10. If a borrower sold his or her property as a
short sale but was never delinquent on that mortgage and is now attempting
to purchase a new primary residence, will Fannie Mae purchase the loan?
A The loan will be eligible for delivery to Fannie Mae
provided that the borrower’s previous mortgage history complies with
Fannie Mae’s excessive prior mortgage delinquency policy–that is the
borrower does not have one or more 60-, 90-, 120-, or 150-day
delinquencies reported within the 12 months prior to the credit report
date–and the borrower has not entered into any agreement with the short
sale lender to repay any amounts associated with the short sale, including
a deficiency judgment. (Source: FNMA Announcement 08-16 Q&A, 8-13-08 ;
FNMA Selling Guide, Part X, Chapter 3, Section 302.09. .)
Q 11. Are preforeclosure (short) sales and
deed-in-lieu of foreclosure actions identified on a credit report?
A Preforeclosure sales may be reported as “paid in
full” with a “settled for less than owed” remarks code, and the
mortgage trade line would indicate any recent delinquency. A deed-in-lieu
may be reported by a remarks code indicating a deed-in-lieu. (Source: FNMA
Announcement 08-16 Q&A, 8-13-08. )
Q 12. How long is the time period after a bankruptcy
(all except Chapter 13) before a consumer can be eligible to obtain credit
to purchase a property?
A Four years from the discharge or dismissal date of the
bankruptcy action (Source: FNMA Announcement 08-16, 6-25-08 ).
Q 13. How long is the time period after a Chapter 13
bankruptcy before a consumer can be
eligible to obtain credit to purchase a property?
A Two years from the discharge date and four years from
the dismissal date (Source: FNMA Announcement 08-16, 6-25-08 ).
Q 14. Does a shorter time period apply if the
borrower has “extenuating circumstances” that led to the bankruptcy
(all actions)?
A Yes. Two years from the discharge or dismissal;
however, no exceptions are permitted to the 2-year time period after a
Chapter 13 discharge (Source: FNMA Announcement 08-16, 6-25-08 ).
See Question 4 for the definition of “extenuating circumstances.”
Q 15. How long is the time period after multiple
bankruptcy filings before a consumer can be eligible to obtain credit to
purchase a property?
A Five years from the most recent dismissal or discharge
date for borrowers with more than one bankruptcy filing within the past 7
years (Source: FNMA Announcement 08-16, 6-25-08 ).
Q 16. Does a shorter time period
apply if the borrower has “extenuating circumstances” that led to the
multiple bankruptcies?
A Yes. Three years from the most recent discharge or
dismissal date. The most recent bankruptcy filing must have been the
result of extenuating circumstances. (Source: FNMA Announcement 08-16,
6-25-08. )
See Question 4 for the definition of “extenuating circumstances.”
Q 17. What is the difference between a Chapter 13
bankruptcy and a Chapter 7 bankruptcy?
A Chapter 13 permits a borrower with a regular
income to propose a plan to repay some or all of his or her obligations
over a period of up to five years. A borrower who files a Chapter 7 is
permitted to retain exempt assets and receive a discharge of the
borrower’s debts. Chapter 7 is a relatively quick liquidation process
that is generally completed within 120 days. Chapter 7 cases are rarely
dismissed. (Source: FNMA Announcement 08-16 Q&A, 8-13-08. )
Q 18. What is the difference between a Chapter 13
dismissal and a Chapter 13 discharge?
A A borrower who files a Chapter 13 can dismiss the case
at any time (voluntary dismissal) or the case may be dismissed by the
court based on the borrower’s failure to comply with the requirements of
the Bankruptcy Code or to make the required payments. If the borrower who
files a Chapter 13 case makes all of the payments required by the plan,
the borrower receives a discharge at the end of the plan. A borrower who
doesn’t make all the payment required by the plan may still receive a
discharge if the court finds, among other things, that the borrower made a
certain amount of the payments and the borrower’s failure to make all of
the payments was due to circumstances beyond the borrower’s control.
(Source: FNMA Announcement 08-16 Q&A, 8-13-08. )
Q 19. What are the requirements to re-establish a
credit history?
A After a bankruptcy or foreclosure-related action, a
credit history must meet the following rquirements to be considered
re-established:
. It must meet the requirements for elapsed time (as discussed in this
article.
. It must reflect that all accounts are current as of the date of the
mortgage application.
. it must include a minimum of four credit references. At least one of the
references must be a traditional credit reference, and one of the
references must be housing-related.
A housing-related reference must cover the period following the bankruptcy
discharge or dismissal, foreclosure, or deed-in-lieu, and can be in the
form of mortgage payments or rental payments.
If rental payments were not reported to the credit repositories, the
lender must obtain copies of bank statements, money orders, or canceled
checks for the most recent 12-month period as a supplement to the rent
verification.
. It must reflect three of the four credit references, including rental
housing references, as active in the 24 months preceding the date of the
mortgage application.
. It must include no more than two installment or revolving debt payments
30 days past due in the last 24 months.
. It must include no installment or revolving debt payments 60 or more
days past due since the discharge or dismissal of the bankruptcy or the
completion of the foreclosure-related action.
. It must include no housing debt payments past due since the discharge or
dismissal of the bankruptcy or the completion of the foreclosure-related
action.
. It must include no new public records since the discharge or dismissal
of the bankruptcy or the completion of the foreclosure-related action.
Public records include bankruptcies, foreclosures, deeds-in-lieu,
preforeclosure sales, unpaid judgments or collections, garnishments,
liens, etc.
(Source: FNMA Selling Guide, 4-1-09 at 392. )
Q 20. Where can I get more information?
A This article is just one of the many legal publications
and services offered by C.A.R. to its members. For a complete listing of
C.A.R.’s legal products and services, please visit C.A.R. Online at http://www.car.org/.
Feel free to contact me with any questions or if you are thinking of
selling your home whether it is a pre-foreclosure situation or not.
John Perkins
Realtor
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