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19Sep/110

Can I Get a Mortgage After a Bankruptcy?

Yes. No. Maybe. It depends.

You can guess that in this day and age there are far more bankruptcies we must contend with as lenders than in times past. It used to be that maybe 1 out of 50 applicants had filed bankruptcy but it is now closer to 1 in 10. Some days it is 1 in 1 – like today. Fortunately for you this has inspired a post so if you are in this situation and found this article by searching on the terms “how does bankruptcy affect my ability to borrow” or “can I get a home loan after bankruptcy” this should help. Please keep in mind that lending guidelines change regularly and, unless otherwise noted, this is information for conventional home loans in September of 2011. Call me or contact me for updated information or more specific answers.

Borrowing may be possible depending on a few things:

  • How long since the discharge date
  • What caused the bankruptcy – financial mismanagement or extenuating circumstances
  • No negative credit impact since the discharge date
  • Was there a foreclosure/short sale/deed in lieu in the bankruptcy
  • What type of loan are you applying for (conventional, government, non-conventional)
  • What Loan To Value (LTV) are you seeking

If you are looking for an FHA loan with 3.5% down and it has been three years since your foreclosure and you have not had any negative events on your credit and you otherwise qualify you should be able to achieve financing without further factors. Fannie Mae wants to know what happened to cause the bankruptcy and they want you to have waited 48 months from the discharge date for both 7 and 13.

While FHA will allow 3 years from foreclosure FNMA is stricter and looks for 5 to 7 years and still needs a minimum of 10% down and can be used for primary residence only.

Image: Salvatore Vuono / FreeDigitalPhotos.net

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23Jul/100

Four sins of mortgage qualification

Mortgage debt
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Soon will come the day in the lives of most readers when purchasing a new home will be a desire realized or a necessity placed on them by the demands of life. Even those who already own a home may be faced with the decision or necessity to refinance a current home loan. Sadly most home buyers and owners plan more for their next vacation or even a family picnic than they do an upcoming mortgage.

Mortgage planning really is a science because it is based on numbers instead of emotions. While the buying process itself may be driven by more than numbers the actual financing of that property, or even the decision to purchase with cash, is primarily a series of numeric calculations. As such there are ways for anyone to plan for their next mortgage in order to receive the best possible rate and terms available.

The four sins

Negative impacts on the applicant’s ability to borrow loans are not always of their own doing yet some are. Clearing one’s history of these three sins, if they exist, will greatly improve their likelihood of not only being approved for a home mortgage but getting the best rate and terms.

1May/100

How long do real estate closings take?

Sounds easy to ask, doesn’t it? “When can we close?”

Sure, everyone would like to hear, “Oh, just whenever you’re ready!”

The truth? Whether you are a real estate investor looking for a mortgage for acquisition, rehab or construction or you are a homeowner just looking to purchase a home there are a couple of points you need to be aware of when it comes to closing speed and dates for any mortgage loan.

Closings are not demandable even by your real estate agent – a common fallicy among inexperienced agents. Many moving parts are involved in closing on a purchase or a refinance. Pay special attention to the list of items at the end of this article which can cause delays. Take special note to how many of those are under your control or within the control of the lender/broker. The person who will actually be making the final scheduling of your closing will be the lender who will pass that information to the processor who will pass it to the attorney. Real estate agents do not control or have the ability to affect closing dates and times (although some want to force the issue around their schedule it’s actually up to the lender first and you second – I don’t care when you close so long as you close!)

Here is an average sampling of how this works. You’ve already called us and been prequalified – since you know that’s the correct order of things – and now you’re shopping and you’ve found a house.

1. We know the most often required documents so we gather those from you ahead of time.
2. You make an offer on a house.
3. A couple of days later that offer is accepted.
4. Generally, the offer is going to show a closing date 30 days from the day the offer was made. Not from the day it was accepted.
5. You tell us the offer was accepted so we start “start the ball rolling”.
6. An appraisal must be done and this requires an executed sales contract. Sometimes we get that in our office right away, sometimes – for one reason or another – it is delayed. Appraisals take 2 days to a week as a general rule.
7. While we’re waiting on the appraisal we’ll “update your docs” which means we’ll ask for current pay stubs, bank statements, and any other documentation to prove income and assets. If you get those back to us right away there’s no delay. If you drag your feet – there is a delay!
8. We’ll need insurance documentation – this is entirely dependent on the co-operation of your insurance company. As I am writing this our processing department is “having fits” with an insurance company who has held up a closing for over 5 days while we wait on proper documentation. That’s rare, most insurance companies are prompt and professional.
9. Once we have all the required documentation we send the “package” to the underwriter. Underwriting can take as little as one hour and as much as several days. The deciding factor is underwriter workload.
10. The underwriter may ask for additional documentation. If they do you can (a) argue with the processor about having to provide it and end up sending it anyway or (b) get it back in as quickly as possible.
11. Once the underwriter has issued a “Clear To Close” with no further conditions you’re good to go.

Average closing time from application to close? About 14 days industry wide. It can happen in as little as 48 hours but that is rare [edit: since this article was originally published in 2006 new federal regulations have been passed requiring a minimum of 3 business days for the borrower to contemplate the mortgage offer before the lender can proceed which adds a little time to closing].

Lenders and brokers who advertise 24 hour closings are omitting the first 10 steps from above. NOBODY can close a purchase loan in 24 hours from the time your offer was accepted.

Delays in closing can be caused by many things. More often than not delays are caused by one or more of the following:

1. Fully executed contract delayed. This happens more often on foreclosures where the seller is a bank and it takes them a few days to sign the contract and return it.
2. Appraisal coming back with a value lower than the sales price. Very rare but it has happened.
3. Appraisal coming back with “subject to repair” comments which exceed those allowable by the lender.
4. Lack of co-operation from the insurance company. Loss-Payee Clauses are requested in writing and are generally returned within 24 hours. Anything longer is considered a delay.
5. Lack of co-operation from current mortgage company in returning pay-offs or Verification of Mortgage (VOM).
6. Lack of co-operation from employer in returning Verification of Employment (VOE).
7. Income and/or assets on application used for pre-qualification being overstated and not supportable by documentation.
8. Borrower’s earnest money check not being deposited into the Real Estate Broker’s escrow account.
9. Problems with the title to the property – discovery of liens or multiple title changes in short succession.

These are just a few “hiccups” that are fairly commonplace on my side of the desk. The most important thing to remember is that the staff at your mortgage broker or lender is working for you. They don’t get paid unless and until your loan closes. So guess what? That’s right! They really want your loan to close.

It takes dozens, often hundreds, of man-hours to take a loan from application to closing. There are many people involved in the process that you never know exist. Some of them work on commission and only get paid if your loan closes. Others are on salary and of that group some just don’t care.

Most broker’s are very committed to you. I can speak for my own staff and say they definitely take it personally … the good and the bad.

Ken Cook – Georgia – FHA, USDA, VA and Conventional Home Loans (678) 439-8683 NMLS ID 208452 – Originally published in Active Rain on July 24, 2006.

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8Apr/100

Buying short sales with FHA loans

LAS VEGAS - MARCH 21:  Prospective buyers look...
Image by Getty Images via Daylife

With thousands of new homes entering the foreclosure process every month in each market area the question arises ever more frequently, “Can I use an FHA loan to purchase a short sale property?”

For the readers not familiar with short sales let us first define the term as it applies to real estate. As “short sale” on real estate is when the existing lien holder(s) agree to accept a lower amount than is currently owed on the existing loan(s).

If you need an example suppose the home owner has only one mortgage for $350,000 (existing payoff) on a home. Perhaps that home is currently valued only at $275,000. The home owner cannot refinance, the lender has failed to modify and foreclosure is looming so the lender agrees to accept a sales price equal to the current appraised value even though it is a full $75,000 lower than (short of) the payoff.

Answering the question, “can an FHA loan be used to purchase a short sale”, really is too simple. The answer is “yes” provided the property and transaction fall within FHA insurance guidelines. Remember FHA has maximum loan amounts, guidelines for property type and guidelines for property use.

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24Nov/080

Fannie Mae Calling a Halt On Foreclosure Sales

In connection with the streamlined modification program announced jointly by the Federal Housing Finance Agency (FHFA), Freddie Mac, and Fannie Mae on November 11, 2008, Fannie Mae is instituting a halt to all foreclosure sales on occupied single-family properties as well as to the completion of evictions from occupied single-family properties scheduled to occur from November 26, 2008 through January 9, 2009. Servicers and foreclosure attorneys (or trustees) must institute the halt on foreclosures for eligible homeowners no later than November 26, 2008.” – AllRegs

One major impact this could have on the market is to show a markedly lower number of foreclosure filings during the next few weeks. This could even spur a small recovery in areas most primed to rebound -time and numbers, only, will tell.

If you have any questions about this and you are NOT facing foreclosure and you are in our service area of Georgia or Florida feel free to contact me at 678-946-0100

19Nov/080

Beware of Foreclosure Rescue Scams!

For several months I have been advertising, for lack of a better set of terms, on Craigslist and other sites warning people to avoid foreclosure rescue scams by dealing only with licensed lenders or attorneys and on the rare ocassion someone who has years of experience negotiating foreclosure and pre-foreclosure transactions.

Here is an articl from Memphis Tennessee’s WSMV NBC channel 4 news and this story could have come from anywhere:

http://www.wsmv.com/money/18012111/detail.html?rss=nash&psp=news#-

11Jan/070

(Un)Fair Lending Acts And Your Loss of Rights (Also Called Predatory Lending Laws)

Back in 2001 we changed directions. Originally we had been known as “Home of the American Dream“. We enjoyed our reign as champion of purchases for homebuyers who could not find an affordable loan for which they could qualify. Following the challenge by President Bush to put 10,000,000 new families in homes by the end of the decade through providing lower closing cost, lower interest rate loans with down payment assistance our advertisement had our phone rang “off the hook”.

Then came the “Georgia Fair Lending Act” designed to protect the ignorant borrower from the unethical lender. We were forced to end the American Dream program because “the act” (a) limited our number of resources from which we could obtain financing for lower end borrowers because many lenders ceased operating in Georgia and (b) made it impractical to do so much work for such a limited amount of income potential. We never wanted to make more than a bare operating cost on any deal but the GaFLA, as it is called, made it so that if the loan wasn’t at least $125,000 or more you couldn’t make just the bare minimum needed to survive and operate as a business which is now required to pay minimum wage to every employee whether commissioned or not (Fair Wage and Labor? Ha!), provide advertising to the public so the public could hear about our programs and our employees could close more loans, provide health benefits for our employees (VERY pricey), and provide FREE educational opportunities to our clients and prospects.

So we pretty much quit doing what we considered our mission work. We do not advertise this service any longer and have not for nearly 4 years. If you are “poor” (less than $50,000 annual household income) and you want to buy a home in Georgia for under about $125,000 – you can still call us but we will not be as anxious and pleased to help you as we would have in 2002. Your past governer, a litigating finance attorney by the name of Roy Barnes (http://www.barneslawgroup.com/) and a college history professor by the name of Vincent Fort , have made you an undesirable. Where we were once very happy and anxious to help you we no longer are able to freely do so because of something called the Georgia Fair Lending Act. Why did Roy Barnes want the act? I just told you – he is a litigating finance attorney.

It is not that we wish to charge excessively for our services to those in dire need. In fact, quite the contrary. In a time when some banks and lenders were charging 2 and 3 percent origination fees and making 5 to 10 percent yield spread or service release premiums we were charging maybe 1 origination point and making 1.5 in YSP. On an $80,000 loan that translates into 1,600 to 2,000 total for doing MORE work than we would on many $500,000 loans where the borrower has perfect credit, detailed book-keeping records and plenty of assets and income where we may make $5000 or more for more liability but less work.

We in the lending industry are painfully aware that the general population is clueless about the hours of stressful effort we burn and the amount of liability we carry to get every loan to closing. That does not, however, provide an excuse not to try and comprehend that it takes more effort to “do a loan” for someone who has poor credit, no bookkeeping or record keeping skills, patchy employment, bad payment history, etc. It is harder and more exhaustive of resources to fund little loans for risky borrowers than big loans for stable borrowers.

So, in the end, instead of government regulations helping “the little guys” what happens is the little guys just no longer get to play. Virtually every time “the government” gets involved in business you can bet the effect is going to be a net negative. So if your state is thinking of instituting a “fair” lending act you had better fight it tooth and nail.

Additionally it may behoove you to note that in North Carolina you can not refinance your home just because you want to or just because you need some cash out. Nope. You have to please the state before you can refinance your property. YOUR property. YOUR loan. YOUR wealth or asset management plan. You must have the North Carolina Government’s “stamp of approval”. Perhaps the most liberal (instead of providing you with the most conservative to prove my point) report which still proves the point by raw data, not necessarily commentary, is located at http://www.fanniemaefoundation.org/programs/hpd/pdf/hpd_1503_Quercia.pdf

Those hundreds of honest brokers are precisely why it

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