August 17, 2017

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Back to Work: How the new FHA Loan Guidelines Apply to Bankruptcy

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In our last several blog posts we’ve been examining an important new development from the FHA, a program known as Back To Work that allows lenders to work with borrowers who may have negative credit information due to the recession that doesn’t necessarily reflect the ability to pay for an FHA mortgage.

The FHA describes an applicable financial setback as an “economic event” and allows borrowers to be more lenient with credit requirements for qualified borrowers. Back To Work rules were issued in FHA Mortgagee Letter 2013-26, which says “FHA is allowing for the consideration of borrowers who have experienced an Economic Event and can document that:

  • certain credit impairments were the result of a Loss of Employment or a significant loss of Household Income beyond the borrower’s control;
  • the borrower has demonstrated full recovery from the event; and,
  • the borrower has completed housing counseling.”

Many potential FHA borrowers want to know how the Back To Work rules might affect those with Chapter 7 or Chapter 13 bankruptcies. The FHA has made specific mention of such circumstances and has this to say on the subject:

“The lender must first analyze and document (1) all delinquent accounts and (2) all indications of derogatory credit, including collections and judgments, bankruptcies, foreclosures, deeds-in-lieu, short sales, and other credit problems, to determine whether associated late payment, credit deficiencies or other credit problems were the result of an Economic Event, or an inability to manage debt or a general disregard for managing financial obligations.”

Additionally, “To establish that borrower’s derogatory credit was the result of an Economic Event, the lender must review the credit report and determine that:

  • the borrower exhibited Satisfactory Credit prior to the Economic Event Onset;
  • the borrower’s derogatory credit occurred after the Economic Event Onset, and
  • the borrower has re-established Satisfactory Credit for a minimum of twelve (12) months.”

What other rules apply for those who have filed bankruptcy? According to FHA Mortgagee Letter 2013-26:

D. Economic Event-Related Chapter 7 Bankruptcy

The lender must verify and document that:

  • a minimum of twelve (12) months have elapsed since the date of discharge of the bankruptcy; and
  • the bankruptcy was the result of the Economic Event.

E. Economic Event-Related Chapter 13 Bankruptcy

The lender must verify and document that:

  • the Chapter 13 Bankruptcy was discharged prior to loan application and all required bankruptcy payments were made on-time, or a minimum of twelve (12) months of the pay-out period under the bankruptcy has elapsed and all required bankruptcy payments were made on time; and
  • the bankruptcy was the result of the Economic Event. If the Chapter 13 Bankruptcy was not discharged prior to loan application, the lender must also verify and document that the borrower has received written permission from the Bankruptcy Court to enter into the subject mortgage transaction.”

Do you have questions about FHA loans? Ask us in the comments section.

About FHANewsBlog.com
FHANewsBlog.com was launched in 2010 by seasoned mortgage professionals wanting to educate homebuyers about the guidelines for FHA insured mortgage loans. Popular FHA topics include credit requirements, FHA loan limits, mortgage insurance premiums, closing costs and many more. The authors have written thousands of blogs specific to FHA mortgages and the site has substantially increased readership over the years and has become known for its “FHA News and Views”.

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