Tuesday, August 24, 2010

Credit Impact of Short Sale, Foreclosure & Bankruptcy

Every consumer who is undergoing a short sale, foreclosure or bankruptcy worries about the future ability to obtain credit.   Lines of credit vary, but, for purposes of real estate discussion, the question I will pose on this article is:  “What are the guidelines for a home loan after a short sale, foreclosure or bankruptcy?”

FICO SCORE EXPLAINED

A FICO score is a number representing the credit worthiness of a consumer.  Established by Fair Isaac  Corporation in 1958,  the FICO score is the most used by lenders, though there are other credit scoring systems such as NexGen & VantageScore.  There are three credit reporting agencies namely: Experian, Transunion and Equifax -  at any given time, a consumer will have three different credit scores as these bureaus gather information from different creditors.  Credit agencies sell these information to the lenders, and a FICO score is the measure of a consumer’s probability to pay off a home loan.  The higher the credit score, the better.  

What’s in a FICO score?

Payment history, amounts owed, length of credit history, types of credit & the number of credit inquiries affect the overall FICO score of an individual.  The combination of all these, when factored in, are used by the scoring system to determine the risk of loaning to a consumer.   The following link breaks down the components that go into a FICO score, with payment history accounting for 35% on the overall scoreboard.


BANKRUPTCY & FICO SCORE

Regardless of the type, bankruptcy has a very negative impact, for the whole time that it is showing on your credit report.  From the date of filing, one can expect to have this derogatory remark in the credit report, as follows:
  1. Chapter 7 & 11- up to 10 years
  2. Chapter 13 – up to 7 years


The impact of a bankruptcy filing depends on a consumer’s overall credit profile. Someone who has a high score and spotless credit should expect a huge drop in points. On the other hand, someone who has other negative items on the credit report will have only a modest drop in score.

Bankruptcy filing will usually include more than one account, like a credit card & an auto loan -  it should be noted that the more accounts filed in the BK, the more negative the impact is, on one’s credit.

Credit After a Bankruptcy

How long is the time period after a bankruptcy filing before a consumer can be eligible to obtain credit for a home loan?

Fannie Mae says:  for a Chapter 7 or 11 bankruptcy, is FOUR years from the discharge or dismissal date of the action.  For a Chapter 13 bankruptcy, it is TWO years from the discharge date and FOUR years from the dismissal date.


SHORT SALE, DEED-IN-LIEU, FORECLOSURE  & FICO SCORE

The impact on credit after a short sale or deed-in-lieu of foreclosure, is no better, from a credit score standpoint.  Though these foreclosure alternatives are tools being used by lenders to avoid the costly process of foreclosure, on the credit report, a short sale/DIL shows up as ‘ not paid as agreed,’ and is therefore, still derogatory.


Credit After a Short Sale/ Deed-in-Lieu

How long is the time period after a short sale/preforeclosure has been completed before a consumer can be eligible to obtain credit for a home loan?

Fannie Mae says:  after TWO years from the date of completion of the preforeclosure sale, with consumer required to make a 20% downpayment ( or 80% loan to value); after FOUR years, the consumer is required to make a 10% downpayment ( or 90% loan to value); after SEVEN years, the consumer is limited to the loan to value ratios set forth in the Eligibility Matrix.


Deed-in-lieu, is another foreclosure alternative where a homeowner ‘deeds’ back title to the lender.  Under new HAFA guidelines, a DIL could be included as part of the short sale approval, only to be resorted to if the property does not sell within the time specified in the short sale.

For more information on the HAFA program, click here.

FORECLOSURE & FICO SCORE

Foreclosure hits one’s credit in the same way that bankruptcy does.  However, since foreclosure has only a single item defaulted on (home loan),  the impact is much less, compared to a bankruptcy.  Foreclosure remarks remain on the credit report for SEVEN years, but in as little as TWO years, FICO score begins to rebound, for as long as other obligations and loans are in good standing.


Credit After a Foreclosure

How long is the time period from the date of foreclosure can a consumer can be eligible to obtain credit for a home loan?

Fannie Mae says:  after SEVEN years from the date of the foreclosure sale was completed, except, under extenuating circumstances, a consumer can apply for a home loan after THREE years from the foreclosure sale date.
  • Extenuating circumstances refer to non-recurring events that has led to the consumer to default on the mortgage, such as, divorce, medical / hospitalization, job loss, death in the family, etc. Proper documentation is required to qualify the consumer obtaining a home loan after a foreclosure.
Note however, that lending guidelines for other types of loans such as FHA, VA are different from conventional financing.

Life doesn’t stop after a short sale, foreclosure or bankruptcy.   Planning and keeping a good credit standing after these events will definitely pay off. A second chance at homeownership is not at all impossible!

Sunday, August 8, 2010

Loan Modification, Short Sale, Foreclosure or Bankcruptcy: WHAT IS BEST FOR ME?

Due to the tough economic times, you have stopped paying your mortgage. You start getting these phone calls from your mortgagors, and you ask yourself, "What should I do?". There are a lot of things floating around from friends, neighbors, TV ads, etc but the information are overwhelming. With all these options, you don't have to stick to one, why not try them all?

Loan Modification

The question you need to ask yourself is, "Do I want to keep this house"? If you answer no, then skip this portion and go straight to Short Sales; but if your goal is home retention, you may want to try loan modification.

Loan Modification is when you work with your bank to make a mortgage payment better suited for your budget. It is not necessary to hire an attorney to do your loan modification. I suggest it best that you do it yourself, because if you are already having problems paying your mortgage, you can save thousands by doing loan modification yourself.

The process is, you call your lender, and ask for their loss mitigation team. Most of the time, if you are on time with your mortgage, the loss mitigation team will not even entertain you. Now that you have missed payment, they are more willing to talk. Make sure you document all your phone calls with your bank, and list down who you talked to. They will ask you for some documents, and once that is satisfied and you are a qualified candidate, they may put you on a trial modification.

A successful trial modification will lead to a permanent loan modification, which is fixed for the life of the ‘new’ terms. The mortgage could be a slash in interest rates, a cut in payments for a few years adjustable after a set period, or in rare cases, a discount in the principal amount.

Some drawbacks include having to negotiate with multiple banks if there in your property. It is also concerning that the failure rate on loan modifications is 70%. Which means, if you really would like to keep your home, you have a 30% chance for success. This is worth a try if your goal is to retain and keep your home.
Short Sales

If your loan modification failed or you just want to get rid of the house to solve your problems, then Short Sales should be your next step.

A short sale is where you sell the house less than the amount of the loan. So a house with a loan of $500,000, is put on sale for $300,000 due to market conditions.

You will need to hire a professional realtor who has experience in short sales. The realtor who sold you the house 5 years ago, may not be equipped with the right skills to do a short sale, so do your research diligently.

For the seller, the process of short sales will look like any regular sale. The same guys are there, the banks, escrow, real estate agents, open houses, etc. plus a few complicated additions.

A plus in doing short sales is you don't pay sales commissions to Real Estate agents**. Your Realtor will negotiate their compensation from the mortgagor. Short Sales take a long time to complete, but the new HAFA rules promise to speed up the short sale process. Just like in a regular sale, you can stay in your house until it gets sold. It is possible that your house will get sold and you don't have to spend a penny. A good realtor will negotiate to save you every single dime. You may even qualify for relocation assistance of $ 3,000, under the new HAFA guidelines.

Once your house gets sold in a short sale, your credit will start to cure itself. It is possible to purchase a property within 2 years after a short sale. I am currently representing a buyer-client purchase a new property, after a successful short sale we have completed 13 months ago.

Bankruptcy

A bankruptcy remark may stay in your credit for 10 years, but sometimes it is the inevitable conclusion to solving your problems after exerting loan modification and short sale solutions.

If you are being harassed by creditors, debtors, mortgagors, even a personal friend whom you owe money with, bankruptcy may be an option. You lose your debt, as well as a few friends, but it does give you some peace of mind and start on a clean slate. But with a wrecked credit, you may see a lot of opportunities like low interest rates, pass you by. You will also have to pay a lawyer upfront to do your bankruptcy.

After bankruptcy, it is possible to start buying properties with a loan after 2 years of good credit.  Still, bankruptcy is your best option rather than losing your home due to foreclosure. 

Foreclosure

Foreclosure is when the bank takes possession of your home. The credit impact is negative for seven years. This happens if your short sale failed, no buyers made an offer, or you decided to just ‘walk away’. Doing nothing will bring you to foreclosure and devastate your credit.

These are tough times, and I am very aware of how people’s lives are being affected by the bad economy. But all you need to do is to take charge and start doing something. Inaction will accomplish nothing. Do your loan modification yourself. When that fails, interview several realtors and several lawyers. Remember that they want your business, so when you talk to realtors and lawyers, you are the boss. You hire the person who you think will represent you best. You will be sharing with them the most important details of your life, so choose wisely.

In the challenges that you face in your life today, I wish you good luck. Though time can not be turned back, you can definitely start to find a solution today. Take a step now and claim your path to recovery.


N.B. ** If an agent who claims to be a short sale expert or loan modifier charges you an upfront fee, go the other way! Collecting upfront/advanced fees for loan modification and short sale representation is illegal and is sanctioned by the Department of Real Estate.