Fannie Mae Lowered Bankruptcy Waiting Period To 2 Years (2024)

Editor's note: Fannie Mae instituted these changes in July 2014 and they are still in effect. The Mortgage Reports periodically re-verifies mortgage guidelines and republishes the article accordingly. The above publish date indicates the date of the last verification. For more information on the guideline, see the 2024 Fannie Mae Single Family Selling Guide section B3-5.3-07.

Mandatory waiting period reduced to 2 years as of July 2014

It’s getting easier to get approved for a mortgage.

Following a similar change with loans, mortgage-backer Fannie Mae has reduced the mandatory waiting period to make a mortgage application after a bankruptcy, short sale, or pre-foreclosure.

Borrowers no longer must wait 4 years before re-applying to get a mortgage.

Borrowers can now re-apply for a loan just two years after a bankruptcy, short sale, or pre-foreclosure. This matches FHA’s lenient minimum and a major improvement for conventional mortgage borrowers nationwide.

Mortgage guidelines are loosening across all loans.

Fannie Mae is the most recent publisher of mortgage guidelines to help borrowers with a history of poor credit because of bankruptcy, short sale, and pre-foreclosure.

Verify your mortgage eligibility

New Fannie Mae rules for bankruptcy, pre-foreclosure, & short sales

Recently, Fannie Mae changed its mortgage rules for borrowers with a recent bankruptcy, pre-foreclosure, or short sale. The group has reduced its mandatory waiting period after such an event from four years to 2 years.

Freddie Mac followed suit, reducing its waiting period to 24 months. Like Fannie Mae, it allows borrowers to apply when two years have passed since a significant derogatory event.

“Significant derogatory event” is defined as any one of the following which may appear on a person’s :

  1. A pre-foreclosure
  2. A short sale
  3. A deed-in-lieu of foreclosure
  4. A bankruptcy
  5. A mortgage loan charge-off

However, just because you qualify for a conventional mortgage via Fannie Mae doesn’t necessarily mean it’s the best loan for you. Significant derogatory events can affect a person’s credit score by 100 points or more, and conventional mortgage rates change for borrowers with generally-low scores.

If you’ve had a significant credit event, then, it’s important to compare conventional mortgage rate quotes against FHA mortgage rates to make sure you’re getting “the best deal”. FHA mortgage rates are typically lower than comparable conforming rates — especially for credit scores below 680.

FHA mortgage insurance premiums can add to the overall cost of an FHA loan, though.

Any mortgage lender can help you decide which loan program best suits your needs. Explore all available options — you never know how much you might save.

Verify your mortgage eligibility

New Fannie Mae guidelines for derogatory events

Fannie Mae has reduced its mandatory waiting period after a pre-foreclosure, short sale, or bankruptcy.

Prior to the change, Fannie Mae required borrowers to wait four years after a significant derogatory credit event before re-applying for a home loan.

That mandatory waiting period is now just 2 years.

The table below compares Fannie Mae prior policy against its current one; and against the FHA Back to Work program which may be more suitable for borrowers with less available down payment.

FHA loans permit home down payments of just 3.5 percent. Fannie Mae loans typically require 5 percent down or more (although ).

Prior Fannie Mae MinimumNew Fannie Mae MinimumCurrent FHA Minimum
Short Sale4 Years2 Years2 Years
Bankruptcy4 Years2 Years2 Years
Pre-Foreclosure4 Years2 Years2 Years

For a Fannie Mae loan, “extenuating circ*mstances” are situations which (1) occur one-time only; (2) are beyond the borrower’s control; and, (3) result in a sudden, significant, and prolonged reduction in income.

The label of “extenuating circ*mstances” may also be applied to situations in which a borrower is subject to a catastrophic increase in financial obligations.

Examples of extenuating circ*mstances may include divorce, illness, sudden loss of household income, and/or job loss.

Mortgage applicants wishing to apply for a loan using Fannie Mae’s Extenuating Circ*mstances program should be prepared to provide documentation in support of the claim. Valid documentation may include a copy of a divorce decree; medical bills; and, notice of job loss or job severance papers.

Borrowers should also be prepared to write a brief letter describing the hardship and how it directly led to the bankruptcy, pre-foreclosure, or short sale. The letter should make it clear that default was the borrower’s only reasonable course of action, given the circ*mstances.

Borrowers should also make it clear that the derogatory event was a one-time event, and that financial obligations have been paid on-time in the months since.

Verify your mortgage eligibility

Buyers gain additional purchasing power

Along with softening mortgage guidelines, today’s mortgage rates are making it easier to get mortgage-qualified.

This is because low mortgage rates lower a mortgage applicant’s expected monthly payment, which, in turn, reduces its .

When mortgage rates are low, purchasing power extends.

Extra purchasing power can mean the difference between buying a 2-bedroom home versus a 3-bedroom one; between buying a home with large closets versus small closets; and, between buying an upgraded home versus a “dated” one.

Extra purchasing power can also mean the difference between buying in a top-rated school district and a second-tier one.

And, now, with Fannie Mae’s looser mortgage guidelines, more mortgage applicants can qualify for home loan financing.

What are today’s mortgage rates?

Mortgage lenders have loosening mortgage guidelines, so it’s easier to get mortgage-approved. With mortgage rates low, it’s an excellent time to compare today’s rates.

Get today’s live mortgage rates now. Your social security number is not required to get started, and all quotes come with access to your live mortgage credit scores.

Time to make a move? Let us find the right mortgage for you
Fannie Mae Lowered Bankruptcy Waiting Period To 2 Years (2024)

FAQs

What is the waiting period for a mortgage after bankruptcy? ›

Depending on whether you filed Chapter 7 or Chapter 13, it'll take two or four years to qualify for a conventional mortgage, one or two years for FHA or VA loans, and one or three years for USDA loan.

How long after foreclosure can I get a Fannie Mae loan? ›

7 years

What is the waiting period for FNMA bankruptcy? ›

Typically, Fannie Mae and Freddie Mac loans require a four-year waiting period, while Federal Housing Administration (FHA) loans have a two-year waiting period after a Chapter 7 bankruptcy, she adds.

How much time must have elapsed after a bankruptcy to qualify for a loan from the Federal Home loan mortgage Corporation Freddie Mac )? ›

Bankruptcy (Chapter 7 or Chapter 11)

A four-year waiting period is required, measured from the discharge or dismissal date of the bankruptcy action. A two-year waiting period is permitted if extenuating circ*mstances can be documented, and is measured from the discharge or dismissal date of the bankruptcy action.

Can I get a mortgage 3 years after bankruptcy? ›

Depending on the financial institution, it can take anywhere from one to four years after your bankruptcy discharge to become eligible to take out a mortgage. 2 Additionally, it typically takes time to rebuild your credit enough to qualify for the mortgage you may want.

What happens to 2nd mortgage after bankruptcy? ›

Through a lien strip, the bankruptcy court essentially takes your second mortgage (which is a secured debt where the lender can foreclose on your property if you miss your payments) and converts it to an unsecured debt (just like a credit card debt) by ordering the lender to remove its lien from the property.

Can I get a mortgage 2 years after foreclosure? ›

FHA loan (3 years) – You'll have to wait three years to get a loan backed by the Federal Housing Administration (FHA). The waiting period begins when the foreclosure case ends, generally when the foreclosed home is sold.

What are Fannie Mae's extenuating circ*mstances? ›

Extenuating circ*mstances 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.

What is the waiting period for Chapter 13 FHA loan? ›

Generally, you must only wait one year from the date of your Chapter 13 discharge to qualify for an FHA loan. However, you may be able to get an FHA loan while you are still making Chapter 13 payments. You can do this by consistently making on-time payments for a full year and obtaining court approval for the loan.

What is the preference payment period for bankruptcy? ›

The bankruptcy preference period is 90 days before the bankruptcy filing for most creditor payments and one year for payments to a creditor who qualifies as an "insider." The following people and entities would be insiders: a relative. a general partner. relatives of a general partner.

How long after bankruptcy can you borrow? ›

It may take 1 to 2 years after bankruptcy to qualify for a personal loan. The longer it's been since your bankruptcy, the better. There are some bad-credit personal loan lenders that may work with you.

What is the 90 day preference period for bankruptcy? ›

The Preferential-Payment Rule

This statute provides that when a debtor makes a payment to a creditor and the debtor files bankruptcy within 90 days of that payment, the Bankruptcy Court can force the creditor to pay that money back to the debtor for distribution to all of the debtor's creditors.

Do you have to wait 2 years after bankruptcy? ›

Generally, you must wait: Two years after filing for Chapter 7 bankruptcy for FHA loans and VA loans. Three years after filing for Chapter 7 bankruptcy for USDA loans. One year after Chapter 13 for FHA loans, VA loans, and USDA loans.

Can I buy a house 2 years after Chapter 7? ›

Waiting periods after Chapter 7 is discharged vary from two to four years. After Chapter 13 is discharged, some federal loans are available immediately, though a conventional loan requires a two-year waiting period.

What is the waiting period for a conventional loan? ›

Conventional loans aren't backed by the federal government and typically require a minimum 620 credit score and a 3% down payment to qualify. The conventional loan foreclosure waiting period is typically seven years, though it may be shortened to two to three years in extenuating circ*mstances.

How long until you can get a loan after bankruptcies? ›

It may take 1 to 2 years after bankruptcy to qualify for a personal loan. The longer it's been since your bankruptcy, the better. There are some bad-credit personal loan lenders that may work with you. Expect high rates and fees.

How long after Chapter 13 can I get a home equity loan? ›

You won't be able to tap the equity in your home immediately after filing for bankruptcy. Lenders generally require a waiting period of between one and five years from discharge or dismissal — and up to seven following foreclosure — before they'll approve you for a home equity loan.

Can you buy a house after Chapter 7 with a co-signer? ›

Can you buy a house after Chapter 7 with a co-signer? Yes, having a co-signer can improve your chances of getting a mortgage after a bankruptcy. But it's far from a sure thing. Since lenders typically use the lower credit rating of the co-signer and applicant, you could still be facing an uphill battle.

Can lenders see bankruptcy after 10 years? ›

The Fair Credit Reporting Act is the law that controls credit reporting companies. The law states that credit reporting companies may not report a bankruptcy case on a person's credit report after ten years from the date the bankruptcy case is filed or discharged.

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