An explanation of the process to expect when you stop paying your mortgage, including information about Trustee Sales in Arizona.
How Soon After a Short Sale Can I Buy a Home Again?
A recent report was released by Scott Modeer, loan officer for Arizona Bank & Trust regarding the timelines involved in purchasing a home after going through financial hardship. The information contained in this report is obviously a snapshot of the market now and may change in the future depending on what our government decides.
If you’ve experienced a foreclosure, short sale, or bankruptcy, the following information may help you determine when you might be able to qualify for a new mortgage so you can be a home owner again.
This is a general guide, and the answers vary depending on the type of program you choose.
FHA Loans
- Foreclosure: 3 years.
- Deed in Lieu of Foreclosure: 3 years. (Deed in Lieu is foreclosure.)
- Short Sale: 3 years (in some cases, if you weren’t delinquent on the original mortgage, this may be waived.)
- Chapter 7 Bankruptcy: 2 years.
- Chapter 13 Bankruptcy: 1 year.
(Editorial: Isn’t it counterintuitive to think that if you simply blow off your debts and file bankruptcy that someone would be more willing to lend to you again earlier than if you do the right thing? Gross.)
VA Loans
- Foreclosure: 2 years.
- Deed in Lieu of Foreclosure: 2 years.
- Short Sale: 2 years.
- Chapter 7 Bankruptcy: 2 years.
- Chapter 13 Bankruptcy: 1 year.
USDA Rural Housing Loans
- Foreclosure: 2 years.
- Deed in Lieu of Foreclosure: 2 years.
- Short Sale: 2 years.
- Chapter 7 Bankruptcy: 2 years.
- Chapter 13 Bankruptcy: 1 year.
Fannie Mae/Freddie Mac Conventional Conforming
(Editorial: Notice how the government programs are convoluted with ridiculous if/then conditions. They never make any of this simple.)
- Foreclosure: 7 years.
- Deed in Lieu of Foreclosure:
2 years if financing ≤ 80% of the new property’s value; 4 years if financing 81-90% of the new property’s value; 7 years if financing > 90% of the new property’s value. - Short Sale:
2 years if financing ≤ 80% of the new property’s value; 4 years if financing 81-90% of the new property’s value; 7 years if financing > 90% of the new property’s value. - Chapter 7 Bankruptcy: 4 years.
- Chapter 13 Bankruptcy: 2 years.
Jumbo Loans
- Foreclosure: 7 years.
- Deed in Lieu of Foreclosure: 7 years.
- Short Sale: 7 years.
- Chapter 7 Bankruptcy: 7 years.
- Chapter 13 Bankruptcy: 7 years.
Short Sale Cash Contributions at Closing
On many short sales, there’s a point at which the bank will tell us that the seller is required to come to the table with cash or a promise to sign a note for a certain amount of money.
In a specific example, a home owner has been told that they are on the verge of an approval, but until they either pay $3,500.00 cash or promise to repay $7,000 in cash over 120 months (that’s 10 years,) the approval will not be issued.
What’s Presented
The bank will typically represent that the mortgage insurance company who holds a policy on the note is asking Wells Fargo to ensure they get a cash contribution before they’ll pay the claim on the loss from the short sale. They’ll say that it’s their request.
What’s Really Happening
Sometimes the MI company does request cash, but remember, the bank is in the business of getting your money in their pocket, and they’re not beyond using the ruse of a mortgage insurance company request to ensure you pay them so they recover more of their losses. So more than likely, the MI company has has NOTHING to do with the request.
The bank is telling the seller that the mortgage company needs a cash contribution, but the mortgage insurance company never told the bank that they needed it. This is a tactic that negotiators use which I contest is converted to incentives paid to negotiators for bringing in more money for the bank. The bank is still going to file their claim with the mortgage insurer to recover a vast majority of the losses, but the insurer will be none the wiser that they’ve just squeezed the seller for even more.
How I Handle This
I call their bluff.
As a “private investigator” for short sale approvals (that’s basically what we are,) I hunt down the truth. A simple friendly phone call to the mortgage insurance company will easily reveal whether or not the bank or servicer is telling the truth. When we learn that there was never a request, it means we have more information than they’d like, and that’s how one wins negotiations. The person with the most information wins, every time. (It’s also assumed that that person has walk-away power.)
What if they actually did make the request? That’s okay too, because that can also be negotiated away directly with the mortgage insurance company provided the details can be “worked out” as they call it. If the seller has no money, and no room in their budget for a promissory note payment (in our example $7,000 ÷ 120 months = $58.33 per month) then there can be no contribution.
Now, in light of the situation, $58.33 per month is a small price to pay for the mess that we’re cleaning up, but it’s absolutely unnecessary, and likely to be defaulted on. The notes are usually proposed at 0% interest, and $58.33 per month to a behemoth of a bank is less than peanuts. It’s not even peanut dust.
So, if it comes down to blows, and the MI company absolutely won’t budge, then a payment might be wise just to make the problem go away. You can see that we do everything we can to make sure that this is never the case.
Who Can Afford A Down Payment?
As I’m reading through the latest predictions for the upcoming market conditions, I’m taken aback by one of the statements. In an article written by Jed Kolko, Chief Economist for Trulia.com entitled What the Cyrstal Ball Says about the housing market in 2012, he points out the probability of rental rates increasing, and that it would be a bad thing.
I believe the reason that it is perceived as a bad thing is part of the core of the financial problems we have in this country. The reasoning is this. If rental rates increase, and housing prices decrease, then it creates a great environment for buyers, “but only for prospective buyers who can afford the downpayment and qualify for a mortgage.”
I apologize if I’m completely out of my mind, but what kind of buyer do we want? Do we want to encourage people who cannot afford a home to buy a home? And what about cash buyers? There’s no mention of them, and they do exist, in droves.
As a real estate agent who doesn’t believe borrowing money is part of a sound financial plan, I have a hard time with the topic of mortgages. There are great deals out there, but we shouldn’t be waiting until someone wants to take advantage of a good deal to counsel them about the principles of money…mainly saving, which is what’s required to build up a down payment. If you haven’t figured that out by now, then you might want to consider re-signing your lease until you do. If you’re thinking about buying a house, know that a down payment is going to be part of the equation. Plan your life around a 20% down payment and your long term costs will be much less than if you go with a more “creative” financing plan.
As my financial coach Dave Ramsey always says, “creative usually means too broke to buy a house.”
The Truth About Loan Modification

When applying for a loan modification, be prepared to disclose your entire financial life to whomever is negotiating your modification. If you try to do it, you will fail, unless you are persistent, or insane. Some attorneys require $3000 up front retainers to even begin negotiating with the bank. There is no guarantee that it will work.
How Can I Qualify?
More than 60% of you do not qualify because a simple modification of your loan will not bring your financial position in line with the bank’s requirements. So what are those requirements? The lenders are simply looking at your finances to determine if your mortgage payment exceeds roughly 31% of your net take-home pay. This is an estimate, and every case is different, but it’s typical.
That means that if you have bad spending habits, or you’re paying bills that should be considered secondary to your mortgage before you pay your mortgage, your lender will call you out on it during the loan modification process. You may need to prioritize your spending.
So, regardless of your monthly mortgage payment, if it’s less than 31% of your net take-home pay, you will probably be denied. So don’t waste your time.
Loan modification typically results in a lowered interest rate, 10 years of additional payments on your home, payment deferral, or some other manipulation that will usually not help you anyway.
The real problem is that you owe money on a house that will not recover its value in enough time for you to break even on the future appreciation of your house, and therefore, you’re stuck in that house. If it comes time to move, you’re still stuck in a situation where you may have to do a Short Sale to sell the home.
The real truth about loan modification is that it’s possible, but it pacifies the homeowner long enough for the bank to continue to make money off of your financial hardship. Think about it. The bank wants you to be enslaved to their madness for as long as possible. At the same time, the banks are out of money and are going bankrupt, so your best option at this point in time may be to do a Short Sale.

