Bankruptcy and VA Guidelines for Kentucky Mortgage Loan Approval

bankruptcy and mortgage loan approval


How soon can you qualify for a Kentucky VA loan after a Chapter 7 or 13 Bankruptcy?

How Soon Can You Qualify for a VA Loan after a Chapter 7 or Chapter 13 Bankruptcy in Kentucky? 

How soon can you qualify for a VA loan after a bankruptcy in Florida?
Kentucky VA mortgage guide for bankruptcy

As a reminder, these are the basic differences between bankruptcies which impact VA qualifying differently:

  • Chapter 7 Bankruptcy: you ask the bankruptcy court to discharge most of the debt you owe
  • Chapter 13 Bankruptcy: you file a repayment plan with the bankruptcy court to pay back all or a portion of your debts over time.

So, does the type of bankruptcy filed affect VA loan qualifying? The answer is YES, it most definitely does.

How soon can you qualify for a VA loan after a Chapter 7 Bankruptcy?

  • Chapter 7 Bankruptcies discharged more than two years ago from the date of closing for purchases and refinance, it may be disregarded.
  • If the bankruptcy was discharged within the last 1 to 2 years, it is probably not possible to determine that the applicant or spouse is a satisfactory credit risk unless both of the following requirements are met:
  1. The applicant or spouse has obtained consumer items on credit subsequent to the bankruptcy and has satisfactorily made the payments over a continued period; and
  2. The bankruptcy was caused by circumstances beyond the control of the applicant or spouse such as unemployment, prolonged strikes, medical bills not covered by insurance, and so on, and the circumstances are verified. Divorce is not generally viewed as beyond the control of the borrower and/or spouse.
How Soon Can You Qualify for a VA Loan after a Chapter 7 or Chapter 13 Bankruptcy in Florida, Texas, Tennessee, or Alabama?

Please note that additional factors can contribute towards granting an exception to the 2 year policy, but any and all factors considered would have to be reviewed on a case by case scenario prior to approval. Borrowers discharged for less than a year will not generally be accepted as a satisfactory credit risk.

How soon can you qualify for a VA loan after a Chapter 13 Bankruptcy?

A. For Chapter 13 Bankruptcies that are still in progress:

  • The applicant must document at least one year into the payout plan has elapsed along with satisfactory payment history
  • The applicant must obtain court permission to enter into the new mortgage
  • When the bankruptcy is still in repayment, the Chapter 13 payment will be counted in the debt ratios

B. Once the borrower has satisfactorily completed the repayment, the borrower is considered to have re-established credit

 As you can see, the type of bankruptcy can drastically impact VA loan eligibility and the required waiting period.

If you have filed for chapter 7 or chapter 13 bankruptcy, then you can still qualify for a mortgage just one day out of bankruptcy. Today, there are thousands of people who are trying to find a mortgage after filing for bankruptcy.  In the past, finding a mortgage after a bankruptcy was not the easiest thing to do. The good news is that today you can get a mortgage just one day out of bankruptcy.

How Long after a Bankruptcy Can I Qualify for a Mortgage?

There are bankruptcy lenders who can help with your mortgage even just one day out of chapter 7 or chapter 13 bankruptcy. You will likely need a larger down payment and show that you are taking steps to improve your credit.

Below, we will take you through some mortgage after bankruptcy options and then connect you with some of the best bankruptcy lenders. We understand that you area dealing with a lot and having a bankruptcy is not easy. Let us help guide you through this process.

Type of LoanChapter 7Chapter 13
Conventional4 years2 years
FHA2 years1 year
VA2 years1 year
USDA3 years1 year
Subprime1 day1 day

How Long Must You Wait To Qualify for a Mortgage After Filing for Bankruptcy

Every type of loan has different waiting period requirements. Here are some of the basics:

y.

Mortgage Waiting Period After Bankruptcy Discharge

FHA Loan Requirements After a Bankruptcy

VA Loan Requirements After a Bankruptcy

  • You will have a two year waiting period first after filing for bankruptcy
  • You will need to meet the eligibility criteria as a veteran
  • Zero down payment
  • No PMI required for a VA loan
  • You must meet the minimum income requirements
  • You will have to pay the VA funding fee which can also be borrowed.

USDA Loan Requirements After a Bankruptcy

  • You will have to wait three years after filing for bankruptcy
  • Must be a citizen of the US or be an eligible non-citizen
  • Must be legally able to borrow (ie, must meet the age limits)
  • Must occupy the home as your primary residence
  • Must currently be without safe and sanitary housing now
  • Must not have the current ability to obtain a conventional loan from other sources and lenders
  • May not be barred from participating in any federal loan programs.
  • Must meet the income limits set by the program

VA Updated Funding Fee Information


VA Updated Funding Fee Information – WebLGY Release
VA has announced that release 21.10, which was previously scheduled for release on 7/20/2021, has been postponed to 7/27/2021.

As previously announced, VA has issued a Circular providing additional details regarding the enhancement made to the COE and WebLGY providing more certainty regarding whether to collect the funding fee. A funding fee must not be collected from individuals who are by statue provided a waiver of the funding fee. Lenders are to ensure before loan closing, whether a borrower is exempt from having to pay a funding fee. The statutory waiver of funding fees applies to the following:

  • A veteran receiving disability 
  • A surviving spouse
  • A veteran who is eligible to receive compensation as a result of pre-discharge disability 
  • Purple Heart Member of the armed forces 

A COE is not necessary for IRRRLS. The enhancement to VA’s systems provides for more accurate funding fee exception information under the appraisal case initiated screen. Lenders can print this verification at any time throughout the loan origination process. This enhancement will expedite the loan origination process for IRRRL borrowers.Refer to VA Release 21.10 and Circular 26-21-11 for more details.

VA Updated Guidance for Borrowers Affected Financially by COVID-19


VA Guidelines for Covid-19


Income Verification

Lenders may continue to use good judgement and flexibility when verifying a borrower’s income and determining whether that income is stable and reliable and will follow standard VA guidelines.
Third-party services may be used to provide employment and income verification (please note additional fees associated with these services cannot be charged to borrower).
Note: The VOE flexibilities previously announced by VA have not been extended and did expire 04/01/2021.

Income Analysis

VA’s guidelines generally require income to be stable and reliable for 2 years. However, borrowers’ income impacted by COVID-19 may continue to be reviewed as follows:
Any period in a borrower’s income (i.e. furlough, curtailment of income, etc.), should not be considered a break in employment or income provided they have returned or anticipated to return to work in the same capacity and income levels. In addition to standard verification documentation Borrower’s should provide furlough letters where applicable.
VA continues to encourage proactive measures in documenting and obtaining evidence of their analysis and justifications for all Borrower’s, especially borderline cases.
 This may proactively address questions that VA may otherwise ask and prevent a loan level audit of a loan.
Remote Online Notarization (RON)

Additionally, ensure that the VA-guaranteed home loan is secured by a first lien on the property being used as collateral.