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Can I Buy a Home After a Short Sale or Foreclosure?

Written by Alanna McCargo on July 8, 2013 in Real Estate  |   15 comments

The last few years have been tough for millions of homeowners. The loss of jobs, decreased hours and incomes, and declining home values have been devastating to communities and families alike. The entire real estate market has taken a big hit, as have consumers’ credit…

buying a home, real estate, foreclosureThe last few years have been tough for millions of homeowners. The loss of jobs, decreased hours and incomes, and declining home values have been devastating to communities and families alike. The entire real estate market has taken a big hit, as have consumers’ credit ratings.

But the fundamentals of buying a home after a short sale or foreclosure remain the same. Borrowers must demonstrate the ability to pay with sufficient and stable income; the willingness to pay based on their credit histories; and the ability to provide a down payment with which to put some skin in the game. The question really is when you should buy again after losing your home to financial hardship—not if. The answer depends on the circumstances and severity of your situation.

There are consequences that borrowers who faced foreclosure will have to deal with before buying another home, and it will take time to heal the damage done by the foreclosure process. How long you need to wait to buy another home depends on how deep the damage was to your overall financial picture and how well you recovered afterwards.

In order to recover and buy again, you must focus diligently on improving your credit and saving money.

Here are five key variables on how foreclosure, short sale, or deed in lieu can impact your next home purchase:

1. Duration of delinquency is a factor. Foreclosure proceedings and short sale transactions can take quite a bit of time (depending on the state in which you live and the banks’ procedures), and homeowners in foreclosure or short sale are often unable to continue making monthly mortgage payments during the process. The duration of delinquency can do serious damage to credit, even before the final foreclosure judgment or short sale is reported.

2. Deficiency judgments can have lasting impacts. When there is a foreclosure or a short sale, there is often a large debt that is left unpaid that banks want to settle. In short sales, it’s the difference between what was owed and the amount for which they were able to sell the home. In a foreclosure, it’s a combination of attorney and court fees, plus all of the unpaid amounts due.

Often, consumers are on the hook for the difference of the loss the bank took on your property. When this is the case, a deficiency judgment is filed in the court and appears on your credit report as a negative debt owed and payable.

Under certain circumstances, and in some states, this deficiency balance can be waived. It’s important that if you are going through the foreclosure or short sale process you understand what will happen with any negative equity or unpaid amounts. This has a lasting negative impact on your credit and, thus, your ability to purchase a home in the future.

3. A lower credit score might mean a higher interest rate to borrow. Buying power is largely set by creditworthiness unless you are sitting on piles of cash. If you have damaged credit and a lower FICO score, you will likely be charged a higher rate to borrow money.

On a purchase as large as a home, high-interest, long-term debt can be very costly. It is worth taking the time you need to get your credit in order by making a good faith effort to pay all of your bills on time, clear any collections or judgments, and improve your credit score.

This may mean waiting a bit longer before you buy another home. In the long run, it can save tens of thousands of dollars in interest over time.

4. A higher down payment may be required. If you’ve had a housing-related credit issue previously, many banks and investors have guidelines in place that may require you to put more money down on your next home purchase. Some rules require down payments as high as 20 percent.

Again, this may mean you have to wait longer to buy again in order to save the additional cash required to qualify for a loan. The more money you put down up front, the less risky you appear to be.

5. A waiting period may apply. Since the crisis, many of the major investors and insurers of mortgages, like Fannie Mae, Freddie Mac, and FHA, have issued new rules on how long you must wait after foreclosure, short sale, or deed in lieu before you can buy again. This can be roughly five to seven years on a foreclosure and two to four years on a short sale or deed in lieu, depending on the loan type.

These rules tend to be much more favorable to consumers who were engaged in the process with their bank and who entered a foreclosure alternative like a short sale or deed in lieu as well as for those who can document extenuating circumstances related to their financial hardship. The waiting periods are much harsher on borrowers who took the process all the way through and completed the foreclosure.

Since the housing crisis, many lenders are looking at credit and underwriting processes through a brand new lens. Their views will continue to evolve as agencies like the Consumer Financial Protection Bureau (CFPB) and others write the critical policies that will govern mortgage lending and housing policy in the future.

It’s important to stay informed on how these new rules will impact home-buying options and the overall cost of ownership. The good news is that homeownership will be in reach again—it just may require a little more time and patience before you get back in.

Alanna McCargo is a housing and financial services executive and personal finance writer and advocate. She is a public speaker on hot topics in financial services and the housing market, and she writes a personal finance blog called “Matter of Money.” She is an active volunteer and serves on the board of directors for the Women in Housing & Finance Foundation, a non-profit dedicated to advancing financial literacy, housing policy issues, and education programs for women, children, and under-served communities. Follow Alanna on Twitter @myhomematters.

The information contained in this blog post is designed to generally educate and inform visitors to the Equifax Finance Blog. The blog posts do not give, and should not be assumed to provide, personalized tax, investment, real estate, legal, retirement, credit, personal financial, or other professional advice. Before making any financial decision, you should always consult with the appropriate professionals who can explain your options, rights, and legal responsibilities, and advise you on any tax, legal, credit, or business implications that may result from those decisions. The views and opinions expressed by the authors of blog posts are their own views and may not be the views or opinions of Equifax, Inc. and/or its affiliates.


  1. tahsha says:

    So please let me be sure
    I short sold my home march,2013 the wait to purchase again is 2-4 years?
    I was told it was 3years when I sold my home

  2. Alanna McCargo @myhomematters on Twitter says:

    Tasha, it really depends on who the investor was on your loan. The rules are not the same for everyone. Your overall credit score impacts when you can buy again. If the short sale was compounded by additional credit issues and your score was damaged, you will have to work to get your score up before you can buy again. Despite what the short sale rules are, your credit score is still the primary driver of your ability to get financing.

  3. donna says:

    Please advise. We stop making payments on our home in 2009, moved out and had a real estate agent submit paperwork to the lender for a short sale. After six months, it was not approved. Shortly thereafter we filed bankruptcy, 2010. Our house sat empty until Spring 2012 when we were contacted by a potential buyer, who once again submitted paperwork for a short sale, again denied. Then once the lender found out that they were in first position on the deed, they finally took ownership in June 2012 and then sold the property in Sept 2012.

    We want to know which date do we use for a two year waiting period before we can apply for a VA Loan. June or Sept. We have credit scores of over 675 and money in the bank for a nice down payment. We found a home, but no one will even talk to use about a mortgage. We are so frustrated, all the good ones are going to be gone by the time we can find a lender.

    • Nancy says:

      Hi Donna,

      I have a similar situation to yours, so I’m wondering if you can answer a question based on what you went through. I went through bankruptcy and didn’t reaffirm my mortgage debt with the lender so it was included in my bankruptcy ch 7. I am still living in the house and now going through foreclosure. I’m wondering if the lender can still put the foreclosure on my credit report since it was already discharged in bankruptcy. Did they put the foreclosure on your credit report after you already had the mortgage discharged in bankruptcy?

  4. jasevans007 says:

    Confused, please offer option:
    I went threw the entire purchase process 3 days from closing and the Bank questioned the length of time that has passed sinced my short sale just under 3 years.
    They will be denying the transaction based off the full 3 years not being met (June 2014 will be 3 full years).
    The owner has already made plans to move, I have made plans to move. My middle score is 680 and the short sale was due to a divorce.
    I need to know what options I have to get this deal done if possible?
    Again 3 days before closing and this stops me in my tracks…So Confused!

  5. Shad6812 says:

    We’re very confused. My husband and I are both on disability. Because of this, my husband had to leave his job back in November 2010 and our income suffered significantly. We filed Chapter 7 in January and were discharged in April 2011. All our debt was included. We were told that we should put our cars and our home as exempt on the paperwork which we did. We were then told that we needed to submit re-affirmation agreements on all of them before our discharge in order for us to be able to keep those items. Our cars were financed through a credit union and they refused to reaffirm them so they took them. Our mortgage lender refused to reaffirm, so we were under the assumption they were to take that too. Well, now after 3 years, our credit is in the high 600s, our income is very high and we have a down payment. However, the mortgage title is still in our names. We tried to submit a short sale 3 times over the last 3 years but the bank refused all of them. Now they want to foreclose and we’re not sure where we stand legally. I know that the actual loan has been forgiven due to the Chapter 7, but the title is still in our names and that is going to gravely impact our chances of owning anytime soon if a foreclosure, short sale or deed in leiu hits our credit. We found a mortgage broker that says we can buy because our BK was over 3 years ago but the processor is saying that if we put it as exempt on our BK papers, we are out of luck. We live in Illinois and I can’t find anyone that can give me a straight answer. Are we pretty much out of luck because the mortgage company refused all of our requests to get this out of our name? We are living with relatives and really need to know what we are dealing with. The BK was filed due to massive medical bills and loss of income. Anyone have a straight answer???

    • EFX Moderator says:

      Shad6812, I’m very sorry to hear this is happening to you. Given the complexity and urgency of the situation, I would recommend consulting a good bankruptcy attorney as soon as possible. Best of luck to you and your husband.

  6. Anonymous says:

    we had a foreclosure on a rental unit almost 2 years ago. If I have a large down payment can we buy a owner occupied home? The 2 year is up in Dec 2014

  7. auntjoey78 says:

    We were discharged in 2011 BUT house just sold January of 2014!!! So we need to wait another three years for a mortgage approval… Arkansas laws. This isn’t fair, why did they take so long to foreclose?? Why are we punished and having to wait another three?

  8. Cresta says:

    Usually, foreclosure and short sale are entirely different from the other. A short sale allows homeowner to buy a home or a property after the certain time period, but it is not possible with foreclosure. Also, it allows both the borrower and lender in managing some money for the property.

  9. Denise says:

    Alanna, I went through a very difficult divorce. The divorce was final in 2013. The court order states that “we agreed” to short sale all of our properties. I couldn’t refinance them because they were all so upside down. I couldn’t get his name off of the loans. We short sold four properties in a year. The last one went through in March of 2014. I was the breadwinner in the family and have been ordered to pay spousal support to my husband for eight years. Disgusting. Anyway, my credit score for the length of my marriage was in the high 800s. Right now it is at 720. I never missed a payment in 27 years of marriage to any lender nor any creditor. I want to purchase a new home but I’ve been told by two lenders that I have to wait until 2017. Is there anything I can do? I have more than 20% that I can put down on a home.

  10. Robbie rhodes says:

    We have purchased a mobile home. New. Everything is in my wife’s name as I have no credit. We played a seven thousand dollar down payment, the house is in place with all amenities. We PD out of pocket for a septic pump. Her credit was run five times with no problem. Now on the closing date, they say there is a discrepancy. What are our rights? Anybody?

  11. Gisselle says:

    Q: Our home was foreclosed on in July 2013 after a 3 year wait. Our credit scores took a large hit at the start of everything but they are now around 710 and we are making like 50k more than before.The foreclosure is the only ding on our credit with everything else being paid on time. How long must we wait to purchase another home?

  12. Anonymous says:

    Want to know what the worst thing is??? My husband died, my son went on disability after my husband died, I had to switch jobs and now make over $8000 a year less so I cannot afford my mortgage and now I cannot get a modification because I don’t make enough! Cannot catch a break! Any suggestions? We were in the house for 8 years. I am upside down because we paid too much for the house and is now worth less than I owe!….

  13. Phoenix says:

    I built a house in a gated community in Florida in 2005 that I paid cash for, but which was foreclosed on by the bank because my business credit line was secured by it, and being a realtor suffered business reversal for 8 years. My lawyer and bank’s lawyer agreed that if I don’t fight the foreclosure proceedings, which the bank started in Oct. 2013, they’ll let us live in our house for 6 months, and not pursue any financial deficiency if my house sells for less at auction, the court approved this arrangement. I honored my commitment because being a realtor, I lost my business and ran out of money so I had to use my credit line, but couldn’t pay amount used since we only had minimal income and pension, I wanted to just moved forward and start again. My TransUnion score is 822, Experian 720 since I always pay in full whenever due, I don’t spend what I can’t afford to pay for. I believe TransUnion took into consideration court approved agreement between me and the bank, but Experian still have it in my file, so the lesser score, even though the bank isn’t pursuing me for the balance. I bought another house using my rental property as collateral but is paying 10% interest to a private lender because Frank-Dodd wouldn’t allow me to get bank mortgage. My question is how long do I need to wait to get a bank loan, I put 35% down on this purchase, but 10% interest is a little ridiculous when my credit rating is still high, despite the foreclosure/shortsale. Thanks for any help/advice you can give…

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