A foreclosure is one of the longer derogatory credit events when it comes to mortgage waiting periods. Unlike bankruptcy, foreclosure waiting periods are calculated from the sheriff's sale or deed transfer date, not from when payments stopped. That distinction matters when you are helping a borrower time their next purchase.
Standard Waiting Periods by Program
- ✦Fannie Mae conventional: 7 years from the completed foreclosure date; 3 years with extenuating circumstances, with additional restrictions on LTV and property type
- ✦Freddie Mac conventional: 7 years from completion; 3 years with extenuating circumstances
- ✦FHA: 3 years from the date the foreclosure was completed (deed transferred to lender)
- ✦VA: 2 years from the completion date; shorter waits possible with credit re-establishment and underwriter approval
- ✦USDA: 3 years from completion date
Deed in Lieu and Short Sale
A deed in lieu of foreclosure follows the same waiting periods as a completed foreclosure for most programs. A short sale has different rules: Fannie Mae allows purchase 4 years after a short sale without extenuating circumstances, versus 7 years for foreclosure. FHA treats a short sale as a 3-year wait from the settlement date, same as foreclosure. VA has a 2-year wait after short sale.
Extenuating Circumstances After Foreclosure
Fannie Mae allows a 3-year wait instead of 7 if the foreclosure was caused by documented extenuating circumstances. At the 3-year mark under extenuating circumstances, maximum LTV is 90% and the property must be a principal residence. The borrower must also have re-established good credit and have no 30-day lates since the foreclosure. Document the extenuating event thoroughly before submission.
How to Confirm the Foreclosure Date
The foreclosure completion date is public record. Pull the county recorder's deed to get the exact transfer date. Credit reports often show the foreclosure date incorrectly. If the credit report shows an earlier date than the actual deed transfer, dispute it and use the public record date. Using the correct date can make a borrower eligible months earlier.
Aria can confirm foreclosure waiting period eligibility by program and help identify whether your borrower qualifies under extenuating circumstances guidelines. Ask at vicariointel.com.
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