Carlos Scarpero- Dayton and Cincinnati Ohio Mortgage Broker

How To Get A VA Home Loan After Bankruptcy: The Complete Guide

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As a veteran, you’ve served our country with honor, and the VA home loan benefit is one way the nation shows its gratitude for your military service. If you’ve experienced financial difficulties resulting in bankruptcy, you may be concerned about your eligibility for a VA loan. However, I’m here to assure you that bankruptcy doesn’t automatically disqualify you from this valuable benefit. Let’s discuss the path to VA loan approval post-bankruptcy.

Understanding Bankruptcy Types and VA Loan Eligibility

Chapter 7 Bankruptcy

If you’ve undergone a Chapter 7 bankruptcy, the VA typically requires a two-year waiting period from the discharge date before you can be considered for a new VA loan. During this time, it’s crucial to:

  • Reestablish a positive credit history
  • Ensure all payments are made on time
  • Avoid new collections or negative credit entries

What The VA Handbook Says About Chapter 7 Bankruptcy

Chapter 7 bankruptcy is addressed in Chapter 4 of the VA Handbook, and it says the following.

“The fact that a bankruptcy exists in an applicant’s (or spouse’s) credit history does not in itself 

disqualify the loan. Develop complete information on the facts and circumstances of the bankruptcy. 

Consider the reasons for the bankruptcy and the type of bankruptcy filing.

 

Bankruptcy Filed Under the Straight Liquidation and Discharge Provisions of the Bankruptcy Law

You may disregard a bankruptcy discharged more than 2 years ago.

 

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:

 

• 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

• 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.

 

If the bankruptcy was caused by failure of the business of a self-employed

applicant, it may be possible to determine that the applicant is a satisfactory credit risk if

– the applicant obtained a permanent position after the business failed,

– there is no derogatory credit information prior to self-employment,

– there is no derogatory credit information subsequent to the bankruptcy, and

– failure of the business was not due to the applicant’s misconduct.

 

If a borrower or spouse has been discharged in bankruptcy within the past 12 months, it will not 

generally be possible to determine that the borrower or

spouse is a satisfactory credit risk.”

Chapter 13 Bankruptcy

For those in a Chapter 13 bankruptcy, the waiting period is generally 12 months from the start of the repayment plan, provided all payments have been made on time. In some cases, lenders may consider your application while you’re still in the repayment plan, but this varies by lender and individual circumstances.

What The VA Handbook Says About Chapter 13 Bankruptcy

Chapter 13 bankruptcy is addressed in Chapter 4 of The VA Handbook and it says the following:

“This type of filing indicates an effort to pay creditors. Regular payments are made to a court-appointed trustee over a 2 to 3 year period or, in some cases, up to 5 years, to pay off scaled down or entire debts.

If the applicant has finished making all payments satisfactorily, the lender may conclude that the applicant has reestablished satisfactory credit.

If the applicant has satisfactorily made at least 12 months worth of the payments and the Trustee or the Bankruptcy Judge approves of the new credit, the lender may give favorable consideration.”

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Lender Overlays and Bankruptcy

These guidelines are the VA minimum standards for an approval after a bankruptcy. Lenders may establish their own rules (called lender overlays) over and above what the VA requires.

Extenuating Circumstances

The VA recognizes that sometimes bankruptcies occur due to factors beyond your control. These are known as extenuating circumstances and may include:
  • Serious illness or death of an immediate family member, which caused financial hardship
  • Job loss due to employer closure or downsizing
  • Inability to sell departing residence
If you can provide documentation proving extenuating circumstances led to your bankruptcy, it may be possible to reduce the waiting period to one year. This is evaluated on a case-by-case basis.

Improving Your Loan Approval Prospects

To enhance your chances of VA loan approval post-bankruptcy, consider the following steps:
  1. Focus on rebuilding your credit score through consistent, on-time payments
  2. Maintain stable employment
  3. Save for closing costs and establish cash reserves
  4. Address any outstanding debts or collections

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The VA Loan Application Process After Bankruptcy

When applying for a VA loan after bankruptcy, be prepared to provide:

  • Detailed bankruptcy documentation
  • Current credit reports
  • Stable employment history
  • Explanation of the circumstances leading to bankruptcy

It’s advisable to work with a lender experienced in VA loans, particularly those familiar with post-bankruptcy applications. Transparency about your financial history is essential; a clear explanation of past difficulties and your subsequent financial recovery can positively influence your application.

Additional Considerations

  • VA loan entitlement: Bankruptcy typically doesn’t affect your VA loan entitlement unless a previous VA loan was involved in the bankruptcy.
  • Comparison with other loan types: Even post-bankruptcy, VA loans often offer more favorable terms than conventional loans for those rebuilding credit.
  • Potential challenges: Be prepared for possible higher interest rates or the need for a down payment, depending on your specific situation.

VA Bankruptcy Waiting Periods VA Other Mortgage Types

The following chart shows how VA bankruptcy standard waiting periods (without extenuating circumstances) compare to other mortgage types.

Chapter 7 Waiting Period Chapter 13 Waiting Period
VA Loans 2 years 1 year
Conventional Loans 4 years 2 – 4 years
FHA Loans 2 years 1 year
USDA Loans 3 years 1 year

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FAQs: Getting a VA Home Loan After Bankruptcy

Navigating the path to homeownership can be challenging, especially if you’ve faced financial hurdles like bankruptcy. However, if you’re a veteran or active-duty service member, the VA home loan program offers a unique opportunity to achieve your dream of owning a home, even after bankruptcy. Here, we’ll address some frequently asked questions to help you understand the process and improve your chances of securing a VA loan.

How long do I have to wait to apply for a VA loan after bankruptcy?

A: The waiting period depends on the type of bankruptcy you’ve filed. For Chapter 7 bankruptcy, you typically need to wait 2 years from the discharge date. This waiting period may be reduced to one year with extenuating circumstances. For Chapter 13 bankruptcy, you may be eligible after 12 months of on-time payments in your repayment plan. This waiting period allows you to rebuild your credit and demonstrate financial stability.

Can I get a VA loan while still in Chapter 13 bankruptcy?

A: Yes, it’s possible to qualify for a VA loan while still in Chapter 13 bankruptcy if you can show 12 months of on-time payments in the bankruptcy plan. However, you’ll need approval from the court or appointed trustee. This shows the lender that you are managing your repayment plan responsibly.

Will bankruptcy affect my VA loan entitlement?

A: Generally, bankruptcy doesn’t affect your VA loan entitlement unless a previous VA loan was involved in the bankruptcy. Your entitlement is the amount the VA will guarantee on your loan, and it remains intact as long as you meet the other eligibility requirements.

What can I do to improve my chances of getting approved for a VA loan after bankruptcy?

A: Here are some steps to enhance your approval prospects:

  • Rebuild your credit score: Make consistent, on-time payments.
  • Maintain stable employment: Lenders value job stability.
  • Save for closing costs and reserves: This shows financial preparedness.
  • Address outstanding debts: The cleaner your financial slate, the better.

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Are there any special requirements for VA loans after bankruptcy?

A: Yes, you’ll need to provide a full explanation of why the bankruptcy occurred and show that you now have financial stability. Lenders will also look for improved credit history since the bankruptcy. Transparency about your financial history and demonstrating responsible financial behavior post-bankruptcy are key.

Are VA loans easier to get than conventional loans after bankruptcy?

A: While still challenging, VA loans often have more favorable terms than conventional loans for those rebuilding credit after bankruptcy. Government backing can make lenders more willing to work with borrowers who have been bankrupt in the past. This includes benefits like no down payment and competitive interest rates

Where is bankruptcy info found in the VA Handbook?

A:  VA home loan bankruptcy rules are found in Chapter 4 of the VA Handbook.

How do lender overlays affect getting a VA home loan after a bankruptcy?

A:  Many lenders have rules over and above what the VA requires. These rules are called lender overlays.

Take the 30 second mortgage quiz to see if you qualify

What is the best way to find a lender that can approve a VA home loan after bankruptcy?

A:  The best way to find a lender who can approve a VA home loan after bankruptcy is to apply through a mortgage broker.

How is the waiting period determined after a Chapter 7 bankruptcy for VA home loan eligibility?

A:  The waiting period on a Chapter 7 bankruptcy begins on the discharge date.

How is the waiting period determined after a Chapter 13 bankruptcy for VA home loan eligibility?

A:  The waiting period on a Chapter 13 bankruptcy begins on the bankruptcy filing date.

Where are you licensed?

I can originate VA mortgage loans anywhere that I’m licensed.

I’m licensed in Alabama, Arkansas, Arizona, California, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Michigan, Missouri, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South CarolinaTennessee, Texas, Virginia, and Washington.

Additionally, our team can originate mortgages in several additional states through our corporate referral program.

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