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FHA after ex-spouse's foreclosure (Regulation 4155.1 4.C.2.f exception)

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Hi everyone,

long story here, but in short, the exception in the headline is my exact situation.

My wife's house she shared with her ex-husband went into foreclosure August 2009 (Sheriff's Sale.)  In their divorce decree, dated November 2008, the property was given to him, solely.  Obviously, he didn't refinance her off the loan.  At this time the loan was current.  I tried in vain to obtain a mortgage in late 2009 and again in early 2010, but was unable because of his foreclosure, and Nevada being a community state.  So, I can't obtain a mortgage without her credit being considered, and by the letter of the law the foreclosure is hers.

Fast forward, and I read on these advice boards about this exception to the foreclosure three year wait.  Without this foreclosure issue, we look good - my middle score 710, her's 634, household income this year was 140K, back end DTI ratio of 30%, looking to spend in the area of 180K.  I feel like we should be in good shape (I'm biased of course), but right now we'll need to exercise that exception to get it done.  Worst case scenario is we wait until the end of the year until the foreclosure is three years old anyway, but I'd rather get it done before the start of the school year, holidays, etc.

Has anyone, realtor, lender, whatever, been involved in a case where this exception was successfully executed?  What should I do to make sure an underwriter takes this into consideration?

Thanks in advance for any help,

Dennis
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January 06 - Sparks
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Answers (1)

Contact PRMG Lending 

I know they can do this scenario on a wholesale basis in California; unsure about retail in Nevada but it's worth a shot. 

Mortgage had to be current and in good standing at the time of divorce and documentation is needed.
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January 06
 

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