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Good credit, but bad scar on report, how to answer lenders inquiry?

Profile picture for rigit

My wife and I have always had excellent credit.  we have a 15 year mortgage.  now that she is a stay at home mom, its tough on one income.  we would like to refinance to 30 years and take advantage of the lower rates. However we got in a situation after katrina with a house at an inflated price that we later could not sell after the market settled.  we worked with our lender to short sell it, but at the time did not make the payments for about 5 months.  eventually the bank took ownership of the property.  what is reported on our credit report is neither a foreclosure or a short sale.  it just shows 5 months of no payment.  And our credit still is decent (720 and 740).  But the couple times I tried to refinance, once asked about those missing payments, I explain the situation to the lender and they decide to not help me.  So, what is the appropriate response to thier inquiry?  I really want to refi and lower our notes.

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September 14 2011 - Hurley

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Profile picture for ShaneTheMortgageMan
The interest rates you see/hear advertised are almost always Fannie Mae & Freddie Mac loan programs (collectively these are called "conforming" loan programs), however FHA financing also has just as low of interest rates (same with VA & USDA, if you are eligible for either of those).

When a bank takes ownership of a property they had a mortgage on which wasn't paid/was in default it's called a foreclosure.  It doesn't actually need to say that on your credit report, but that is what it is.  In order to apply for FHA financing you'll need to wait 3 years from the foreclosure (when the bank took back the home), and for Fannie Mae/Freddie Mac financing it'd be 7 years.  The exception is if the foreclosure was due to an extenuating circumstance (situation beyond your control, usually related to medical, but can also extend to other non-recurring events that have resulted in a sudden, significant, prolonged reduction in income or a huge increase in financial obligations) - then FHA financing just needs 1 year and Fannie/Freddie financing will be OK with 3 years.

Another situation similar to that is a deed-in-lieu of foreclosure, where you give the bank back the title of the home in lieu of them foreclosing on you... but the bank doesn't take it in that situation, you give it to them.  In that situation FHA still considers it the same severity as a foreclosure, but conforming financing considers it differently, and only requires 2 years from that event (no matter if it was due to extenuating circumstances or not).

So to answer your question, your appropriate response to their information would be to call up your mortgage company that held the mortgage on the home that was taken back from you and ask if they foreclosed on it or if you did a deed-in-lieu of foreclosure - then you will know what situation you are dealing with.
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September 14 2011
 
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DiscussionGood credit, but bad scar on report, how to answer lenders inquiry?
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