As you indicated in your question, you don't need to have the BK discharged at time of application, you would just need the court's permission, which I guess is what you're trying to sidestep? Don't know what your time frame is, but you may be waiting a bit for the court to issue the discharge.
As long as your husband is fine with waiving his homestead rights, which he does have since you guys are still technically married, then you should be fine with qualifying on the new loan by yourself. Most underwriters may want a notarized separation agreement to make sure you don't plan on having any spousal support or maintenance, but I assume that shouldn't be an issue.
I believe AFR Wholesale will do this scenario, you just need to find a broker that uses AFR Wholesale in your area.
Yes, it appears that there are extenuating circumstances to justify a move, but of course, it's always up to the discretion of an underwriter. It helps if there are other factors necessitating the move, i.e., larger space, closer to work, if you've already moved out and have it rented, etc. A divorce alone may not be sufficient justification to buy another primary residence within the 12 month period.
Kbean515,I dealt with a scenario similar to your situation fairly recently. If you were able to rent out your existing place for at least a year and report it on your next tax return, most underwriters, using Fannie Mae guidelines, should use the rental income to offset your mortgage liability to help your qualifications on the new place. You can then reserve your assets to use towards the down on the new place. I'm hesitant to advise anyone to use assets to pay down existing mortgages because you are still subject to a lot of factors (i.e., appraised value and needing 30% equity with a rent schedule) that could prevent you from being able to use any rental income on your old residence. Underwriters will always give more weight to actual income reported on your IRS tax returns. Hope that helps...
You'll need to be more specific; is it for a refinance or purchase? Refinances have lower fees because you won't be dealing with the same number of third parties, so you can even get a low to no closing cost refinance. But purchases will certainly be higher because those third parties will be on the higher end.
If you're looking to compare lender fees, which are the only things a lender will have any control over anyway, then it will be the top three fees you should be concerned with (admin, appraisal, credit). Those seem a touch high, but not too bad. The rest of the fees are determined by third parties or local tax requirements, and they look pretty reasonable. They'll certainly be different by the time you close...usually lower.
It's all about what Fannie Mae or Freddie Mac automated underwriting say. Sounds like it should work as long as you have credit scores.
FHA would be your soonest after a bankruptcy at 2 years from discharge. However, the bigger concern is the foreclosure. When exactly did that get settled (i.e., sheriff's deed or bank sale?)?
HUD is probably just having someone review the details of your loan to make sure that they will actually insure it, which is what your lender requires to close on the loan. HUD usually does this post closing, but since the underwriter on your file has gotten spooked, they're getting pre-clearance before they actually fund the loan.