FHA Loans With Judgments

HUD Guidelines on FHA Loans With Judgments


In this guide, we will cover qualifying for FHA loans with judgments. Purchasing a house can present significant challenges for many prospective homeowners, particularly when faced with financial setbacks. One of the most common obstacles in many borrowers’ credit reports is judgments, a significant hindrance to anyone planning to apply for a conventional loan. Homebuyers can qualify for FHA loans with judgments as long as the borrower has a written payment agreement with the judgment creditor, says John Strange, a senior loan officer at Mortgage Lenders For Bad Credit who is an expert in helping borrowers approved for FHA loans with judgments:

Homebuyers and homeowners can qualify for FHA loans with judgments. Borrowers can pay the judgment off at closing or enter into a written payment agreement and make three timely payments to the judgment creditor.

The United States Department of Housing and Urban Development (HUD), the parent of The Federal Housing Administration (FHA), offers a potential solution for those seeking homeownership through its FHA loan program. While judgments can still pose challenges, understanding the HUD guidelines and how they address judgments is crucial for prospective borrowers. This article will explain the HUD considerations and guidelines associated with getting approved for FHA loans with judgments.

HUD Guidelines on FHA Loans with Judgments

When discussing FHA loans with judgments, it is important to familiarize yourself with HUD agency mortgage guidelines. HUD has specific guidelines and eligibility requirements for FHA loans with judgments.  However, remember that these are the minimum HUD agency mortgage guidelines. Individual lenders may have additional requirements or variations called lender overlays. Therefore, it is essential to consult with lenders with no overlays on judgments, advises Alex Carlucci, senior loan officer at Mortgage Lenders For Bad Credit:

HUD guidelines require borrowers to either have satisfied the judgment or enter into a written payment agreement with the judgment creditor.

In most cases, HUD requires borrowers to have paid off or satisfied any outstanding judgments before being eligible for FHA loans with judgments. If so, it is essential to retain documentation as evidence of the judgment’s resolution, whether through full payment or establishing a repayment plan. All in all, you must provide evidence of satisfaction or release of judgment.

Can You Qualify for FHA Loans With Judgments?

Repayment plans – other than paying off the judgment in total, some lenders would accept an FHA loan application if a borrower has entered into a repayment plan with the creditor. The lender assesses the plan terms, the borrower’s payment history, and the ability to make required monthly payments on time.  Dale Elenteny, a senior loan officer experienced with helping borrowers get approved for FHA loans with judgments, advises the following::

Settling the outstanding judgment is when you strive to negotiate a settlement with the judgment creditor. Under the agreement, you might be required to pay a reduced amount to satisfy the judgment. In such a scenario, the lender can view the agreement favorably, even though it depends on the individual lender’s policies.

It is important to remember that not all lenders have guidelines that accept repayment plans. Therefore, it is essential to consult with the lenders to verify their acceptance of such arrangements. Minimum payment requirements – even if you have a repayment plan in place, lenders typically require a minimum number of payments on the judgment before approving you for an FHA loan. The specific requirements might vary among lenders, making it important to understand the lender’s specific criteria beforehand.

Can You Get Approved For FHA Loans With Judgments

It is essential to note that unpaid judgments can present challenges when qualifying for a loan. Many lenders typically require full or partial payment of the judgment before considering your loan application. Secondly, the unpaid judgments will likely create a lien on the purchased property, which many lenders want to avoid at all costs. Lastly, staying informed about any updates or changes to FHA loan guidelines and requirements is essential as they may evolve. It is advisable to seek guidance from lenders or mortgage professionals to obtain the most accurate and up-to-date information regarding FHA loans with judgments.

Uncovering Options for Borrowers with Unpaid Judgments

As previously mentioned, borrowers with unpaid judgments usually have a more challenging time qualifying for any mortgage, not just FHA loans, given that many lenders see this as a sign of financial trouble and, therefore, a higher risk of default. So, if you still have unpaid judgments in your credit report, there are a few options that you can explore, including paying off the judgment – this is the most straightforward option, where you need to pay off the judgment in full before sending your application. When you fully satisfy the judgment, you can eliminate the potential lien on your property and demonstrate to the lender that you are becoming
financially responsible.

Enter Into Written Payment Agreement With Judgment Creditor

Enter into a repayment plan – while it can be more challenging, some lenders may consider the loan application if a borrower has entered into a repayment plan with the judgment creditor. As we mentioned, the lender will assess the repayment plan terms, your payment history, and your ability to make the required payments. However, lenders differ in their willingness to approve loans with repayment plans, so discussing this option with potential lenders is essential.

Statute of Limitations on Judgments

Wait for the judgment to expire – last but certainly not least, judgments typically have a limited lifespan, after which they may no longer appear on your credit report or even have a legal impact. While the expiration period varies from one jurisdiction to the next, it can range from a few years to several decades. Dale Elenteny of Gustan Cho Associates shares the following about statute of limitations on judgments:

Statute of limitations on judgments depends on the state the judgment was rewarded. Most states have statute of limitations for ten to twenty years but the judgment creditor can renew the judgment for another ten or twenty years.

Once the judgment expires, it may no longer be a barrier to obtaining the FHA loan. While these options exist, we will insist that individual FHA lenders may have their requirements and criteria for unpaid judgments. Some lenders are more flexible in considering loan applications under these kinds of situations, more than others. Therefore, it is crucial to research and evaluate thoroughly
different lenders before deciding to secure the best possible deal.

Understanding Different Perspectives on Judgments

There are exceptions where judgments might be considered from a different light by lenders when you apply for FHA mortgages. Here are a few examples: Medical judgments – for starters, HUD recognizes that medical debt can be substantial and that it mostly arises from unforeseen circumstances and is largely unavoidable. For this reason, medical judgments are sometimes excluded from the borrower’s debt-to-income ratio calculations, especially if the borrower can provide documentation proving that debts under the judgment were incurred due to some needed medical treatment.

Identity Theft Related Judgments

Identity theft-related judgments – if the judgment results from identity theft or fraudulent activity, the FHA may make exceptions. However, you have to prove beyond any reasonable doubt through valid documentation that the identity theft claim took place and the appropriate measures you took to rectify the situation. Payment arrangements and evidence of three monthly payments are required to qualify for FHA loans with judgments, says John Strange of Mortgage Lenders For Bad Credit:

Suppose the borrower has established a payment arrangement with the judgment creditor and can demonstrate a track record of regular payments over a designated period. In that case, certain lenders may view the borrower’s repayment efforts positively.

However, please note that this may also vary from lender to lender. Please note that these circumstances are evaluated case by case, which means the final decision is ultimately up to the lender. The lenders can consider other factors, such as your overall credit profile, to determine how financially responsible you are. When faced with such circumstances, it is crucial to communicate the situation with your lender.

Importance of Timely Payment In the Past 12 Months

Establish a positive payment history – even if the judgment paid off, you may also want to establish a positive one moving forward. So, you must ensure that your monthly payments, including the remaining debt and obligations, are made on time. This way, you will rebuild your credit, showing the lenders that you can manage your finances responsibly.

If you have a judgment on your credit report and want to enhance your eligibility for an FHA mortgage, there are various measures you can undertake. Satisfy the judgment – as mentioned earlier, this is the most effective way to improve your credibility. You need to satisfy the judgment based on the terms agreed upon with the creditor, demonstrating to the lenders that you have taken responsibility for the debt, thereby reducing the risk associated with the judgment.

How To Build a Solid Credit Profile For FHA Loan Approval

Build a solid credit profile – a judgment usually negatively impacts your credit score, so you may want to start working to improve your overall credit profile to increase your chances of success. This involves ensuring timely bill payments, reducing credit card balances to a minimum, and avoiding new credit inquiries, among other activities. Over time, these positive credit behaviors will be able to offset the impact of the judgment on your creditworthiness. Marga Jurilla, the National Operations Manager at Mortgage Lenders For Bad Credit, explains credit repair:

You do not need a credit repair company to rebuild your credit. Loan officers can offer guidance tailored to your specific case and evaluate their policies to determine if any exceptions may apply. Most loan officers are experts in helping you rebuild and maximize your credit scores. Your lender will be a valuable resource in navigating through challenging circumstances and finding suitable solutions.

Save for a larger down payment – normally, FHA loans require a 3.5% down payment to qualify. But increasing the amount meant to cover the down payment will likely compensate for a less-than-perfect credit history. Saving for a larger down payment demonstrates financial discipline and reduces the loan-to-value ratio, making your loan application more appealing to lenders.

How To Get Approved For FHA Loans With Judgments

In conclusion, having a judgment on your credit report can hinder anyone seeking to apply for an FHA mortgage, thereby making the journey to homeownership a lot more challenging than it needs to be. However, with the guidelines and considerations outlined in this article, you can explore your options and then take proactive steps toward achieving your homeownership dreams. You must remember that these guidelines and considerations vary from lender to lender, so you must conduct thorough research for the best deal. Ultimately, it would help if you also worked closely with financial experts and lenders to determine the best course of action based on your circumstances.

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