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How long after a foreclosure can I buy a house?

By AAA Capital Funding, Inc.Reviewed by Jason J. Sarji, NMLS #374700Updated October 21, 20263 min read
Short answerThree years with FHA, measured from the date the foreclosure was completed, and FHA uses the same 3 years after a deed in lieu or short sale. USDA also uses 3 years, VA lenders generally look for 2, and Conventional loans wait 7 years, or 3 years with documented extenuating circumstances and at least 10% down.

With an FHA loan, you can buy again 3 years after a foreclosure is completed. The exact wait depends on the loan program and on which date counts as the completion, and in Florida that date usually lands well after the first missed payment.

Waiting periods by program

ProgramWait after a foreclosureOther rules
FHA3 years3 years after a deed in lieu or short sale too; no wait after a short sale if every mortgage and installment payment was on time for the 12 months before it
USDA3 years (36 months)Measured from when the foreclosure was completed
VAAbout 2 years at most lendersA loss on a prior VA loan reduces entitlement until it's repaid
Conventional (Fannie Mae)7 years3 years with documented extenuating circumstances, a 90% maximum loan-to-value and a home you'll live in; 4 years after a deed in lieu or short sale, or 2 with extenuating circumstances

FHA's rules come from HUD Handbook 4000.1. HUD can make an exception to the 3 years when documented extenuating circumstances, such as a serious illness or the death of a wage earner, caused the foreclosure and you've reestablished good credit since. A deed in lieu means handing the home back to the lender instead of going through the court case. A short sale means the lender agreed to a sale for less than the loan balance.

Which date starts the clock in Florida

Florida forecloses through the courts. The lender files a lawsuit, the court enters a final judgment, the county clerk holds a sale, and after the sale the clerk issues a certificate of title to the winning bidder under Florida Statutes 45.031. Lenders measure the waiting period from the date the foreclosure was completed, which in Florida usually means that certificate of title, the point where ownership changed hands.

A Florida foreclosure case can run a year or more, so the completion date is often much later than the date you moved out or stopped paying, and the clock starts from that later date. Get it from the certificate of title, the county clerk's online docket or your credit report.

A worked example, month by month

The certificate of title on a buyer's old home was issued 38 months ago.

ProgramRequired waitMonths since completionEligible today
FHA36 months38Yes, 2 months past the mark
USDA36 months38Yes
VAAbout 24 months at most lenders38Yes
Conventional84 months3846 more months, or now with extenuating circumstances and 10% down

The buyer earns $5,500 a month, pays $450 a month on other debts, has rebuilt to a 615 score and wants a $310,000 single-family home in Pasco County. With FHA at 3.5% down and a 5.75% rate on a 30-year fixed:

  • Down payment: $10,850
  • Total loan with the 1.75% upfront premium: $304,385.13
  • Principal and interest: $1,776.31
  • Mortgage insurance at 0.55% a year: $137.11
  • Taxes at 0.90% a year: $232.50
  • Insurance: $250.00
  • Total payment: $2,395.92

That's 43.6% of income for housing and 51.7% with the other debts, inside FHA's 46.9% and 56.9% limits. Two months past the 3-year mark, this buyer qualifies for the home.

Getting ready while the clock runs

  • Rebuild with new accounts. Two or three accounts paid on time, with card balances kept low, give the underwriter a fresh record to approve.
  • Line up the down payment. FHA lets family gift the whole 3.5%, and FHA 100% financing can cover it with a down payment assistance second from a 580 score.
  • Track the completion date. Have us pull credit a month or two before you're eligible so the approval is ready when the day comes.
  • Keep the paperwork on hardship. If a serious illness, a death in the family or another event outside your control caused the foreclosure, those documents can shorten the wait on FHA and Conventional.

Call AAA Capital Funding at 888-601-8344 with the date on your certificate of title. We'll count the months for every program and use the affordability calculator to set your price for the day you're eligible.

Terms on this page: Foreclosure waiting period, Loan-to-value ratio, Gift funds

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What buyers ask next

Does a short sale have a shorter wait than a foreclosure?
On Conventional, yes: 4 years after a short sale or deed in lieu, against 7 after a foreclosure. On FHA it's 3 years either way, and FHA allows a short sale with no wait if every mortgage and installment payment was on time for the 12 months before the sale.
Can I use a VA loan again after a VA foreclosure?
Yes, though entitlement lost in the foreclosure isn't restored until VA's loss is repaid. Your remaining entitlement can still buy a home, and we check the numbers on your Certificate of Eligibility.
What counts as an extenuating circumstance?
A one-time event outside your control that caused a sudden, lasting drop in income or a sharp jump in expenses, such as a serious illness or the death of a primary wage earner. You'll need documents showing what happened.

Sources

  1. HUD Handbook 4000.1, Single Family Housing Policy Handbook
  2. Fannie Mae Selling Guide B3-5.3-07, Significant Derogatory Credit Events: Waiting Periods and Re-establishing Credit
  3. USDA HB-1-3555 Chapter 10, Credit Analysis
  4. VA Lenders Handbook M26-7, Chapter 4, Credit Underwriting
  5. Florida Statutes 45.031, Judicial sales procedure

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