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Can I get a VA loan after foreclosure, short sale or bankruptcy?

By Kyle Melvin · NMLS #1486450 · REV Mortgage ·

Short answer

Yes, and the wait is shorter than most people expect. VA treats a foreclosure, short sale or deed in lieu as generally acceptable two years later with re-established credit, a Chapter 7 bankruptcy two years after discharge, and a Chapter 13 after twelve months of on-time plan payments with the trustee's permission — and lenders can go shorter with documented extenuating circumstances. The catch is entitlement: if the home you lost had a VA loan and VA paid a claim on it, the entitlement used on that loan is gone until you repay VA, and your next purchase runs on what remains.

VA is the most forgiving major loan program after a financial disaster, and it is also the one where the disaster can follow you in a way nobody warns you about. Both halves matter.

The waiting periods

VA's Lenders Handbook gives lenders these standards, and most lenders apply them without an overlay:

  • Foreclosure, short sale, deed in lieu — generally acceptable after two years if you have re-established good credit since. Within two years, the lender can still approve if the cause was beyond your control and your credit has been clean after it.
  • Chapter 7 bankruptcy — two years from the discharge date. Between one and two years, approvable if the bankruptcy was caused by circumstances beyond your control and your credit since has been satisfactory.
  • Chapter 13 bankruptcy — approvable while still in the plan after twelve months of on-time payments, with the trustee's or the court's written permission to take on the new debt. A completed plan counts as re-established credit from the date it was completed.

"Re-established credit" is the phrase doing the work in each line. It means new accounts, paid on time, since the event — not just the absence of new problems. A borrower with no credit activity at all since a foreclosure has a harder file than one with a car loan and two cards paid on time for eighteen months.

The entitlement problem

This is the part the two-year guides skip. If the home you lost was financed with a VA loan and VA paid the lender a claim under its guaranty, the entitlement you used on that loan is not restored until you repay VA the amount of the claim. Your Certificate of Eligibility will show it as used.

You are still eligible. What changes is the arithmetic: your next VA loan uses whatever entitlement remains, and if that is not enough to guarantee the new loan with no down payment, you put down 25% of the shortfall. The second-tier entitlement page walks through the calculation and the calculator runs it for your county. In a high-cost county with a modest old loan the remaining entitlement can still carry a real purchase. With a large old loan it may not, and the honest answer is a down payment or repaying VA first.

If the foreclosed loan was not a VA loan, none of this applies — your entitlement was never on it.

Debts to the government

Before a VA loan closes, the lender runs CAIVRS, the federal database of delinquent government debt. An unpaid VA claim, a defaulted federal student loan, or federal taxes owed without a payment plan will show there and has to be paid or in an approved repayment arrangement before closing. Ask the lender to run it at pre-approval. The foreclosure and bankruptcy page covers what documentation VA wants for extenuating circumstances, and the credit page covers how lenders read the file after the waiting period has passed.

What to do now

If the event is behind you, get the COE pulled — it is the fastest way to learn whether entitlement is an issue — and have a loan officer read the credit report against the standards above rather than guessing at the date. If you are still inside the waiting period, the most useful thing you can do is open and pay a small account or two on time; that is what "re-established" means, and it is what the lender will be looking for on the day you are eligible.

Questions people also ask

Does a foreclosure on a VA loan block me from another VA loan?
Not permanently, but it changes the math. If VA paid the lender a claim on the foreclosed loan, the entitlement charged to that loan is not restored until you repay VA the amount of the claim. You can still buy with the entitlement that remains, with a down payment if it is not enough, and the second-tier calculation shows how much.
What if I still owe VA money from the old loan?
An outstanding debt to the federal government — a VA claim you have not repaid, a defaulted federal student loan, unpaid federal taxes without a payment plan — has to be resolved or in an approved repayment plan before a new VA loan closes. Ask the lender to check CAIVRS early; it is the database that flags federal debts, and finding one at closing is the worst time.
Do I have to wait the full two years?
Not always. If the event was caused by something outside your control — a job loss, a medical event, a death in the family — and your credit has been clean since, VA lets the lender approve sooner with documentation. Lenders vary in how readily they use that discretion.
Does a short sale count as a foreclosure?
VA treats a short sale, a deed in lieu and a foreclosure the same way for credit purposes: two years, re-established credit, extenuating circumstances considered. On a VA loan a short sale is called a compromise sale, and if VA paid a claim on it the entitlement consequence is the same as a foreclosure.

Apply with Kyle

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