We are in the process of going thru an approved short sale and have a buyer and deal on the table. In the

Stephanie
Home Seller
Michigan

interim, we have been preapproved for another mortgage and are wondering about any legal implications. We did not withhold any information from the new lenders - they knew our home was for sale and were still able to get us qualified. DO WE HAVE TO WAIT A CERTAIN PERIOD OF TIME BEFORE WE CAN BUY ANOTHER HOME? And ARE THERE NEW LAWS OUT THERE THAT THIS WOULD LOOK LIKE MORTGAGE FRAUD? Help! Confused in Michigan....

Answers (2)
Brian Luck
Agent
Chesterfield, MI

I agree with Tony; I don't know the details of your new lender, but if the pre-approval was based on a "zero-net" from your existing home sale, and the lender is reputable; if the preapproval has an extended "good through" date, etc. and you already have another home lined up to purchase. it may work out. I think the odds are against you, however, in the event the underwriters for your new loan question the situation and/or pull an updated credit report prior to closing... it really is a "wait and see" crapshoot like Tony mentioned... and one that you will have to decide if you are willing to take. I would absolutely have a back-up plan...

Web Reference: http://www.brianluck.com
Fri Nov 14 2008, 03:28
Tony Grech
Mortgage Broker
or Lender

48170
FIRST ANSWER

Stephanie,
The only thing I can think of is if your new lender updates your credit report prior to closing and it shows a short sale or if your scores are affected by the short sale it may hamper your chances. I do believe that most underwriters consider a short sale almost as bad as a foreclosure, however if you have a good explanation such as a job transfer you'll probably be OK. If it's a short sale just because you overbought (financial mismanagement) then you may have problems. You'll probably just have to wait and see

Thu Nov 13 2008, 09:46

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