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VA Credit Guidelines


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VA Credit Guidelines
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An underwriter looking a VA loan will look at the applicant's past repayment practices on obligations as these are the best indicator of his or her willingness to repay future obligations. They will place emphasis on the applicant's overall payment patterns rather than isolated occurrences of unsatisfactory repayment. An underwriter must determine whether the applicant (and spouse, if applicable) are satisfactory credit risks based on a careful analysis of the credit report and other credit data.

Rent and Mortgage Payment History

The applicant's rental history and any outstanding, assumed, or recently retired mortgages must be verified and rated.

Housing expense payment history is often the best indicator of how motivated the applicant is to make timely mortgage payments in the future.

Absence of Credit History

For applicants with no established credit history, base the determination on the applicant's payment record on utilities, rent, automobile insurance, or other expenses that applicant has paid.

Absence of a credit history is not generally considered an adverse factor. It may result when

  • recently discharged veterans have not yet developed a credit history
  • applicants have routinely used cash rather than credit, and/or
  • applicants have not used credit since some disruptive credit event such as bankruptcy or debt proration through consumer credit counseling.
In these cases, develop evidence of timely payment of non-installment obligations such as rent and utilities since the disruptive credit event.

Accounts in the Spouse's Name

Under ECOA -- Upon the applicant's request, the lender must consider any account reported in the name of the applicant's spouse or former spouse that the applicant can demonstrate accurately reflects the applicant's creditworthiness.

Consideration of the Spouse's Credit History

ECOA prohibits requests for, or consideration of, the credit of a spouse who will not be contractually obligated on the loan except
  • if the applicant is relying on alimony, child support, or maintenance payments from the spouse (or former spouse), or
  • in community property states.
- If the property is located in a community property state, VA requires consideration of the spouse's credit (whether or not the spouse will be personally liable on the note and whether or not the applicant and spouse choose to have the spouse's income considered).

- If a married veteran wants to obtain the loan in his or her name only, the veteran may do so without regard to the spouse's credit only in a noncommunity property state.


BANKRUPTCY

The fact that a bankruptcy exists in an applicant's (or spouse's) credit history does not in itself disqualify the loan. Develop complete information on the facts and circumstances of the bankruptcy. Consider the reasons for the bankruptcy and the type of bankruptcy filing.

Bankruptcy Filed Under the Straight Liquidation and Discharge Provisions of the Bankruptcy Law

You may disregard a bankruptcy discharged more than two years ago.

If the bankruptcy was discharged within the last one to two years, it is probably not possible to determine that the applicant or spouse is a satisfactory credit risk unless both of the following requirements are met:
  • The applicant or spouse has obtained consumer items on credit subsequent to the bankruptcy and has satisfactorily made the payments over a continued period, and
  • the bankruptcy was caused by circumstances beyond the control of the applicant or spouse such as unemployment, prolonged strikes, medical bills not covered by insurance, and so on, and the circumstances are verified. Divorce is not generally viewed as beyond the control of the borrower and/or spouse. If the bankruptcy was caused by failure of the business of a self-employed applicant, it may be possible to determine that the applicant is a satisfactory credit risk if
  •  
    • the applicant obtained a permanent position after the business failed
    • there is no derogatory credit information prior to self-employment
    • there is no derogatory credit information subsequent to the bankruptcy, and
    • failure of the business was not due to the applicant's misconduct.
If a borrower or spouse has been discharged in bankruptcy within the past 12 months, it will not generally be possible to determine that the borrower or spouse is a satisfactory credit risk.

Petition Under Chapter 13 of the Bankruptcy Code

This type of filing indicates an effort to pay creditors. Regular payments are made to a court-appointed trustee over a two to three year period or, in some cases, up to five years, to pay off scaled down or entire debts.

If the applicant has finished making all payments satisfactorily, the lender may conclude that the applicant has reestablished satisfactory credit.

If the applicant has satisfactorily made at least 12 months' worth of the payments and the Trustee or the Bankruptcy Judge approves of the new credit, the lender may give favorable consideration.