FHA vs Conventional After Bankruptcy
FHA seasoning rules are materially shorter than conventional. A Chapter 7 borrower can buy with FHA at 2 years post-discharge; conventional typically requires 4. Chapter 13 has its own rules favouring FHA further.
Verdict
FHA, almost always, until conventional seasoning periods are met. After year 4 from a Chapter 7 discharge, run the standard FICO/LTV comparison.
Seasoning matrix
| Bankruptcy event | FHA | Conventional (Fannie/Freddie) |
|---|---|---|
| Chapter 7 discharge | 2 years | 4 years (2 with extenuating circs) |
| Chapter 13 discharge | 1 year into plan with trustee approval | 2 years from discharge |
| Chapter 13 dismissal | 2 years from dismissal | 4 years from dismissal |
| Multiple BK filings in 7 years | 5 years from most recent discharge | 5 years from most recent discharge |
Credit re-establishment standards
Both programmes require credit re-establishment after the waiting period. Typical lender expectations:
- 3 to 5 active tradelines (credit cards, auto loan, secured card) for at least 12 months
- No late payments since discharge
- FICO rebuild to 580 minimum for FHA, 620 for conventional
- Written explanation of the bankruptcy cause and remedy
- For extenuating-circumstance shortened waits: documentation of job loss, divorce, major medical event, or natural disaster
Chapter 13 specifics
FHA permits purchase 1 year into a Chapter 13 plan with the trustee's written approval, all required payments made on time for 12 months, and the lender's underwriting confirmation that the borrower can take on the new mortgage payment. Conventional generally requires the Chapter 13 to be fully discharged with 2-year seasoning, which means waiting 5 to 7 years from the original filing.
Extenuating circumstances
Both Fannie and FHA permit waiting-period reductions when bankruptcy was driven by an extenuating event outside the borrower's control. Documentation typically includes a letter of explanation, supporting third-party records (employer termination notice, hospital bills, divorce decree, FEMA disaster declaration), and proof of subsequent credit recovery. With extenuating circumstances, Fannie Chapter 7 may shorten from 4 years to 2 years.
Rate disclaimer
Lender overlays often extend the published seasoning periods by 1 to 2 years. Talk to multiple lenders to find one without an overlay. Consult a licensed loan officer or HUD-approved housing counsellor.
Sources
- HUD Handbook 4000.1 Section II.A.5.a.iii (Bankruptcy): HUD 4000.1
- Fannie Mae Selling Guide B3-5.3-07 (Significant Derogatory Credit): selling-guide.fanniemae.com
- Freddie Mac Seller Guide 5202.5 (Significant Derogatory Credit): guide.freddiemac.com
- CFPB on rebuilding after bankruptcy: consumerfinance.gov
Related: After foreclosure | 600 FICO