Fixing CAIVRS Report w/ a Divorce

CAIVRS and Divorce

CAIVRS and Divorce

If you are reading this, you probably know a CAIVRS report impacts your FHA, VA or USDA mortgage approval.  You are also probably in search of an exception to a CAIVRS hit.  Congratulations, you have landed in the right place.

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Team@JeremyHouse.com
602.435.2149

CAIVRS – What Exactly is it?

In short, a CAIVRS report alerts a mortgage lender that a borrower is delinquent or default on other government insured debt.  For example, another Federal insured mortgage or student loan.  Typically, a CAIVRS hit is final.  It tells a mortgage lender the loan applicant is ineligible for an FHA, VA or USDA home loan.  Eligibility is restored when the issue that triggered the CAIVRS hit gets resolved.

CAIVRS is a screening tool for the US Government.  The report alerts creditors and tells them to halt on issuing new credit due to the borrower’s other defaulted Federal debt.   Makes sense right?  What about those with an ex spouse that ignored a federal debt that was once a joint debt during marriage?

Flexibility for CAIVRS and Divorcee’s

Commonly, the US government operates in a black and white manner.  In fact, the Fed reminds me of Uncle Pauly in “Goodfellas”.  As Ray Liotta explains what being business partners with Pauly means he says “no matter what happens … you pay me!”

However, when it comes to a CAIVRS hit there is a less mob like approach for those that have gone through divorce.  After divorce, it’s common for one ex to miss payments on a debt that was once a joint debt during marriage.  In addition, one ex could short sell or foreclose on a previously joint Federally insured mortgage.  Previously joint debts remain on both ex’s credit long after divorce.

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Team@JeremyHouse.com
602.435.2149

One Ex Causing CAIVRS Trouble for the Other Ex

A previously joint Federally insured debt awarded to one ex in divorce court still puts both ex’s at risk of a CAIVRS hit in the event of default.  For example, if the ex deemed responsible for a previously joint federally insured debt defaults – a CAIVRS hit appears for BOTH ex’s.

You see, similar to a credit report, a CAIVRS report has no idea what debt the courts awarded to who.  As a result, even though the court awarded the federally insured debt to one ex it can still come back to haunt both.  Why?  Unless refinanced post divorce, the defaulted federal debt remains on both ex’s credit report post divorce.  In addition, both ex’s names remain on the NOTE for the debt.

Mortgage Exception to Divorce Related CAIVRS

In the case of a divorce, the ex applying for a new mortgage has an option.  Lenders will make an exception and overlook the CAIVRS hit if 2 facts are documented.  That means a loan applicant can close on a new FHA, VA or USDA loan even with a hit on their CAIVRS report.  The borrower must prove and document 2 key facts:

  1. Divorce occurred before the debt started to default
  2. The debt was legally awarded to the ex not applying for a home loan

Apply for a Home Loan
Team@JeremyHouse.com
602.435.2149

Who Makes the CAIVRS Divorce Exception?

Ultimately, FHA, VA and USDA leave the exception up to the lender originating the new home loan.  Therefore, an almighty Underwriter makes the final decision.  However, your loan officer will screen this for you during your pre-approval.  If not, move to a lender that will.  Rolling the dice with a CAIVRS and a home loan is not a good gamble.

By Jeremy House
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Comments

  1. Dashanne Mason says:

    My house was sold in a short sale last year. It was awarded to my ex in a divorce. She move out so I did a quit claim in order to sell with out her permission. I was able to get my name suppressed from caivrs. Will I be able to get another loan since it havent been 3 years from the short sale.

  2. Pat in Alabama says:

    Hi Jeremy. I have read your info on CAIVRS. My question is what is the different in an FHA Title 1 loan? And you find out that you are still on CAIVRS when a claim was paid 20 yrs ago.
    I have contacted the representative and he said that it will be on there another 10 to 20 years if I do not pay. My issue with this is there is a time frame for this CAIVRS. But because the government is soooo understaffed, this rep will not remove it and is just being anal, because he can. I have been trying to contact his boss, but to no avail. I really think that this is just ridiculous.
    People who default on a home loan can buy another house after 3 years. How is non removal okay in my case?
    So disappointed.
    Thanks in advance.

Trackbacks

  1. […] a borrower is default on Federal Debt, they cannot obtain a new home loan except for in some extenuating circumstances.  Borrowers without defunct Federal Debt produce a blank CAIVRS.  In other words, a blank report […]

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