Buying A House After Chapter 7 Bankruptcy
If you had a bankruptcy discharged a year ago or more, you might be starting to get your finances back in order. Maybe youre even thinking about buying a house.
The good news is that its possible to purchase a home following a Chapter 7 or Chapter 13 bankruptcy.
But theres a waiting period before you can take out a mortgage usually at least two years. And lenders will be looking closely at your credit score, credit reports, bankruptcy discharge details, and other factors to ensure you qualify.
Tread carefully after bankruptcy and take steps to improve your credit. With hard work and patience, youll eventually be able to get a home loan.
Taking Out A Conventional Loan After Bankruptcy
Some consumers might want to wait to take out a conventional mortgage after bankruptcy. They may not be able to qualify for FHA, USDA, or VA loans. In this case, the waiting period is going to be a little longer. Conventional loans arent backed by any government organizations. This means that lenders are relying on the borrowers credit score alone to mitigate risk.
A borrower with a bankruptcy and foreclosure on his or her record may have to wait as long as seven years to qualify for a conventional mortgage. However, lenders may cut down this waiting period according to extenuating circumstances. They also may cut down this waiting period in the case of a chapter 13 bankruptcy.
Getting New Credit After Bankruptcy
Itâs actually a lot easier than most people think to get after filing a bankruptcy. Itâs not unusual for people to receive credit card offers shortly after filing bankruptcy. It makes sense when you stop and think about it – one of the factors that goes into determining how credit-worthy you are is how much other debt you are currently carrying.
Once you receive a Chapter 7 discharge, all of the old unsecured debt is gone and so you have increased your ability to pay off any new debts. You do, of course, want to be mindful of your financial situation and make sure your monthly income is sufficient before taking on any new debt. And not all creditors will be quite as quick to offer a loan, especially if itâs for a significant amount like a home purchase.
Read Also: Can You Rent An Apartment After Filing For Bankruptcy
Getting A Mortgage With A Recent Bankruptcy Less Than 2 Years
- You will need to have up to 20% down payment if your bankruptcy was less than 2 years ago
- Your credit score can be less than 600 and as low as 500
- Self employed borrowers can qualify for this loan
- Interest rates will be slightly higher than a conventional loan
- Very few lenders have this program. Let us help you
Waiting Period For Chapter 13 Bankruptcy
Chapter 13 bankruptcy waiting periods are generally shorter. For instance, after a Chapter 13 discharge, as long as youve made 12 qualifying on-time payments, youll only need to wait a day to refinance a government-backed loan.
The waiting periods to refinance after a Chapter 13 discharge are:
- FHA, VA, and USDA loans: 1 day with 12 qualifying on-time payments
- Conventional loans: 2 years
- Jumbo loans: 7 years
With conventional loans, if you dont complete the terms of your repayment plan, the court can dismiss your bankruptcy, and youll have to wait four years after that date to refinance your mortgage.
Tip:
Also Check: How Many Times Trump Filed Bankruptcy
How Foreclosure Prolongs A Mortgage Waiting Period
Sometimes a bankruptcy isnt the only financial setback a potential mortgage borrower is dealing with. The bankruptcy may have been preceded by foreclosure on a mortgage.
Having both a foreclosure and bankruptcy may prolong the mortgage process more than just a bankruptcy, and may add other requirements.
The following chart shows the length of time after a foreclosure a potential borrower may apply for a loan:
| FHA |
|
Which Are The Best Lenders For A Mortgage After A Bankruptcy
There are only a handful of lenders who offer the program and their guidelines are constantly changing. First, your personal situation and scenario will determining which bankruptcy lender is the best for you. Where the home is located will also matter because not all bankruptcy lenders are licensed in every state.
Below we will give you a few examples of some lenders who may be able to finance your loan. The good news is that we are keeping up with all of this throughout our extensive lender network. All you need to do is , answer a few simple questions and we will connect you with what we think will be the best fit.
You May Like: Chapter 13 And Apartment Lease
What Happens If I Dont Quite Qualify For Your Bankruptcy Division Program
Mortgage after bankruptcy is an obtainable goal, and we are dedicated to helping our clients purchase or refinance a home after bankruptcy. If we cant help a client immediately, we provide a path to success by working tirelessly with our borrowers to address the areas that are holding them back. Peoples Bank is here to help you reach your home ownership and mortgage goals.
Pay Your Bills On Time
A homeowner who consistently paid bills on time before experiencing a bankruptcy or foreclosure more than likely had a high score before the negative event. Accounting for 35 percent of your FICO credit score, payment history constitutes the largest factor in the score. It makes sense that consistently paying bills on time will boost your score. The reverse is also true: Late payments drag your FICO score down.
What to Do
Lenders want to see a pattern of consistent payments. Demonstrate regular, on-time payments and your score will rise relatively quickly. To stay on top of your payments, enlist the help of your computer or smartphone by setting up payment reminders on a calendar app, or use your lenders’ auto-payment features.
Read Also: How Many Bankrupcies Has Trump Had
What Are My Chances Of Getting A Mortgage After Bankruptcy
Many people are able to keep their homes when they file an Assignment in bankruptcy. When you file an Assignment in bankruptcy it is the job of the trustee to maximize the realization for your unsecured creditors. This includes your home, if there is any equity in the property. Equity is the difference between what the house is worth and what is owing on the house, such as a mortgage, property tax etc. If the value of the house is approximately equal to what is owing on the house, the trustee may allow you to keep the house and continue making the payments. Therefore allowing you to keep your mortgage after bankruptcy.
If there is some equity in your property, the trustee still may allow you to keep your home on the condition that you contribute the amount equal to what the equity is worth into your bankruptcy estate .
Additional Requirements And Assistance
It won’t come as a surprise that you’ll need to meet other criteria, tooalthough you might not realize that individual lenders could impose tougher guidelines. Even so, with persistence, it’s likely that you’ll find a bank who will be willing to work with you.
Additionally, your state could have a first-time homebuyer program to help with your down payment. With the right combination of programs, chances are you’ll be in your new house in no time.
You can find out how to rebuild your credit in Improving Credit After Bankruptcy or Foreclosure.
Self-help services may not be permitted in all states. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Do Not Sell My Personal Information
Read Also: Can You Pay A Chapter 13 Bankruptcy Off Early
What Are Fha Loans
FHA loans are mortgages backed by the Federal Housing Authority, designed for people who may have trouble getting a conventional loan because of a poor credit history or income. FHA loans have easier credit requirements and lower down payments.
Since the U.S. government backs the loans, lending institutions are more willing to offer them to applicants with poor credit scores, although the lower your credit score, the harder it can be to find a lender.
A borrower with a FICO score of 580 can qualify for an FHA mortgage with a down payment of 3.5% and someone with a 10% down payment can qualify with a 500 score. The lower the score, the higher the interest rate and the harder it may be to find a lender. While applying with a credit score less than 600 is possible, less than 2% of FHA mortgage borrowers had a credit score that low early in 2021.
The waiting period to get an FHA loan after a bankruptcy without extenuating circumstances is:
Chapter 7 Two years from the time of discharge.
Chapter 13 Two years if plan payments have been made on time and the trustee of the bankruptcy gives an OK.
Some banks have a three-year waiting period, which overrules the FHAs waiting period.
Understand How Credit History Impacts Your Fico Score
The length of your credit history accounts for 15 percent of your FICO score. The longer the history, the better for your score.
What to Do
Keep your oldest credit card accounts open! Keep your accounts open and active to show you have been a reliable account holder for a long time. You can get a complete overview of your opened accounts by requesting free credit reports from the three main consumer credit reporting agencies , which are Equifax, Experian and TransUnion. Remember the CRAs are competitors, and may collect and report different information about you.
Recommended Reading: Filing For Bankruptcy In Texas Without A Lawyer
Types Of Personal Bankruptcy
There are two common types of personal bankruptcy plans:
- Chapter 7 : With this plan, you dont have to pay back your creditors. Instead, a bankruptcy trustee liquidates your assets which may include a car, a boat, retirement accounts and any other personal property of value to pay off your debts.
Chapter 7 bankruptcies tend to work best for lower-income individuals with fewer assets. After 90 100 days, your bankruptcy is discharged. That means that your creditors have to stop trying to collect on any outstanding debt.
- Chapter 13 : You dont have to sell your property with a Chapter 13 bankruptcy. Instead, you work with the bankruptcy court and negotiate a repayment plan. Youll make monthly payments to a bankruptcy trustee for 3 5 years to settle your outstanding debts.
Once youve completed your payments, your bankruptcy is discharged. If you fail to meet the requirements of your repayment plan, your bankruptcy may be dismissed and your creditors can continue to try to collect from you.
Can I Buy A House 1 Year After Chapter 7 Discharge
In most cases, theres at least a two-year waiting period from your Chapter 7 discharge date until you can be approved for a home loan.
There are some limited circumstances in which you can obtain a loan after one year from the discharge, explains Andrea Puricelli, production resources engagement manager for Inlanta Mortgage.
But thats only if the bankruptcy was caused by extenuating circumstances beyond your control and youve since exhibited an ability to manage your financial affairs responsibly.
Such extenuating circumstances could apply if you were forced into bankruptcy due to a serious illness or major job loss or income reduction.
But in most cases, it takes more than a year to recover after declaring bankruptcy. So most home buyers will have to wait two years or more before applying anyway.
You May Like: Epiq Bankruptcy Solutions
Learn About How Mortgage Debts Are Treated In Chapter 7 And Chapter 13 Bankruptcy
By Kathleen Michon, Attorney
COVID-19 Update: Bankruptcy courts will hold 341 creditor meetings telephonically or by video appearance until 60 days after the termination of the President’s COVID-19 National Emergency Proclamation. For details, visit the U.S. Trustee’s 341 meeting status webpage or your court’s website. If you’re one of the many struggling with debt due to COVID-19, it’s best to develop a financial plan early. Learn about your options in What to Do If You Can’t Pay Bills Due to the Coronavirus or about bankruptcy for small businesses.
A major concern for most homeowners who are contemplating Chapter 7 or Chapter 13 bankruptcy is how the bankruptcy will affect their mortgage. The good news is that your mortgage company cannot raise your interest rate or change other terms of your loan to punish you for filing bankruptcy. The bad news is that some homeowners filing for Chapter 7 bankruptcy will lose their homes. In Chapter 13 bankruptcy, you can keep your home and continue with your current mortgage.
Getting A Home After Bankruptcy
Bankruptcy may feel like the end of the world but it isnt.
Its a legal process that helps you wipe out or repay your debt, and hopefully, puts you in a stronger financial position in the future.
If youre willing to put in the time to reconstruct your credit history and improve your money management skills, bankruptcy doesnt have to be a barrier to homeownership.
Recommended Reading: Shark Tank Bankruptcies
Mortgage After Chapter 7 Discharge
Fannie Mae guidelines will require you to wait two years from the discharge date before you can qualify for a mortgage with a chapter 7 bankruptcy. However, there are subprime lenders who can help with a mortgage after chapter 7 discharge even if that discharge was as recent as yesterday.
If you plan to apply for a mortgage after a chapter 7 discharge, you should focus on establishing a new positive credit trend by making on time payments and beginning to prove that you are credit worthy.
Although you will be able to get a mortgage after a chapter 7 discharge with a credit score as low as 500, the higher the score, the lower your down payment will be. Your credit score will also play a major role in what the interest rate will be.
Raise Your Credit Score
Mortgage lending requirements are changing in large part due to the coronavirus . Folks who wouldve qualified for a loan just a few weeks ago are now running into trouble. This presents yet another obstacle for borrowers who went through bankruptcy.
Do your future self a favor and use this time to repair your credit. This means paying down high-interest debt , becoming current with your bills, and disputing any errors on your credit report. The sooner you improve your credit score, the sooner you can acquire that coveted mortgage pre-approval letter.
You May Like: Toygaroo Reviews
The Importance Of Savings And Budgeting
The faster you save up for your down payment on a house, the sooner you can start your house-shopping and think about applying for financing. One way to stick with your down payment savings plan is to establish a separate savings account, preferably with the same bank or credit union where you’ve opened a checking account. When it comes time to make regular deposits into your down payment savings account, you’ll find it easy to transfer the funds from your checking account to the savings account.
Continually re-evaluate your income and expenses to see where you can channel more into savings. If, for example, your monthly income increases due to a raise, increase your down payment savings. Establish short- and long-term goals for yourself. For example, commit to eliminating $100 in monthly expenses for six months and devote that cash to your down payment fund.
Plan for predictable extra expenses, such as holidays and birthdays. It’s easier to stick with a plan that allows for celebrations and some inexpensive fun. With a common-sense budget, you will be less likely to splurge if you receive a bonus from work or an unexpected tax refund.
After A Chapter 7 Bankruptcy Discharge
In most cases, you’ll need to wait two years from the date of your Chapter 7 bankruptcy discharge before you’ll qualify for this loan. Keep in mind that a discharge date isn’t the same as the filing date. The court sends out the bankruptcy discharge paperwork just before your case closes.
- Meeting credit requirements won’t be as much of a hurdle as you might think. If you open new credit accounts after your bankruptcy, you’ll need to show that you’ve established a good credit history by paying your payments on time.
- How to avoid the credit score requirement. FHA has another ruleyou can qualify by choosing not to open any credit accounts after bankruptcy.
- Speeding up the process using the 12-month exception. At times, people file for bankruptcy due to no fault of their own. If you fit into this category and can demonstrate that filing for bankruptcy was beyond your control, you might be able to reduce the waiting period to twelve months. Additionally, you’ll need to show that you’ve handled your financial affairs responsibly after the bankruptcy.
Also Check: Is An Sba Loan Dischargeable
