Buying a House After Bankruptcy - Debt.org (2024)

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Bankruptcy does not preclude anyone from buying a home, but it will take some serious work to get it done.

Buying a home after bankruptcy depends on taking the right steps during bankruptcy and waiting out the required amount of time after.

Those who have been discharged from bankruptcy are eventually able to apply and even qualify for a home loan. Make no mistake, though: It won’t be as easy as it would have been had you not filed bankruptcy.

Among the post-bankruptcy issues that will need to be addressed:

  • A mandated waiting period to apply for a loan.
  • Rebuilding your credit score.
  • Shopping for the best mortgage loan available to fit the unique circ*mstances.
  • Recognizing what rules apply to your filing.

The biggest difficulty will be the impact of bankruptcy on your credit score. Bankruptcy may drop a good/exceptional credit score by as much as 200 points. A fair/poor credit score will drop 130-to-150 points. Almost all bankruptcy filers wind up with a credit score below 600. That is one of the consequences of bankruptcy, though there are ways to address it. It just takes time.

How Long After Bankruptcy Can You Buy a House?

The waiting period to buy a house after bankruptcy depends on whether you filed Chapter 7 or Chapter 13 bankruptcy and the type of loan you seek. Waiting periods after Chapter 7 is discharged vary from two to four years. After Chapter 13 is discharged, some federal loans are available immediately, though a conventional loan requires a two-year waiting period.

The first step in qualifying for a home loan after bankruptcy is to have the bankruptcy judge discharge your case. Then comes the patience test, and the timeframe is determined by the type of bankruptcy you have and the type of loan you desire.

Chapter 7 Bankruptcy Waiting Periods

Chapter 7 is the most common type of bankruptcy. In Chapter 7 bankruptcy, the court wipes away most unsecured debts. That, in turn, has the most negative impact on your credit report.

Once the case is discharged, lenders will enforce a waiting period, otherwise known as a “seasoning period,” for those hoping to apply for a mortgage after bankruptcy. Waiting periods include:

  • Four years for a conventional loan.
  • Three years for a USDA loan.
  • Two years for VA Home Loans or FHA mortgage.

Chapter 13 Bankruptcy Waiting Periods

Filing Chapter 13 leads to a reorganization of debt, with scheduled payments to clear those debts (including the one to your lawyer). Because Chapter 13 bankruptcy includes regular payments, it does not affect your credit score as much as Chapter 7, and the waiting period for some loans is shortened.

If the bankruptcy court dismisses the bankruptcy (rules against you), the waiting period is four years from the dismissal date. If the court discharges the case (rules for you), the time is four years from the date you filed and two years from the discharge date.

It’s important with Chapter 13 to make those payments on time and in full; not doing so will anger the court and negatively affect your home-buying ability.

Specific times for specific loans after Chapter 13 include:

  • For a conventional loan, four years from dismissal date. If the court discharges the case, the time is four years from the date you filed and two years from the discharge date.
  • One year for a USDA loan.
  • FHA and VA loans are the most generous following Chapter 13; these lenders simply require the court to dismiss or discharge your bankruptcy before you apply. FHA also will guarantee a mortgage as soon as 12 months after you file Chapter 13, provided you are making court-ordered payments on time.

Waiting Periods for Multiple Bankruptcies

There is a price to be paid for multiple bankruptcies. If you have filed more than one time in the last seven years, the waiting period is five years before you are eligible for a home loan – though that could be reduced to three if you can prove extenuating circ*mstances.

» Learn More: How Long After Debt Settlement Can I Buy a House?

What Types of Mortgage Loans Can You Get After Bankruptcy?

Technically, you can qualify for any kind of mortgage. As we have shown, some have waiting periods, and some of those waiting periods are longer than others. If you meet that waiting period and believe you qualify, you can apply for any loan.

That being said, FHA Loans may be the most advantageous option. The waiting period is shorter after Chapter 7. After Chapter 13. there is no waiting period after the court discharges or dismisses you.

FHA loans also have lower credit requirements than conventional loans. That matters because Chapter 7 bankruptcy will show on your credit report for 10 years, Chapter 13 for seven. FHA loans can be approved with a credit score as low as 580. A down payment of at least 10% may mean you can qualify with a credit score as low as 500.

To qualify for a conventional loan, your credit must be re-established, which means making timely payments on your court-ordered plan in Chapter 13, and paying bills on time after Chapter 7. Typically a conventional loan will require a minimum credit score of 620.

VA loans are provided to veterans and typically are more lenient when it comes to credit history. A USDA loan is for homes in qualifying rural areas. To qualify, the borrowers income cannot exceed 115% of the median income in the area where the home is being purchased. Generally, USDA loans require a credit score of 640, so boosting that score is important.

A non-qualified mortgage is another option. These loans fall outside the purview of federal guidelines, and as a result are risky. Features could include:

  • Interest-only payments, which means building no equity in the home.
  • A balloon payment, a large payment due after a set timeframe, which means setting significant money aside to be sure the payment can be made.
  • A term longer than 30 years.

Non-qualifying mortgages do not have a waiting period, but carry considerable risks. They’re more a last-resort option for those looking to buy a house with bad credit.

Tips to Improve Your Chances of Getting a Mortgage after Bankruptcy

Several common-sense tips apply, starting with addressing your finances to improve your credit score before you file for bankruptcy. Getting the financial house in as much order as possible before filing means you will start a challenging process with the highest credit score possible.

Other steps follow discharge and involve rebuilding credit after bankruptcy; they fall under the umbrella heading: Get and keep your financial house in order:

  • Create a budget:Arrange expense in categories. Determine required spending, and what is called discretionary spending – the dinners out, the movies, the sports events. Allocate money for savings, if you can. Break down where you are overspending, determine your budget and stick to it. Doing so will avoid the problems that got you into bankruptcy in the first place.
  • Establish credit:Pay the bills on time. Avoid the traps that cost you before you filed. If you can, one of the easiest ways to improve the score is to open a new credit card, charge an amount as close to the spending limit that you know you can repay, and then repay it the next month, without carrying a balance that charges interest.
  • Be careful with the credit cards:Banks may try to charge you high fees because of your past. Read the fine print. You don’t want to be caught with a $500 fee just to have a credit card. Then don’t overspend with them. The interest rate will be a significant drag on your financial status.
  • Consider a car loan:This may also improve your credit. But after bankruptcy it’s best to be careful and cautious when taking on new debt. Remember, debt is what got you in trouble in the first place.
  • Try to be pre-approved:When searching for a home, some mortgage lenders will pre-approve a borrower for a certain loan amount. Having that information ahead of time tells the seller you are serious and ready to make the commitment. Be aware: Getting pre-approval may be more difficult after bankruptcy.

Seek Help From a Financial Professional

Sound advice can help you weave your way through the obstacle course. A nonprofit credit counselor can sit down with you and go over budgets and ways to approach buying a home after bankruptcy. A financial professional can offer credit counseling or help in improving your credit score.

Professionals are called that for a reason. They can help. Do not be afraid to seek it.

Buying a House After Bankruptcy - Debt.org (2024)

FAQs

Does Chapter 13 lower mortgage payments? ›

It's uncommon for mortgage payments to be reduced when you file bankruptcy. If you're looking to lower your payments, you might try working with your lender for a mortgage modification after you start your chapter 13 payments.

What is the longest lasting consequence of filing for bankruptcy? ›

Your credit will be shot.

Anyone considering bankruptcy needs to keep in mind that their credit reports and credit score will take a major hit—one that can last for years. In the case of Chapter 7, bankruptcy will remain on your credit reports for up to 10 years; for Chapter 13, it's seven years.

What is the minimum amount of debt for Chapter 7? ›

There is no minimum debt to file bankruptcy, so the amount does not matter. Examples of unsecured debts include credit card debt, cash advance (payday) loans, and medical bills. Secured debts: If you are behind on a house or car payment, this may be a very good time to file for bankruptcy.

How long after Chapter 7 can I get an FHA loan? ›

There is a two-year waiting period for an FHA loan application after you receive a Chapter 7 bankruptcy discharge. The two-year clock begins counting down on your discharge date. Use the next two years to improve your credit score, avoid late payments, save up extra cash, and improve your credit profile overall.

What is the average monthly payment for Chapter 13? ›

A Chapter 13 petition for bankruptcy will likely necessitate a $500 to $600 monthly payment, especially for debtors paying at least one automobile through the payment plan. However, since the bankruptcy court will consider a large number of factors, this estimate could vary greatly.

What is the average credit score after Chapter 13 discharge? ›

The truth is that bankruptcy can definitely tank people's credit scores. But in most cases, these people already have a bad credit score because of how much debt they have. In fact, the average credit score after a bankruptcy discharge can vary between 400 and 530.

What can you not do after filing bankruptcy? ›

For example, you can't discharge debts related to recent taxes, alimony, child support, and court orders. You may also not be allowed to keep certain assets, credit cards, or bank accounts, nor can you borrow money without court approval.

Can you remove Chapter 7 from a credit report before 10 years? ›

The only way to remove a Chapter 7 bankruptcy from your credit report early is if it was added inaccurately. Otherwise, it will drop off your credit report after 10 years.

What happens 12 months after bankruptcy? ›

12 months. You are discharged from your bankruptcy. Most of your debts are written off but you still need to pay some like: Student loans.

How much cash can you have in Chapter 7? ›

If you declare bankruptcy, will you lose literally every dollar that you have in your savings? The answer is no: some cash can be exempted in a Chapter 7 case. For example, typically under Federal exemptions, you can have approximately $20,000.00 cash on hand or in the bank on the day you file bankruptcy.

How often are Chapter 7 bankruptcies denied? ›

“Chapter 7 applications get denied more often than people think,” Derek Jacques, of The Mitten Law Firm, in Michigan, said. “In my experience, about 15% don't even get approved. From there, they can be dismissed before the process is completed for a lot of reasons.”

What assets do you lose in Chapter 7? ›

Chapter 7 bankruptcy is a type of bankruptcy filing commonly referred to as liquidation because it involves selling the debtor's assets in bankruptcy. Assets, like real estate, vehicles, and business-related property, are included in a Chapter 7 filing.

How hard is it to get a home loan after Chapter 7? ›

Depending on the financial institution, it can take anywhere from one to four years after your bankruptcy discharge to become eligible to take out a mortgage. 2 Additionally, it typically takes time to rebuild your credit enough to qualify for the mortgage you may want.

What credit score is needed to buy a house with no money down? ›

Mortgage lenders typically want to see a score of 620 or better before approving a conventional mortgage. There are government-insured mortgages if your score is lower, and if your score is 760 or higher you'll qualify for the best interest rates.

What is the FHA 3 year rule? ›

This means the appraiser will determine who has owned the property for the last three years. If the timeframe from the new home sale contract and the ownership of the property is less than 90 days, FHA lenders will likely decline the mortgage approval.

What happens to my mortgage when I file Chapter 13? ›

Chapter 13 bankruptcies are about reorganization, so you can use this type of bankruptcy to pay back debts according to the timeline in your plan while staying current on any mortgage payments after the bankruptcy is filed. Unlike Chapter 7, you're still responsible for the debt under Chapter 13 bankruptcy.

Can you cram down a mortgage in Chapter 13? ›

In a Chapter 13 bankruptcy, you can cram down your car loan, investment property mortgages, or other personal property (any property other than real estate) loans such as household goods and furnishings. However, you cannot cram down a mortgage on your principal place of residence.

Does Chapter 13 lower payments? ›

If your income goes down during your Chapter 13 bankruptcy and you can no longer afford your monthly plan payment, you can ask the court to modify your Chapter 13 repayment plan and reduce your payment amount.

What can you not do after filing Chapter 13? ›

Also do not not incur debt, use credit, credit cards, or enter into leases while in Chapter 13 without Bankruptcy Court approval, except in the case of an emergency for the protection and preservation of life, health or property. Contact your attorney if you need to sell property or incur debt.

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