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

How long after bankruptcy can you apply for a mortgage loan? ›

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.

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.

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 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 debt settlement can I buy a house? ›

How Long After a Debt Settlement Can You Buy a House? There's no set timeline for how long it takes to get a mortgage after debt settlement. Your ability to qualify for a mortgage will depend on how well you meet the lender's requirements on the issues raised above (credit score, DTI, employment and down payment).

Is it easy to get a loan after bankruptcies? ›

Yes, it's possible to get a personal loan after bankruptcy. It may not be easy, and expect steep interest rates. Since lenders are likely to consider you a risky borrower, they'll have less confidence that you'll pay back the loan — which they compensate for by charging higher interest rates and origination fees.

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

You'll usually need a credit score of at least 640 for the zero-down USDA loan program. VA loans with no money down usually require a minimum credit score of 580 to 620. Low-down-payment mortgages, including conforming loans and FHA loans, also require FICO scores of 580 to 620.

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

Home Loans After Chapter 7 Discharge

Chapter 7 bankruptcy offers a clean slate by erasing qualifying debts, with an impact on credit reports for a decade. However, home buying isn't off-limits for that duration. Many individuals can pursue homeownership within 2-4 years, depending on the mortgage type.

How many years after Chapter 7 can I buy a house? ›

How soon can I buy a house after Chapter 7 discharge? Most home buyers have to wait at least 2-4 years after Chapter 7 discharge before they can get approved for a home loan. It may be possible to qualify sooner if you were forced into bankruptcy for reasons beyond your control, but early approval is rare.

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 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.

Can I negotiate my Chapter 13 payment? ›

In most cases, you'll obtain a hearing date, provide a written declaration as to why your plan payment should be reduced, and propose an amended Chapter 13 plan. The judge will consider plan objections at the confirmation hearing.

How often are Chapter 7 bankruptcies denied? ›

The good news is that if you – or the attorney you hire – gets the paperwork right and the case moves through the court to the point where debt discharge is determined, the U.S. Bankruptcy Courts says that 99% of Chapter 7 cases succeed.

What income is used for Chapter 7? ›

The "current monthly income" received by the debtor is a defined term in the Bankruptcy Code and means the average monthly income received over the six calendar months before commencement of the bankruptcy case, including regular contributions to household expenses from nondebtors and including income from the debtor's ...

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 long after Chapter 7 can I get a home equity loan? ›

Lenders generally require a waiting period of between one and five years from discharge or dismissal — and up to seven following foreclosure — before they'll approve you for a home equity loan. This is because they want to be sure you've righted your finances and can manage new debt.

How long after paying off debt can I get a mortgage? ›

Once your debts are settled, you might need a few years to recover and become eligible for a conventional (meaning not government backed) mortgage. On the other hand, paying off an old collection debt might not delay your timeline to buy a home at all, and can even make you more attractive to some lenders.

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 buy a house after Chapter 7 with a co-signer? ›

Can you buy a house after Chapter 7 with a co-signer? Yes, having a co-signer can improve your chances of getting a mortgage after a bankruptcy. But it's far from a sure thing. Since lenders typically use the lower credit rating of the co-signer and applicant, you could still be facing an uphill battle.

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