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

Home > Bankruptcy > Can You Buy a House After Bankruptcy?

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 should I wait after bankruptcy to buy a house? ›

Overview of Home Loans for Bankruptcy Filers

Generally, you must wait: Two years after filing for Chapter 7 bankruptcy for FHA loans and VA loans. Three years after filing for Chapter 7 bankruptcy for USDA loans. One year after Chapter 13 for FHA loans, VA loans, and USDA loans.

How does Chapter 13 work with mortgages? ›

Mortgage on a primary residence – Mortgages must still be paid if you file for a Chapter 13 bankruptcy. Unfortunately, the bankruptcy laws do not allow mortgages on a primary residence to be modified, which means that you are still required to pay them in full.

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

While having a cosigner doesn't automatically guarantee that you'll be approved for a mortgage loan after bankruptcy, it can certainly improve your chances. Lenders typically view a mortgage application with a cosigner more favorably because there's an additional party responsible for making the loan payments.

Are mortgages forgiven in bankruptcies? ›

In some cases, homeowners are allowed to keep nonexempt properties. It all depends on the bankruptcy trustee and how they choose to handle the property. When you file Chapter 7, you're no longer legally obligated to repay your home loan. If you decide to stop making payments, there are still repercussions.

What credit score is needed to buy a house? ›

The minimum credit score needed for most mortgages is typically around 620. However, government-backed mortgages like Federal Housing Administration (FHA) loans typically have lower credit requirements than conventional fixed-rate loans and adjustable-rate mortgages (ARMs).

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

Obtaining a home equity loan after a Chapter 7 bankruptcy discharge can be challenging but not impossible. You will have to re-establish credit and wait at least two years if you want a cash-out first mortgage with an FHA loan.

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.

How soon can I get a mortgage after Chapter 13? ›

If you're using an FHA, VA, or USDA loan, you can apply for a mortgage as soon as 1 year after filing for Chapter 13 bankruptcy, and there's no waiting period after being discharged. Conventional loans, however, will not approve you while in Chapter 13 and require a two-year waiting period after discharge.

What is the debt limit for Chapter 13? ›

Chapter 13 Eligibility

Any individual, even if self-employed or operating an unincorporated business, is eligible for chapter 13 relief as long as the individual's combined total secured and unsecured debts are less than $2,750,000 as of the date of filing for bankruptcy relief. 11 U.S.C. § 109(e).

Can I buy a house 2 years after Chapter 7? ›

A Chapter 7 declaration must have been discharged or dismissed for 2 years prior to a borrower's FHA loan application. During that waiting period, you must have also either reestablished good credit or not incurred new debt. For a Chapter 13 claim, you can apply for a new FHA loan after dismissal.

Can you strip a mortgage in a Chapter 7? ›

Lien Stripping Isn't Available in Chapter 7 Bankruptcy

You cannot strip off junior liens in Chapter 7 bankruptcy in any jurisdiction. At one time, the Eleventh Circuit Court of Appeals ruled that lien stripping could be available to Chapter 7 bankruptcy debtors as long as none of the liens were secured.

Can a borrower keep his home and its existing mortgage in a Chapter 7? ›

Chapter 7 Won't Strip a Junior Mortgage Lien

If you keep the house in Chapter 7, all liens will remain, and the lender on each loan can exercise lien rights to take the home if you fall behind on your payments. You'll have to pay all loans as agreed to keep your house.

Is it hard to get a house after bankruptcies? ›

While bankruptcy will stay on their credit report for up to 10 years, they might still get approved for a mortgage. If you filed for Chapter 7 bankruptcy, you'll typically have to wait at least four years from the court discharge date to be eligible for a conventional mortgage.

What can you not do after filing Chapter 13? ›

While there are many benefits to filing a Chapter 13 bankruptcy, such as protection from continuing creditor collection efforts, stopping foreclosures, and keeping your personal assets, there are some caveats that can be considered downsides. For example, you cannot: Incur further debt. Use credit or credit cards.

Can I lose my house in Chapter 13? ›

Under Chapter 13, You Keep All Your Property

You keep all of your property, whether it would be exempt or not.

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

As mentioned above, all borrowers must wait least two years after the discharge date of a Chapter 7 bankruptcy. The discharge date should not be confused with the date bankruptcy was filed. As with Chapter 13 bankruptcy, FHA regulations demand a full explanation to be submitted with the FHA home loan application.

How long after Chapter 7 can I get a credit card? ›

A Chapter 7 bankruptcy takes approximately four to six months after the initial filing to be completed and your debts discharged. After that, you can apply for a credit card. A Chapter 13 bankruptcy, however, can take between three to five years as it's a restructuring of your debt that you pay off over time.

Can you get an FHA loan while in Chapter 13? ›

The FHA allows a borrower to potentially be approved for a home loan during Chapter 13 bankruptcy provided the borrower has made timely, verified payments for at least one year although some financial institutions will require a total of two years after discharged before accepting a new home loan.

How long after a Chapter 7 can I buy a house with a VA loan? ›

It's possible to qualify for a new VA home loan after filing Chapter 7 bankruptcy. If you're wanting to apply for a VA loan after bankruptcy, you'll need to meet the following requirements: You must wait a minimum of 2 years after debt discharge.

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