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James Jones
James Jones

Buying A Home After Chapter 13

Still, take into account that your credit score is damaged after bankruptcy. So even if lenders will underwrite home loans to bankrupt buyers after a year, you may need more time to repair your credit.

buying a home after chapter 13


This article discusses how to buy a home after bankruptcy. It discusses the different mortgages, how long after bankruptcy you can buy a home, and the fastest ways to improve your credit to expedite your approval.

In most cases, though, it takes more than a year to recover after declaring bankruptcy. So most home buyers will have to wait two years or more before buying real estate. Take this time to get your credit score as high as possible and save for a bigger down payment. Both strategies will help you get a lower mortgage rate and a more affordable home loan when you do buy.

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.

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.

When applying for a mortgage after a chapter 13 bankruptcy discharge, most mortgage programs require a specific waiting period before you are able to apply. The waiting period is anywhere from 1-2 years depending upon the type of mortgage as indicated in the chart below.

You can apply for an FHA loan before your chapter 13 bankruptcy has discharged. The key is to find a lender who is willing to begin the process before the usual waiting period of 1 year after the Ch13 discharge date.

After filing for Chapter 13 bankruptcy, you give up a lot of financial control to your bankruptcy trustee. Even though you keep possession of your property, like a home, it becomes part of your Chapter 13 bankruptcy estate. The trustee manages this estate and makes major financial decisions that affect your property. This includes buying or selling a home.

You can buy a home after bankruptcy; you just have to follow the advice given in the rest of this article. Here, we discuss how to get a home loan after bankruptcy discharge. You will learn who to contact, how to optimize your finances, and so much more about the home loan process after bankruptcy discharge.

Information gathering and careful planning should help you purchase a home after bankruptcy. If you still have questions at the end of the article, make sure to contact Peoples Bank Mortgage. Our experts can help you start the home loan process right away when many other lenders will require a waiting period after bankruptcy.

Whether you have filed for Chapter 7 or Chapter 13 bankruptcy will impact your ability to get a home loan. Whether your bankruptcy claim was dismissed or discharged will also be important. A bankruptcy court can also amend a bankruptcy claim, especially if you file for Chapter 7 bankruptcy. They may determine that you can pay back your loans, and therefore, that you do not qualify for Chapter 7 bankruptcy. A bankruptcy dismissal does not provide any resolution to your financial problems allowing the creditors to continue to come after you for the debt owed. Bankruptcy discharge, on the other hand, will remove your responsibility as a debtor as all your debt claimed in the bankruptcy should be erased.

Of the two types of bankruptcy, the impact of Chapter 13 on your ability to get a home loan is much less than Chapter 7. Remember that Chapter 13 bankruptcy is essentially a repayment plan with your creditors. If you follow the repayment plan, your debt will be discharged often between three to five years after the bankruptcy is filed. Because you are attempting to repay the debt, many creditors will look more favorably on these types of bankruptcies.

Because Chapter 13 bankruptcy affects your credit score differently than Chapter 7 bankruptcy, some lenders will even allow you to apply for a home loan before the bankruptcy is discharged. You may be able to apply for FHA, VA, USDA, and portfolio loans as soon as a year after filing. However, you will still need to qualify for those types of home loans and be in good standing in your bankruptcy repayment plan.

To qualify for a home loan after bankruptcy, you first need to wait the requisite amount of time. You also need to know your type of bankruptcy. The time limits for Chapter 7 and Chapter 13 are significantly different.

Six months after filing for bankruptcy is too soon to apply for a home loan, even for Chapter 13 bankruptcies. However, it is not too soon to start helping your finances. You will likely have seen a decrease of your credit score by 160 to 240 points depending on the type of bankruptcy you file and your previous credit history before filing. Bringing that score up as quickly as possible is the goal.

Preapproval is an important part of the mortgage process. The pre-approval process determines how much the lender will allow you to borrow when buying a home. It is the first step towards getting a mortgage. You can, and should, complete the preapproval before looking at potential houses, as people with preapprovals in place are more likely to be prioritized by real estate agents.

Hurdles will be common when you are dealing with a current or recent bankruptcy. There is also a lot of bad advice out there. Here are a few of the biggest pitfalls and hurdles when applying for a home loan after bankruptcy discharge.

The first obstacle to owning a home after bankruptcy is dealing with the waiting period (also called a seasoning period). Use that time well restructuring your finances and rebuilding your credit. It shows lenders you can make payments on time and live up to your end of the deal.

As a result, many families are caught between. The aforementioned personal financial difficulties have them thinking about bankruptcy, and the aforementioned near-record-low interest rates have them thinking about buying a home.

Fortunately, filing for protection under the bankruptcy laws is not a life sentence. People can and do recover financially despite filing more than one bankruptcy petition. However, the answer to the question about how long you must wait to purchase a new home after declaring bankruptcy depends on your financial history, what bankruptcy chapter you filed under, and the type of mortgage for which you have applied.

If you would additional information on whether filing for bankruptcy is a good move for you, considering how soon after bankruptcy you can buy a home in Pennsylvania, then you should call Philadelphia bankruptcy attorney David M. Offen. The Law Offices of David M. Offen has over 20 years of experience helping people clear their debts and move on with their lives.

Chapter 13 offers individuals a number of advantages over liquidation under chapter 7. Perhaps most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time. Another advantage of chapter 13 is that it allows individuals to reschedule secured debts (other than a mortgage for their primary residence) and extend them over the life of the chapter 13 plan. Doing this may lower the payments. Chapter 13 also has a special provision that protects third parties who are liable with the debtor on "consumer debts." This provision may protect co-signers. Finally, chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors. Individuals will have no direct contact with creditors while under chapter 13 protection.

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).An individual cannot file under chapter 13 or any other chapter if, during the preceding 180 days, a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. 109(g), 362(d) and (e). In addition, no individual may be a debtor under chapter 13 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.

A chapter 13 case begins by filing a petition with the bankruptcy court serving the area where the debtor has a domicile or residence. Unless the court orders otherwise, the debtor must also file with the court: (1) schedules of assets and liabilities; (2) a schedule of current income and expenditures; (3) a schedule of executory contracts and unexpired leases; and (4) a statement of financial affairs. Fed. R. Bankr. P. 1007(b). The debtor must also file a certificate of credit counseling and a copy of any debt repayment plan developed through credit counseling; evidence of payment from employers, if any, received 60 days before filing; a statement of monthly net income and any anticipated increase in income or expenses after filing; and a record of any interest the debtor has in federal or state qualified education or tuition accounts. 11 U.S.C. 521. The debtor must provide the chapter 13 case trustee with a copy of the tax return or transcripts for the most recent tax year as well as tax returns filed during the case (including tax returns for prior years that had not been filed when the case began). Id. A husband and wife may file a joint petition or individual petitions. 11 U.S.C. 302(a). (The Official Forms may be purchased at legal stationery stores or downloaded from the Internet at They are not available from the court.) 041b061a72


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