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My Spouse Declared Bankruptcy - Can I Still Get a Mortgage Loan?

 

my spouse declared bankruptcy can I still get a mortgage loanFinancial issues can plague a family for years. When the husband has a gambling problem, the wife often pays for it. Wife with a shopping addiction? The husband's credit will suffer if she can't pay for it. Couples who work together on their portfolio enjoy success together. But they can also suffer together when one fails. This can affect your decision about getting a mortgage loan to buy your dream home. But all is not lost. A home buyer had this question recently, and we decided to explore it a bit.

"I declared bankruptcy, not my wife. Can we still get a mortgage loan?"

The short answer is yes. The other spouse (without the credit blemish) would be the only one on the loan. So if newlyweds want a new house but the young husband had financial problems after college, the new wife will be the borrower. This of course means the wife's income is the only one accounted for in the application. 

Other credit questions like "How does a divorce affect my mortgage loan options?" come up often during the home buying process. Check out the short video below with mortgage consultant Jeremy Drobeck for some answers.

With that in mind, it's helpful to understand information about bankruptcy and short sales in your past when it comes to getting a mortgage loan in the future. A recent short sale will keep you from getting a mortgage for about 3-to-4 years. We've talked about this before. Here's an excerpt from that article:

The mortgage banking business is based on the reliability of borrowers to pay back the mortgage notes on their homes. In other words, if you can't pay your bills, you won't be able to find financing to buy a house. Low credit scores are one measure of a person's likelihood of paying back a debt. Recent financial hardships are another. If you recently went through a short-sale, you will fall into these categories. A financial institution will not lend money to a potential borrower who, at this point, is having financial trouble (regardless of the reason behind the financial issues).

A Few Notes

  • A short sale is different from filing bankruptcy. The threshold for that is actually 2 years.
  • "Deed in lieu" is also a foreclosure.
  • If you filed bankruptcy and included the house in the bankruptcy, then you had a "bankruptcy and foreclosure," and you will have to wait 3 years from when the home ownership transferred.

You can learn more about the home buying process with the free guide below. Download "The Road to Mortgage-Ready Credit" to learn about FICO scores, improving credit and whether it's a good idea to pay off all collections or not (hint: the answer may surprise you).

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Comments

With over 30 years in the mortgage and banking industries, I will tell you that is your spouse declares bankruptcy while you are married, it is virtually impossible NOT to be effected by it, regardless of the "experts" tell you. I also had a paralegal company that did bankruptcies in Florida. If any of the accounts named in your husband's bankruptcy also had you listed as a signor (authorized user) you will also be involved and your credit will be effected. If a mortgage is involved and there is a 1099c or 1099A issued that will also effect your tax situation, unless you file as "married filing separate", which also has higher tables (refer to IRS Publication 17 for more info) There is also much more to this than I can elaborate on in this forum.
Posted @ Tuesday, September 18, 2012 3:59 PM by Mike
Mike, 
While its true that a spouse would be affected (especially when on the same accounts) it doesn't make it impossible. And that's really what we're going after in this article. Plus, for second marriages with a spouse who declared bankruptcy in their "previous life" there's hope. Anyone looking for more specialized information should definitely talk to a mortgage consultant. Thanks for the insightful information in your comment!  
Dan Moyle / AmeriFirst Home Mortgage
Posted @ Tuesday, September 18, 2012 4:15 PM by Dan Moyle
"affected" is an interesting term. Talking credit score & mortgage, as long as the person not filing the BK doesn't keeps paying the accounts they agreed to pay they will be fine. Different parts of their life of course will be affected, but if they pay the bills they agreed to as agreed their score will not be affected. As far as authorized users, I would call and get removed from the account.
Posted @ Wednesday, September 19, 2012 1:51 AM by Jeremy Drobeck
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