QUESTION

Is it too early to refinance or do we have to wait for the 10 year period?

Asked on Jul 10th, 2014 on Bankruptcy - Texas
More details to this question:
We filed bankruptcy and it was discharged four years ago. Now with the low interest rates, we would like to refinance our home loan. Is it too early to refinance or do we have to wait for the 10 year period? If we can refinance now, will I have problems applying?
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9 ANSWERS

Debt Relief Attorney serving Anaheim, CA
The bankruptcy will not prevent you from refinancing.
Answered on Jul 18th, 2014 at 4:34 AM

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Refinance as soon as possible. Assuming you qualify, there are no issues to be concerned about.
Answered on Jul 16th, 2014 at 8:23 AM

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Bankruptcy Chapter 7 Attorney serving Los Angeles, CA at The Law Offices of Peter M. Lively
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The only ten year period associated with a bankruptcy filing is the amount of time that a bankruptcy reference remains on your credit report. While that derogatory reference on your credit may affect your refinance interest rate, it will not prevent you from being able to refinance if you are otherwise qualified. NOTE: Some lenders are now refusing to refinance where Chapter 7 debtors have not reaffirmed the home loan before the bankruptcy discharge. If this happens, find a different lender to provide the refinance loan.
Answered on Jul 11th, 2014 at 4:33 PM

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Consumer Bankruptcy Attorney serving Los Angeles, CA at Orantes Law Firm
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There is nothing to prevent you from applying to refinance. You should try to refinance with all lenders, not only the same one already holding the first loan. Whether you get the refinancing will depend on how well you have re-built your credit in the four years after your bankruptcy discharge.
Answered on Jul 11th, 2014 at 12:06 PM

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There is no "ten year period" except perhaps as to credit reporting. Banks have their own standards and generally two years later after a BK is OK if you qualify otherwise.
Answered on Jul 11th, 2014 at 12:04 PM

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Complex Litigation Attorney serving Costa Mesa, CA at Thomas Vogele & Associates, APC
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There is so much misinformation, most of it urban legend, about what a discharged debtor can and cannot do. There is nothing preventing you from borrowing, refinancing or doing anything else post-discharge. The impediment is the other side of the transaction. Banks often will not lend to those who have filed a Chapter 7 case, at least on terms that don't punish the former debtor for their "transgressions." Bankruptcy itself does not prevent you from refinancing for ten years. A bankruptcy stays on your credit for ten years and thus makes it harder to get a loan, refinance a loan or do anything else that involves checking your credit report. By the way, anyone who promises you to get your bankruptcy removed from your credit report in exchange for a fee is both a liar and a crook that should be avoided and reported to the authorities. Good luck and expect to pay a higher rate than what borrowers with good credit pay.
Answered on Jul 11th, 2014 at 11:48 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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This is a decision that individual lenders make & isn't regulated by law, other than through government housing programs. I would urge you to discuss refinancing with a local community nonprofit credit union, as they have several programs available once you are 12 months out of bankruptcy.
Answered on Jul 11th, 2014 at 10:48 AM

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You do not have to wait to refinance. I had a client refinance one year after discharge. You may need to refinance with another institution if reaffirmations are an issue for your mortgage holder.
Answered on Jul 11th, 2014 at 9:40 AM

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Bankruptcy Attorney serving Dallas, TX at Polk & Associates
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There is no 10-year period prohibiting you from doing whatever you want to do. Once your bankruptcy case is over, it's over. You are not required to wait 10 years before doing anything and I'm sorry to hear that someone gave you that mistaken impression.
Answered on Jul 11th, 2014 at 8:30 AM

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