Mortgages
Mortgages After Bankruptcy, Discharged Bankrupts and DROs
Mortgages after bankruptcy: how time since discharge widens lender choice, the six-year credit record, the trustee and your home, DROs and sequestration.
Expert advice on mortgages after bankruptcy
Speak to a Mortgage Lane adviser about your options.
In short
Yes, you can get a mortgage after bankruptcy once you have been discharged, which in England and Wales usually happens automatically one year after the order. Some specialist lenders may consider an application soon after discharge, the choice of lenders tends to widen as more time passes, and your deposit decides which lenders' limits you meet. The bankruptcy can stay on your credit file for six years from the date of the order.
What is a mortgage after bankruptcy?
A mortgage after bankruptcy is a residential or buy to let mortgage for a borrower who has been made bankrupt and has since been discharged, from a lender whose criteria accept the time that has passed since the bankruptcy order and the discharge. There is no separate bankruptcy mortgage product. Most lenders that consider a recent bankruptcy are specialist lenders. As the bankruptcy ages, more lenders tend to consider an application, and the deposit, the rate and the maximum loan to value (LTV) can all improve. Lenders weigh a clean credit record rebuilt since discharge as well as the time that has passed. They treat a past bankruptcy as adverse credit, alongside county court judgments, defaults and individual voluntary arrangements.
While a bankruptcy lasts, the person is an undischarged bankrupt. In England and Wales they must not borrow more than £500 without telling the lender they are bankrupt (GOV.UK: bankruptcy restrictions), and in practice lenders do not normally lend to an undischarged bankrupt. For most people discharge comes automatically one year after the bankruptcy order. Before applying, check the dates (the order, the discharge and any restrictions order) and whether anything from the bankruptcy is still outstanding, such as the trustee's interest in a former home or an income payments agreement.
The mortgage itself is ordinary lending. A mortgage on a home you will live in is normally a regulated mortgage, meeting the legal test that at least 40% of the property is used as a dwelling (legislation.gov.uk: Regulated Activities Order, article 61), and the lender assesses affordability under the Financial Conduct Authority's conduct rules (FCA Handbook: MCOB 11.6). Most buy to let lending is business lending outside those rules, while a consumer buy to let mortgage, where the borrower is not letting as a business, has a regime of its own. The bankruptcy changes which lenders will consider the application, how much of the property's value they will lend and the price.
Mortgage Lane arranges mortgages for discharged bankrupts in England, Wales and Northern Ireland and for people discharged from sequestration in Scotland, as well as for people whose debt relief order has ended or whose bankruptcy has dropped off their credit file. That covers first purchases after bankruptcy, buying back a former home from a trustee, remortgages and buy to let. Most of the work is matching the dates and the credit file to the lenders whose current criteria accept them, and checking the deposit those criteria need. Lenders assess buy to let after bankruptcy mainly on the rent, and our bad credit buy to let mortgages page covers it. For other adverse credit, see our pages on CCJ mortgages, mortgages with defaults, mortgages with missed payments and IVA mortgages.
This page covers what a bankruptcy means for a mortgage application. Mortgage Lane does not give debt advice, including on whether to become bankrupt or how to deal with debts, and GOV.UK points to free debt advice through MoneyHelper (GOV.UK: options for dealing with your debts).
Mortgage rates after bankruptcy
Mortgage rates after bankruptcy are set by each lender, and they depend on the credit history as well as the loan to value. Lenders price mortgages in loan to value bands, so a bigger deposit can move a case to a cheaper band. Specialist lenders that accept a past bankruptcy may also grade the case in tiers, and time since discharge is one of the measures they use. Minimum periods in published lender criteria include one, two, three and six years after discharge. Tiers for a more recent discharge tend to carry a higher rate and a lower maximum loan to value. Each year that passes, and each year of clean credit since discharge, can move a borrower to a lighter tier or bring more lenders into range.
Because more lenders can come into range at known points, it is worth choosing the length of the initial rate period with the next remortgage in mind. A shorter fixed rate that ends soon after the next date that matters for your case, such as three years from discharge or six years from the order, lets you remortgage from a stronger position once that date has passed. A longer fix gives certain payments for longer but can carry an early repayment charge if you leave early. Our fixed term mortgages page explains how fixed rates are priced.
Discharged from bankruptcy? Get in touch with your bankruptcy order date, discharge date and current credit reports. We match the lender to the time that has passed and the credit you have rebuilt since.
Mortgage after bankruptcy criteria
Lenders check the same facts on every bankruptcy case, and each sets its own limits for them. Several rows in the table rest on published rules, as at October 2026: discharge, restrictions orders and income payments (the Insolvency Act 1986 and GOV.UK), company directors (the Company Directors Disqualification Act 1986), the Mortgage Guarantee Scheme (HM Treasury), remortgage (the FCA) and buy to let (the Prudential Regulation Authority, for banks and building societies). The other rows describe how lenders' own limits differ; those limits change often, and the lender's underwriting decides each case. In Mortgage Lane's experience, applicants with adverse credit are usually limited to around 90% loan to value with the lenders we use, so a 10% deposit is a more realistic starting point than 5%, and a recent discharge may need more (90% LTV mortgages and 95% mortgages cover the two bands).
Once any bar on acting as a director has ended (legislation.gov.uk: Company Directors Disqualification Act 1986, section 11), lenders assess a company director who has been bankrupt on income from the company in the usual way, as our limited company director mortgages page explains.
Mortgage after bankruptcy criteria
| Criterion | How it works |
|---|---|
| Status | Discharged. An undischarged bankrupt is not normally accepted, and in England and Wales must tell a lender before borrowing more than £500. |
| Time since discharge | The main test. Each lender sets its own minimum, if it accepts a bankruptcy at all; minimums in published lender criteria include one, two, three and six years after discharge. |
| Restrictions order or undertaking | Keeps the restrictions of bankruptcy in place for between 2 and 15 years, including telling a lender before borrowing more than £500. A lender is likely to treat a current one as serious adverse credit until it ends. |
| Income payments | An income payments agreement or order can run for up to three years from when it was made, including after discharge. Lenders count the payments as a commitment while it runs. |
| Credit since discharge | Accounts kept up to date since discharge support the case. New missed payments, defaults or judgments after discharge weigh heavily. |
| Deposit and loan to value | Set by each lender, and may be lower for a more recent discharge. In our experience adverse credit lending usually stops at around 90%. |
| Mortgage Guarantee Scheme | A bankruptcy order in force at any time in the three years before completion makes the borrower credit-impaired and outside the scheme, which supports loans above 90% and up to 95%. |
| Former home | Any interest the trustee still holds dealt with, and the bankruptcy restriction on the land register removed, before a lender will normally lend on that property. |
| Company directors | An undischarged bankrupt, or a person under a restrictions order or undertaking, cannot act as a director without the court's permission. Company income is then assessed in the usual way. |
| Disclosure | Application questions answered accurately, including "have you ever been bankrupt" where a lender asks it after the record has left the credit file. |
| Affordability | Income and outgoings assessed under the FCA's rules for a residential mortgage. In our experience lenders lend up to 5 times income after credit commitments, and up to 6 times for professionals and on specialist products. |
| Remortgage | A remortgage to a new lender is assessed like a purchase. A product transfer with the current lender, with no extra borrowing and no change material to affordability, may not need a full new affordability assessment: under MCOB 11.6.3R the FCA's main affordability rule does not apply, and the lender considers affordability under its own lending policy. |
| Buy to let | Assessed mainly on the rent. Banks and building societies follow the PRA's buy to let underwriting standards, and the bankruptcy affects which lenders will consider the case. |
Types of insolvency, and how each is assessed
Bankruptcy, sequestration and debt relief orders are separate procedures in different parts of the UK, and lenders look at the dates each one produces.
Bankruptcy in England and Wales
A person can apply online to become bankrupt, for a fee of £680 as at October 2026, and an adjudicator at the Insolvency Service decides whether to make a bankruptcy order (GOV.UK: applying to become bankrupt). A creditor can also petition the court. An official receiver, or a licensed insolvency practitioner acting as trustee, then deals with the bankrupt's assets. The bankruptcy starts on the day the order is made and lasts until discharge, which for most people is automatic one year later (legislation.gov.uk: Insolvency Act 1986, section 279). Discharge can take longer if the bankrupt does not co-operate with the trustee, because the court can suspend it on the application of the official receiver or the trustee.
Two things can outlast the discharge. A bankruptcy restrictions order, or an undertaking with the same effect, extends the restrictions of bankruptcy for between 2 and 15 years where the official receiver considers the bankrupt was dishonest or to blame for the debts (GOV.UK: bankruptcy restrictions orders and undertakings). An income payments agreement can require part of the bankrupt's income to be paid to the trustee for a period that may continue after discharge but cannot end more than three years after the agreement is made (legislation.gov.uk: Insolvency Act 1986, section 310A); a court can make an income payments order to the same effect. Lenders look at the order date, the discharge date and whether either of these is still running.
Get in touch with your order and discharge dates, and the details of any restrictions order or income payments agreement.
Sequestration in Scotland
In Scotland, bankruptcy is also called sequestration and runs under Scottish law. A person applies through an approved money adviser, and the Accountant in Bankruptcy, part of the Scottish Government, decides whether they should go bankrupt. Discharge usually comes after one year, or after six months for someone who goes through the Minimal Asset Process, and payments under a debtor contribution order can continue after discharge, usually for 48 months in total (mygov.scot: bankruptcy). A lender counts those payments as a commitment while they run. The Minimal Asset Process is for people with no disposable income, debts of less than £25,000, no property or land and few other assets (mygov.scot: who can go bankrupt).
Every bankruptcy in Scotland is recorded on the Register of Insolvencies, where details stay for at least five years from the date of bankruptcy, or 18 months under the Minimal Asset Process, and the bankruptcy can stay on the credit file for at least six years. While bankrupt, a person must tell a lender they are bankrupt before borrowing over £2,000, or any amount if they owe £1,000 or more in other debts (mygov.scot: how bankruptcy can affect you). A lender is likely to assess sequestration by time since discharge and the credit record since, as it would a bankruptcy elsewhere in the UK. Our mortgages in Scotland page covers buying there.
Get in touch with your sequestration and discharge dates.
Bankruptcy in Northern Ireland
Northern Ireland has its own insolvency law. The High Court in Belfast makes a bankruptcy order on a petition from the debtor or a creditor, and bankruptcy normally lasts for one year. Discharge can come sooner where the bankrupt co-operates fully, and later where they have behaved irresponsibly (nidirect: bankruptcy). While bankrupt, a person must not get credit over £500 without telling the creditor. The Bankruptcy and Chancery Office at the High Court keeps the insolvency register for Northern Ireland, separate from the register for England and Wales. A lender is likely to assess a Northern Ireland bankruptcy in the same way as one in England and Wales. For buying there, see our mortgages in Northern Ireland page.
Get in touch with your bankruptcy order and discharge dates.
Debt relief orders
A debt relief order (DRO) is an alternative to bankruptcy in England and Wales for people who cannot pay their debts. To qualify, a person must owe less than £50,000, have less than £75 a month of spare income, less than £2,000 of assets and no vehicle worth £4,000 or more, and must not own their home. They apply through an approved debt adviser (GOV.UK: debt relief orders). The £90 fee was removed on 6 April 2024, and the debt limit rose to £50,000 on 28 June 2024 (Insolvency Service: changes to debt relief orders). A DRO lasts 12 months, after which the debts included in it are written off. While it runs, the person must not borrow more than £500 without telling the lender about the DRO and cannot act as a company director. It stays on the credit file for six years and is removed from the Individual Insolvency Register three months after it ends.
Northern Ireland runs its own scheme, with the same £50,000 debt limit, £2,000 asset limit, £4,000 vehicle allowance, £75 a month income test and 12-month term (Department for the Economy: debt relief orders). Because a DRO is not available to homeowners, a mortgage after a DRO is often a first purchase. Some lenders group a DRO with bankruptcy in their criteria; how others treat it varies by lender.
Get in touch with the dates your DRO started and ended.
Individual voluntary arrangements
An IVA is a different procedure: a formal arrangement to repay creditors through an insolvency practitioner, usually lasting five or six years, after which the debts included in it are released. Lenders assess it on completion, and it stays on the credit file for six years from the date it started. A failed IVA can lead to bankruptcy, and lenders then look at the bankruptcy and its discharge date. Scotland's comparable route is a protected trust deed. Our IVA mortgages page covers the arrangement in detail.
Get in touch with your IVA completion certificate.
An income payments agreement can outlast discharge, ending up to three years after it is made. On an illustrative £50,000 income at 5 times, one costing £200 a month would cut the maximum on income from £250,000 to £238,000.
The bankruptcy record: the credit file and the Individual Insolvency Register
A bankruptcy can stay on the credit file for six years from the date of the bankruptcy order, not the date of discharge, and on the public Individual Insolvency Register until three months after discharge. GOV.UK counts the six years from the date of the bankruptcy, and the credit reference agencies are not told directly when a bankruptcy ends: they pick it up from public records (GOV.UK: when bankruptcy ends). Experian says a bankruptcy appears on its report for six years, or until discharge if that takes longer, so a discharge delayed beyond six years keeps the entry there (Experian: bankruptcy and your credit profile). After discharge, check the report held by each of the main credit reference agencies to see that the discharge shows.
The Individual Insolvency Register covers England and Wales. The Insolvency Service lists a bankruptcy on it while it is current and removes the entry three months after discharge; a bankruptcy restrictions order or undertaking stays listed until it expires (Insolvency Service: the Individual Insolvency Register). Scotland and Northern Ireland keep their own registers, covered above. Separately, a bankrupt person's name is usually removed from the Land Charges register after five years, and lenders can search that register when you apply for a mortgage.
Accounts included in the bankruptcy can also show as entries of their own, often as defaults. Lenders that report to Experian are expected to update them after discharge to show a nil balance and a partial settlement, and each entry leaves the file six years after its own default date, which can be earlier than the bankruptcy entry. After the six years, the bankruptcy no longer shows on the credit report a lender reads. Some lenders' application forms still ask whether you have ever been bankrupt, a question Experian notes is common on mortgage applications, and you must answer it accurately.
How time since discharge changes the options
Time since discharge is the main test lenders apply, and the longer ago the discharge, the more lenders tend to consider an application. Lenders set their own minimum periods and tiers, so the rows below describe the general direction, and each lender's criteria decide a case. Published rules fix two points: the credit file entry can go six years after the order, and the Mortgage Guarantee Scheme counts a bankruptcy order in force at any time in the three years before completion. Because a bankruptcy lasts until discharge, a loan through the scheme is out of reach until at least three years after discharge (HM Treasury: 2025 Mortgage Guarantee Scheme rules, Schedule 2).
How the choice of lenders changes with time since discharge
| Time since discharge | How the choice of lenders generally changes |
|---|---|
| Not yet discharged | Not normally accepted. In England and Wales, credit of £500 or more needs the bankruptcy disclosed. |
| Under one year since discharge | The narrowest stage. The minimum periods in published lender criteria start at one year after discharge, so very few lenders, if any, are likely to consider it, and any that do are likely to want a larger deposit. |
| One to three years since discharge | Some specialist lenders consider it, and they may grade the case in tiers that set the rate and maximum loan to value by time since discharge. |
| Three to six years since discharge | More lenders' minimum periods are met, which may include some lenders outside the specialist market. |
| Six years or more after the order | The bankruptcy can leave the credit file, and more lenders, including some on standard criteria, may consider the case. An application that asks whether you have ever been bankrupt must still be answered accurately. |
Credit rebuilt since discharge supports the application at every stage. A bank account run without problems, bills paid when due, a credit builder card or other credit kept small and repaid in full and on time, and registration on the electoral roll at your current address all build a record a lender can read. New adverse credit after discharge can count against an application more than the bankruptcy itself, because it is more recent and shows how you have handled credit since. Our low credit score mortgages page covers what lenders see on a thin or damaged file, and our guide on what to do when a bad credit mortgage is declined lists the checks to make after a refusal.
The home and the trustee in bankruptcy
On bankruptcy in England and Wales, the bankrupt's interest in their home passes to the trustee in bankruptcy, who can sell it or realise its value for the creditors. Where the bankrupt owns the home alone, the legal ownership passes to the trustee with any equity, and a bankruptcy restriction is added to the property's entry at HM Land Registry. Where it is jointly owned, the bankrupt's share of the equity passes and the other owners keep theirs. If the equity is more than £1,000, the trustee can sell the property or apply for a charging order, which fixes the amount the trustee will get when the home is sold later. A sale can be delayed for up to a year where children or a partner need time to find somewhere to live (GOV.UK: bankruptcy and your home).
Under section 283A of the Insolvency Act 1986, if the trustee has not dealt with the interest in a home that was the main residence of the bankrupt, their spouse or civil partner, or a former spouse or civil partner, within three years of the bankruptcy, it normally returns to the bankrupt without any transfer. Dealing with it means selling it, applying for an order for sale or possession or for a charging order, or agreeing with the bankrupt that they will pay a set sum in return for the interest. If the bankrupt does not tell the trustee or the official receiver about the home within three months of the bankruptcy, the three years run from when the trustee finds out instead (legislation.gov.uk: Insolvency Act 1986, section 283A). The Land Registry restriction stays until the trustee has dealt with the property, so it can still be there after discharge.
A partner, family member or other joint owner can buy the bankrupt's share from the trustee, which can stop a sale. The buyer usually needs a mortgage or remortgage to do it, often in their own name, and the lender assesses the buyer's income and the property in the usual way. Our single person mortgages page covers applying alone. A transfer of equity moves the share into the buyer's name. A lender asked to lend on a home in which a trustee still holds an interest will normally want that interest dealt with, and the restriction removed, before it lends.
Scotland's rules differ: the trustee can sell the home if that is the only way to pay the debts, and someone else, such as a joint owner, can buy the bankrupt's share of the equity (mygov.scot: your home). In Northern Ireland a joint owner, family or friends may be able to buy out the share. Mortgage Lane does not give legal advice, and a solicitor can explain the trustee's position on a particular home.
Declaring bankruptcy on a mortgage application
Answer every application question about bankruptcy accurately. While a bankruptcy lasts in England and Wales, obtaining credit of £500 or more without telling the lender of the bankruptcy is a criminal offence, and the same applies after discharge while a bankruptcy restrictions order or undertaking is in force (legislation.gov.uk: Insolvency Act 1986, section 360). After discharge, disclose the bankruptcy wherever the lender asks about it. While it is on the credit file the lender will see it anyway, so disclosing it with the dates from the start lets the case go to a lender whose criteria accept it.
Once the record has left the credit file, some lenders still ask whether you have ever been bankrupt, and Experian notes that this question is common on mortgage applications. A wrong answer can lead to a declined application. Lenders rely on the answers when they lend, so a mortgage obtained on a false answer can be at risk if the lender finds out later. We work from the dates on the bankruptcy order and the discharge, and check each lender's wording before an application.
How a mortgage after bankruptcy is arranged
- Dates and documents. The bankruptcy order date, the discharge date or a certificate of discharge, details of any restrictions order or income payments agreement, and credit reports from the main credit reference agencies, checked to see that the discharge is recorded.
- Credit since discharge. The record since discharge reviewed, and any new missed payments, defaults or judgments identified and explained.
- Lender match. The case set against each lender's rules on time since discharge, deposit and the record since; the lender chosen for its criteria, its loan to value limit and its pricing; and the loan checked against income, usually as a multiple of income after commitments.
- Agreement in principle and application. An agreement in principle with the bankruptcy disclosed with its dates, then the full application, the lender's valuation and its decision.
- Offer, completion and the next step. The mortgage offer and completion, with the initial rate period chosen so that the next remortgage falls after the next point that matters for your case.
From bankruptcy order to mainstream lenders: the arithmetic
A bankruptcy affects a mortgage application on a fixed calendar, so the dates show when the choice of lenders can change.
Step 1. The dates
An illustrative borrower was made bankrupt on 1 March 2023 and discharged automatically on 1 March 2024, with no restrictions order, no income payments agreement and no home involved, because they were renting at the time. The table shows when each change happens; lenders apply their own rules to each date.
Illustrative dates on a hypothetical bankruptcy in England and Wales. Not debt advice and not an offer of finance.
Step 1 figures: the dates on an illustrative bankruptcy
| Event | Illustrative date | What it means for a mortgage |
|---|---|---|
| Bankruptcy order | 1 March 2023 | The bankruptcy starts; credit of £500 or more needs it disclosed |
| Automatic discharge, one year later | 1 March 2024 | Released from the bankruptcy restrictions and debts; lenders count time since discharge from here |
| Individual Insolvency Register entry removed, three months after discharge | 1 June 2024 | The public register no longer lists it; the credit file entry stays |
| Three years since discharge | 1 March 2027 | More lenders' minimum periods can be met |
| Six years from the order | 1 March 2029 | The bankruptcy can leave the credit file |
Step 2. The options over time
The table compares three application dates. October 2026 is two years and seven months after discharge, March 2027 is three years after it, and March 2029 is five years after it and six years from the order. The positions show the general direction and are not any lender's rule.
Step 2 figures: applying at three dates
| Application date | Time since discharge | Likely position (illustrative) |
|---|---|---|
| October 2026 | Two years and seven months | Some specialist lenders, which may grade the case by time since discharge; a larger deposit may be needed |
| March 2027 | Three years | More lenders' minimum periods can be met, and the choice tends to widen |
| March 2029 | Five years, and six years from the order | The bankruptcy can leave the credit file; more lenders, including some on standard criteria, subject to any question about past bankruptcy |
Step 3. What the deposit decides
An illustrative purchase, not a product or an offer: a £250,000 home, a £37,500 deposit and a gross income of £50,000 with no other credit commitments. At 5 times income, the standard multiple in Mortgage Lane's experience, the income supports £250,000, so the loan to value limit decides the case. The table shows three limits a lender might set for the credit history: 90%, the usual ceiling for adverse credit on the cases we arrange, and 85% and 75% as lower examples, which are not any lender's tiers. We work out the payments over 30 years at 5.2%, the illustrative rate used across our guides, which is not a product rate.
Deposit at three loan to value limits on a £250,000 purchase
| Loan to value limit (illustrative) | Maximum loan | Deposit needed | Shortfall on a £37,500 deposit | Monthly payment on the maximum loan, 5.2% over 30 years |
|---|---|---|---|---|
| 90% | £225,000 | £25,000 | £0 | £1,235.50 |
| 85% | £212,500 | £37,500 | £0 | £1,166.86 |
| 75% | £187,500 | £62,500 | £25,000 | £1,029.58 |
On these figures, a 75% limit needs £25,000 more deposit than this borrower has, and £37,500 more than a 90% limit for the same home. The 85% loan costs £68.64 a month less than the 90% loan, for £12,500 more deposit. An income payments agreement would also count in the income check: one still running at £200 a month would take £2,400 a year off the income before the multiple, so the maximum on income would fall from £250,000 to £238,000, still above the £225,000 loan at 90%. In this illustration no agreement was made. An agreement can run for up to three years from the date it is made, so one agreed late in the bankruptcy could still be running in October 2026. Our 85% LTV mortgages page covers borrowing at that band.
Step 4. Structuring around the calendar
A borrower buying in October 2026 can choose an initial rate period that ends around March 2029, when the bankruptcy can leave the credit file, and remortgage then with a wider choice of lenders, provided they have made every payment on time since discharge. A two-year fixed rate taken in October 2026 would end in October 2028, five months before that date, and a five-year fixed rate would run to October 2031. A product whose initial period and any early repayment charge end soon after March 2029 keeps that option open; one that ends earlier means a remortgage while the entry is still on the file. Choose the first product for when you can leave it as well as for its rate; our remortgage with bad credit page covers that later step.
What decides the case
The order date and the discharge date are fixed once they have happened. You control the credit record you build from discharge, the size of the deposit and when you apply, and the broker's job is the choice of lender for the current stage and a product term that ends when the next stage opens. Check the credit reports and the dates first, because every later step depends on them. If a lender has already turned you down, our declined mortgages page sets out the recovery sequence.
Mortgage after bankruptcy calculator
The calculator shows the deposit a lender's loan to value limit needs, the most your income supports after credit commitments, the monthly payment and the months left until six years from the bankruptcy order. The starting figures are the illustration on this page: a £250,000 purchase, a £37,500 deposit, £50,000 income, an 85% limit and an order made 43 months ago. Enter your own figures, including any income payments agreement as a monthly payment, and move the limit to see how a lower limit for your credit history changes the deposit.
Frequently asked questions about mortgages after bankruptcy
Can I get a mortgage after bankruptcy?
Yes, you can get a mortgage after bankruptcy once you have been discharged, which in England and Wales usually happens automatically one year after the bankruptcy order. Some specialist lenders may consider an application soon after discharge. Each lender sets its own minimum period, and more lenders tend to consider you as time passes. The bankruptcy can stay on your credit file for six years from the date of the order. Once it has gone, lenders using their standard criteria may also consider you, although some still ask whether you have ever been bankrupt. In our experience adverse credit lending usually stops at around 90% loan to value, so a deposit of at least 10% is a realistic starting point.
How long after bankruptcy can I get a mortgage?
There is no single waiting period after bankruptcy, because each lender sets its own minimum time since discharge. Published lender criteria include minimums of one, two, three and six years, so some specialist lenders may consider a case a year or so after discharge, usually with a larger deposit, and more lenders come into range as time passes. Six years after the bankruptcy order, the bankruptcy can leave your credit file and a wider choice of lenders may consider you, subject to any question on the application about past bankruptcy. Discharge itself usually comes automatically one year after the order in England and Wales (GOV.UK: when bankruptcy ends).
Can I get a mortgage one year after bankruptcy discharge?
A mortgage one year after bankruptcy discharge is possible with some specialist lenders, but the choice is narrow. Some lenders' published minimums start at one year after discharge, while others ask for three or six years, so few lenders can consider you at this stage. Those that do may set a lower maximum loan to value, which means a larger deposit, and are likely to charge more than they would for a borrower with a clean credit file. A clean record since discharge strengthens the application. More lenders become available as time passes, so it is worth choosing the first product with a later remortgage in mind.
What deposit do I need after bankruptcy?
The deposit you need after bankruptcy depends on the maximum loan to value a lender offers for your time since discharge, and a more recent discharge can mean a lower maximum and a bigger deposit. Each lender sets its own limits. In our experience adverse credit lending usually stops at around 90% loan to value, so a 10% deposit is a realistic starting point and a larger one opens more lenders. On an illustrative £250,000 purchase, a 90% limit needs a £25,000 deposit, an 85% limit £37,500 and a 75% limit £62,500. Once the bankruptcy has left your credit file, standard deposits may apply with more lenders, subject to their questions about past bankruptcy.
How long does bankruptcy stay on my credit file?
Bankruptcy can stay on your credit file for six years from the date of the bankruptcy order, not from the discharge (GOV.UK: when bankruptcy ends). Experian keeps it for six years, or until discharge if that takes longer. Separately, the Individual Insolvency Register for England and Wales lists the bankruptcy until three months after discharge, and the Land Charges register usually removes the name after five years. Debts included in the bankruptcy can also show as entries of their own, each leaving the file six years after its default date. In Scotland, mygov.scot says a bankruptcy can stay on the credit file for at least six years.
Can I remortgage after bankruptcy?
Yes, you can remortgage after bankruptcy once you have been discharged, provided any interest the trustee held in the home has been dealt with and any bankruptcy restriction removed from the land register. A new lender assesses a remortgage as it would a purchase, on time since discharge and the credit record since. Where the mortgage continued through the bankruptcy, a product transfer to a new deal with the existing lender may be possible: with no extra borrowing and no change material to affordability, the FCA's rules do not require a new affordability assessment (FCA Handbook: MCOB 11.6.3R). The lender still decides whether to offer one.
Can I get a buy to let mortgage after bankruptcy?
A buy to let mortgage after bankruptcy is possible once you have been discharged, from specialist lenders whose criteria accept the time since discharge. Each lender sets its own minimum period, and more lenders consider the case as time passes. In England and Wales you are usually discharged after 12 months, and the bankruptcy can stay on your credit file for six years from the date of the bankruptcy (GOV.UK: when bankruptcy ends). The choice widens further once it has left the file. In Scotland bankruptcy is also called sequestration, and discharge usually follows after one year. The lender still assesses the loan mainly on the rent.
Can I get a mortgage after a Debt Relief Order?
Yes, you can get a mortgage after a debt relief order (DRO) once it has ended, although the choice of lenders is narrower while it is still on your credit file. A DRO lasts 12 months and stays on the credit file for six years (GOV.UK: debt relief orders). Some lenders group a DRO with bankruptcy in their criteria and set a minimum time since it ended; how other lenders treat it varies. Because a DRO is not available to homeowners, a mortgage after one is often a first purchase. The deposit needed depends on the lender's maximum loan to value for your history. Northern Ireland has its own DRO scheme with similar limits.
Can I get a mortgage while I am an undischarged bankrupt?
An undischarged bankrupt cannot normally get a mortgage. In England and Wales you must tell any lender about the bankruptcy before obtaining credit of £500 or more, and it is a criminal offence not to (legislation.gov.uk: Insolvency Act 1986, section 360). A mortgage application is usually possible only after discharge, which in England and Wales normally happens automatically one year after the bankruptcy order. In Scotland the threshold is different: mygov.scot says a bankrupt person must tell the lender before borrowing over £2,000, or any amount if they owe £1,000 or more in other debts.
Do I have to declare bankruptcy on a mortgage application?
Yes, you must answer every mortgage application question about bankruptcy accurately. While the bankruptcy is on your credit file the lender will see it anyway, so disclosing it with the dates lets the application go to a lender whose criteria accept it. After it leaves the file, some lenders still ask whether you have ever been bankrupt, and Experian says this question is common on mortgage applications (Experian: bankruptcy and your credit profile). A wrong answer can lead to a declined application, and a mortgage obtained on a false answer can be at risk if the lender finds out later. While you are undischarged in England and Wales, it is an offence to obtain credit of £500 or more without disclosing the bankruptcy.
Will a lender find my bankruptcy after six years?
After six years from the bankruptcy order, a lender will not normally see the bankruptcy on the credit report it reads, because it can leave your credit file at that point, unless discharge was delayed beyond six years. The Individual Insolvency Register entry will have gone three months after discharge, and the Land Charges register usually removes the name after five years. Some lenders ask on the application whether you have ever been bankrupt, and you must answer it truthfully, because the lender relies on the answer when it lends. Experian notes that the question is common on mortgage applications.
What happens to my house if I go bankrupt?
If you go bankrupt in England and Wales, your interest in your home passes to the trustee in bankruptcy, who may sell it or realise its value for your creditors. If the equity is more than £1,000, the trustee can sell the property or apply for a charging order instead, and a sale can be delayed for up to a year where children or a partner need time to move (GOV.UK: bankruptcy and your home). If the trustee has not dealt with the home within three years of the bankruptcy, the interest normally returns to you under section 283A of the Insolvency Act 1986, although the three years start later if you did not tell the trustee about the home. Scotland and Northern Ireland have their own rules.
Can I get a mortgage after sequestration in Scotland?
Yes, you can get a mortgage after sequestration, Scotland's form of bankruptcy, once you have been discharged, which usually happens after one year, or after six months under the Minimal Asset Process (mygov.scot: when bankruptcy ends). A lender is likely to assess it in the same way as a bankruptcy elsewhere in the UK, by time since discharge and the credit record since. Payments under a debtor contribution order can continue after discharge, usually for 48 months in total, and a lender counts them as a commitment while they run. The bankruptcy can stay on the credit file for at least six years, and details stay on the Register of Insolvencies for at least five years from the date of bankruptcy (18 months under the Minimal Asset Process).
Is a mortgage easier after an IVA or after bankruptcy?
It depends on the lender and the dates: lenders assess an IVA and a bankruptcy differently and set separate rules for each. A protocol IVA usually runs for five or six years and stays on the credit file for six years from its start, so lenders look at time since completion and the file can clear soon after. A bankruptcy is usually discharged after one year and stays on the credit file for six years from the order, so lenders look at time since discharge. Minimum periods vary by lender, and some lenders ask for longer after a bankruptcy than after a completed IVA. In both cases a clean record since decides much of the outcome.
Can my partner buy my share of our home from the trustee?
Yes, a partner, family member or other joint owner can offer to buy the bankrupt's share of a home from the trustee in bankruptcy, which can stop a sale (GOV.UK: bankruptcy and your home). The trustee values the share, and the buyer usually needs a mortgage or remortgage to pay for it, often in their own name. The buyer's lender assesses the buyer's income, credit file and the property in the usual way, and will normally want the trustee's interest and any land register restriction dealt with on completion. A solicitor acts on the transfer, and Mortgage Lane does not give legal advice on the trustee's position.
How can I rebuild my credit after bankruptcy?
To rebuild your credit after bankruptcy, register on the electoral roll at your current address, run a bank account without problems, pay every bill on time, and if you use credit, such as a credit builder card, keep the balance small and repay it in full each month. Experian also suggests keeping your details up to date and considering credit designed for people with low credit ratings (Experian: bankruptcy and your credit profile). Check that each credit reference agency shows the bankruptcy as discharged, because the agencies are not told directly when it ends. Lenders give weight to a clean record since discharge when they assess a mortgage application.
When am I discharged from bankruptcy?
In England and Wales most people are discharged from bankruptcy automatically one year after the bankruptcy order (legislation.gov.uk: Insolvency Act 1986, section 279). Discharge can take longer if you do not co-operate with the trustee, because the court can suspend it on the application of the official receiver or the trustee. A bankruptcy restrictions order or undertaking can extend the restrictions for between 2 and 15 years, and an income payments agreement can continue after discharge. In Scotland discharge usually comes after one year, or six months under the Minimal Asset Process, and in Northern Ireland bankruptcy normally lasts one year. You can apply to the court for a certificate of discharge as proof.
What is a bankruptcy restrictions order?
A bankruptcy restrictions order (BRO) extends the restrictions of bankruptcy for between 2 and 15 years where the official receiver considers the bankrupt was dishonest or to blame for their debts, for example by giving away assets or borrowing money they knew they could not repay (GOV.UK: bankruptcy restrictions orders and undertakings). A bankruptcy restrictions undertaking (BRU) has the same effect without a court hearing. While one is in force, you must not borrow more than £500 without saying you are subject to restrictions, or act as a company director without the court's permission, and it is listed on the Individual Insolvency Register. A lender is likely to treat a current one as serious adverse credit until it ends.
Does an income payments agreement affect a mortgage?
Yes, an income payments agreement (IPA) affects a mortgage application while it runs, because the payments come out of your income. An IPA is a written agreement with the trustee or official receiver to pay part of your income for a set period, which may continue after discharge but cannot end more than three years after the agreement is made (legislation.gov.uk: Insolvency Act 1986, section 310A); a court can make an income payments order with the same effect. A lender counts the payments as a commitment, which reduces the amount it will lend on your income. Once the agreement has ended, the payments drop out of the assessment.
Can a discharged bankrupt be a company director and get a mortgage?
A discharged bankrupt can act as a company director unless a bankruptcy restrictions order or undertaking is still in force, and can apply for a mortgage on the same footing as other discharged bankrupts. An undischarged bankrupt, or someone under a restrictions order, a restrictions undertaking or a debt relief order, cannot act as a director without the court's permission (legislation.gov.uk: Company Directors Disqualification Act 1986, section 11). A director who was bankrupt is assessed for a mortgage on salary, dividends or the company's profits in the usual way, and the lender also applies its own rules on time since discharge and the credit record since.
What is the Individual Insolvency Register?
The Individual Insolvency Register is the public record of bankruptcies, debt relief orders and individual voluntary arrangements in England and Wales, kept by the Insolvency Service (GOV.UK: search the insolvency register). It lists cases that are current or ended in the last three months, so a bankruptcy entry is removed three months after discharge, while a bankruptcy restrictions order or undertaking stays listed until it expires. Scotland has its own Register of Insolvencies, and Northern Ireland keeps separate registers. Removal from the register does not remove the bankruptcy from the credit file, where it can stay for six years from the order.
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