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Asked 2/19/2012

Can you refinance after bankruptcy?

I have a friend that this is very relevant to, and was wondering.

 
 
 
 
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Answer 1/4 - Submitted 2/20/2012

YES, you can, You didnt did anything wrong, it happens, The only thing is gonna be The High % and not many financial institutions would like to deal with you.

 
 

Answer 2/4 - Submitted 2/21/2012

You can apply for a refinance the day of your discharge from bankruptcy. But...will you be approved? Probably not. It depends on a number of factors, the most important ones being your income and the loan to value ratio. If you need $10,000.00 and you have $100,000.00 in equity your probably can refinance a property. As the ratio changes (you owe less and want more) the chances diminish. The old rule used to be that there had to be a two year period after being discharged from bankruptcy before you could get another loan (not set in stone, but most lenders used this rule). I suggest waiting a couple of years before attempting to get another loan.

 
 

Answer 3/4 - Submitted 2/23/2012

It really depends on the lender. The lender will probably want to have a copy of the discharge, and will most likely charge a higher interest rate, but they might be willing to lend the money.

I do note you asked about a "refinance" so I take it there is an existing loan or mortgage. Usually an existing secured debt such as a mortgage is reaffirmed in a bankruptcy and sometimes the interest rate or payment terms can be renegotiated in the reaffirmation agreement. Also, to reaffirm an existing mortgage in a bankruptcy, the debtor must show they have enough income to afford the payments otherwise it is assumed as a hardship on the debtor and a judge will not approve a reaffirmation of the debt.

So the first hurdle a debtor has to get through in bankruptcy is to show they can really afford the existing loan and that it is not a hardship on them. If the debt survives the bankruptcy and is reaffirmed, the debtors will have to continue making payments on that loan. If they want to try to lower that payment through refinancing, they can then seek out a few lenders and see if anyone is willing to do a refinance, but chances are with a recent bankruptcy on their record, they are not going to see a lower interest rate that would make the refinancing worthwhile.

 
 

Answer 4/4 - Submitted 3/21/2012

Yes, it's certainly not illegal. The issue will probably be finding a lender willing to make the loan. And even if you find one, the interest rate will probably be astronomical by comparable standards. Still, there's no harm in asking.

 
 
 
 
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