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I got married one year ago- can I get a mortgage if wife filed bankruptcy 2 years ago?

Chicago, IL |

Can I get a mortgage in just my name even though I am married now to avoid any problem obtaining a loan?

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Attorney answers 4


Maybe - it's impossible to answer your question definitively since every mortgage company has their own rules and guidelines. Your best bet is to sit down with a mortgage representative from your bank and see if they can help.


Assuming you qualify from a credit standpoint yourself and do not need her income to qualify, you should be able to get a mortgage loan regardless your wife's bankruptcy. She will be asked to sign for the limited purpose of making clear the mortgage is not subject to any homestead interest created by marriage and occupancy, but her credit would not be involved in the application review process. I encourage you to sit down with a reputable loan officer to review the best course and to close using an attorney regularly engaged in real estate transactions. I would be pleased to speak with you.


Your question is whether you can get a mortgage if your wife filed bankruptcy 2 years ago. The answer depends on a number of factors:

- Will you be applying individually or jointly for the mortgage?
- Who owns the home: just you? Both of you? Just your wife?
- What kind of bankruptcy did you wife file? Chapter 7 or 13?
- Your current FICO score as well as your wife's FICO score?

In addition to being an Attorney I own a title company and work closely with a mortgage lender. Feel free to contact our office to ask more specific questions. I hope this information has been helpful. Good luck in your endeavors.


Probably yes. If you apply for the mortgage yourself your wife's bankruptcy will not come into play. I recommend using a Mortgage Broker. they work with many lenders, and shop around to find one who will make you a loan. There is a fee, however it saves you precious time. A good online broker is E-Loan.

Examine your wife's credit since the bankruptcy to see if it has improved, if it has she may actually improve your results.

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