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Bankruptcies
& Foreclosures - Q & A
Q: How do you clear up bad credit?
A: There is no fast and easy way to repair damaged
credit that took months or years to occur. The law allows negative
information to appear on an individual's credit record from 7 to
10 years.
The first step is to check your existing credit record. Anyone can
obtain copies of their own credit report free of charge if they
have been turned down for credit recently. For a fee, people can
request copies of their own credit report from the three major credit
reporting agencies: Experian at (800) 392-1122, Equifax at (800)
685-1111 and Trans Union at (312) 408-1050. The bureau also should
provide instructions on how to read the report and how to dispute
any inaccuracies it contains.
If the credit report is correct, take care of any outstanding delinquent
obligations first.
Resources:
- "Rebuild Your
Credit: Law Form Kit," Nolo Press, Berkeley, Calif.; 1993.
Q: What
options are there after Chapter 11?
A: A previous bankruptcy can remain in a credit
file for seven to 10 years.
Depending on when the bankruptcy was discharged and what kind of
credit a borrower has reestablished since then, it needn't be an
obstacle to obtaining loan approval. The longer ago the discharge
occurred, the better off a loan applicant will be.
Many lenders also will take into account the circumstances surrounding
a bankruptcy. For example, they may look more favorably upon you
as a borrower if your bankruptcy was due to financial reverses you
suffered due to your employer's own financial difficulties. On the
other hand, if you declared bankruptcy because you overextended
your personal credit lines and lived beyond your means, a lender
probably won't be as forgiving.
If you are in the latter category, you may want to contact a mortgage
broker who may qualify them for a "b" or "c ,"
loan, which usually comes at a higher interest rate.
Resources:
- "Rebuild Your
Credit: Law Form Kit," Nolo Press, Berkeley, Calif.; 1993.
Q: Can
I refinance after bankruptcy?
A: Refinancing may be prudent but could be difficult
after a bankruptcy. If you're considering bankruptcy, you may want
to go to your current lender first and explain the situation. If
you have been current on your payments, the lender may be accommodating
and refinance your loan, easing your financial situation.
Q: How long do bankruptcies and foreclosures stay
on a credit report?
A: Bankruptcies and foreclosures can remain on
a credit report for seven to 10 years.
Some lenders will consider an borrower earlier if they have reestablished
good credit. The circumstances surrounding the bankruptcy can also
influence a lender's decision. For example, if you went through
a bankruptcy because your employer had financial difficulties, a
lender may be more sympathetic. If, however, you went through bankruptcy
because you overextended personal credit lines and lived beyond
your means, the lender probably will be less inclined to be flexible.
Q: What can I do if I have bad credit?
A: While some people have rebounded from a foreclosure
to buy another home within several years, credit problems stemming
from a foreclosure can continue much longer for others.
Real estate experts say you should be candid with your lender in
discussing these issues. If your bankruptcy resulted from losing
your job due to your employer's financial difficulties, a lender
probably will look upon your situation more favorably than if your
bankruptcy was caused by overextended credit cards.
Resources:
- "Rebuild Your
Credit: Law Form Kit," Nolo Press, Berkeley, Calif.; 1993.
Q: How
bad is a previous foreclosure on credit?
A: A property foreclosure is one of the most damaging
events in a borrower's credit history. In terms of the effect on
credit history, a deed in lieu of foreclosure or a short sale is
not as adverse an event as is a forced foreclosure.
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