Mortgage after bankruptcy and repossession

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  • leighblue
    leighblue Posts: 31 Forumite
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    There is no such thing as a black mark on your credit file

    Some lenders will accept your application, some won't depending upon the whole picture. The size of the deposit, the stability of your income & your outgoings are the important factors. Credit history plays a part, but not with all lenders

    Never lie on an application, lenders are spending vast amount of money on fraud detection, and any suspicions are reported to the hunter system, which can seriously harm you in the long term

    Be honest, speak to an independent adviser who knows what he is doing, and mortgages are possible for discharged BR from 1 year after discharge.
  • silvercar
    silvercar Posts: 46,967 Ambassador
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    Never lie on an application, lenders are spending vast amount of money on fraud detection, and any suspicions are reported to the hunter system, which can seriously harm you in the long term

    Definitely true. Also if you lie on a mortgage application you are committing fraud - obtaining money by deception. This is a criminal offence with consequences. Some lenders will ask if you have ever had a property repossessed, you have to answer truthfully.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Bazza73
    Bazza73 Posts: 32 Forumite
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    silvercar wrote: »
    Some lenders will ask if you have ever had a property repossessed, you have to answer truthfully.

    Q1: I know there used to be a mortgage repossessions database maintained by the CML, but this has been done away with (see http://www.checkmyfile.com/articles/403/mortgages/how-mortgage-repossessions-are-reported.htm). How are repossessions recorded on CRA files? Just wondering as my own repossession is not listed on any of my CRA files.


    Q2: If repossessions are recorded on your CRA file somewhere, how long do they stay there for?


    Q3: If bankruptcy legally drops off your file after 6 years, then inline with the data protection act around data being relevant, are lenders legally aloud to ask the 'ever' question? Surely they are only allowed to ask relevant questions?

    Cheers.
  • silvercar
    silvercar Posts: 46,967 Ambassador
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    I think there is some confusion over answering questions truthfully and whether lenders can find out if you lie.

    Whether or not lenders can find out anything over 6 years old, if you lie you risk being found out. To lie on a mortgage application is fraud - obtaining money by deception. At worst you could be prosecuted and end up with a criminal record, there is the risk that the lender calls in the loan.

    Whether you decide to answer a question truthfully is a matter for you. If you are basing your decision on whether you are likely to be found out, judging from the posts on this thread, online searches are unlikely to reveal anything over 6 years old. Whether there is a chance that somewhere there are accessible scanned copies of the gazette is a distinct possibility.

    There is always the risk that a lender may "only" perform online searches when deciding on applications but that if you took a mortgage and ended up with arrears, someone somewhere may search deeper and find out a previous bankruptcy and use it to call in the loan.

    My worry would be that a mortgage application is accepted, you exchange on a property and then before completion the lender does further research and uncovers something that means they decline the mortgage, leaving you stuck with an obligation to complete and no money to do so.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • 2kadmin
    2kadmin Posts: 54 Forumite
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    Firstly Silvercar is completely right and that is the best answer I think I have read on the subject of lying on applications.

    I have read a lot of scaremongering about the banks and the millions they spend on fraud detection. In reality this is to detect the applications where the fraudster has no intention of repaying the money. The bottom line is the Banks could impose many more checks on you before offering credit, such as requiring your National Insurance Number. They don't as the current system makes them billions, and in order to make that money they need a method of people with 'history' obtaining a new start. What they really want to do is lend people money, and those people pay it back, with interest of course!

    Bazza

    Q1: Not all repo's are recorded, the current scheme only covers 95% of mortgages. Is your BR on your credit file? Has your old property been sold?

    Q2: According to the CML it stays on your credit file 6 Years.

    Q3: An interesting question, technically you are correct if it's considered out of date by the credit reference agencies then no. However, it is a matter for public record... But in reality even if they found your Gazette record is there anything that could link that to yourself? On mine there is nothing other than someone with the same name as me went Bankrupt that happen to live in the same county six years ago.

    On a personal level, short of this forum day to day I have completely forgotten about my BR. I fill out credit applications when I need credit and touch wood haven't been declined. I mostly likely have lied inadvertently thinking about it, where it says tick this box to accept our terms and conditions as almost certainly thinking back one of the lenders would have some kind of caveat about having ever been BR. That said, I went to great lengths to ensure I didn't lie on my mortgage application, I didn't tell them about my BR, but technically they didn't ask either. A number of lenders including the Halifax have started to put this in the lending criteria.

    "The Bankruptcy question should be answered as yes if you have had a bankruptcy/IVA or Debt Relief Order within the last 6 years OR still have an outstanding Bankruptcy Restriction Order."

    For those of you looking for a mortgage post BR, my best advice is wait the 6 years while you save a deposit, check your credit file, and pick your lender carefully. You wont need a whole market broker and you can get a market rate. Just use Google and look up the lending criteria of the various lenders and pick the one that suits your circumstances.

    I hope this helps

    2k
  • Bazza73
    Bazza73 Posts: 32 Forumite
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    2kadmin wrote: »
    Q1: Not all repo's are recorded, the current scheme only covers 95% of mortgages. Is your BR on your credit file? Has your old property been sold?

    Yes, the BR is on the file but no listing or record of the repo - this is why I was wondering if it still gets recorded somewhere else.
    2kadmin wrote: »
    Q3: An interesting question, technically you are correct if it's considered out of date by the credit reference agencies then no. However, it is a matter for public record... But in reality even if they found your Gazette record is there anything that could link that to yourself? On mine there is nothing other than someone with the same name as me went Bankrupt that happen to live in the same county six years ago.
    I suppose this is less of a BR question and more of one for the Information commissioners office around what questions lenders are legally allowed to ask as opposed to the ones they do ask and try to get away with asking.
  • 2kadmin
    2kadmin Posts: 54 Forumite
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    Hi Bazza,

    Then it looks like you are one of the lucky ones, was your repo post bankruptcy? I suppose if you have a BR marker it's not worth updating the file further.. The only other place that might give it away is the land registry, as they keep the House Price Index which doesn't record sales if the property is repossessed, however they would show a change of ownership. So if you looked at the land registry entries for your repo'd property it would show a change of ownership and not have a corresponding record on the house price index. However, I would think it would be unlikely that you would be listing that as a place you've lived on credit applications!

    As for the BR question.. I agree, particularly as even criminal convictions can be treated as 'spent'.. IMO the whole thing needs a shake up, however I suspect it's kept as it works for the banks. People are scared of the term 'credit fraud', and the mistaken belief all these systems are linked. The majority of people don't lie, I know of a few people who have and thus far would appear to have gotten away with it, but I don't think I could sleep at night if I had. As I have pointed out before there are ways to work the system to not lie.

    2k
  • freddy911
    freddy911 Posts: 555 Forumite
    edited 14 March 2017 at 3:18PM
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    2kadmin wrote: »
    Repossessions are recorded as part of your credit history, "The Committee of Mortgage Lenders (CML) is a trade body representing the mortgage industry. It has 111 full members (banks, building societies and other mortgage lenders) and 86 associate members (other institutions who have an interest in the mortgage market) - and membership covers 94% of all UK residential mortgages.

    CML members report repossessions - called the 'Repossessions Register' - to some credit reference agencies for the purpose of trying to avoid over-indebtedness. An entry on the Repossessions Register will have a serious impact on your credit score and will remain on your credit report for six years."


    2k

    Sorry I know this is an old post but wanted to correct the incorrect info posted so other people finding this thread as I just have wont be miss informed, when people post something as fact they really should check the facts first.

    The CML repossession register was scrapped in 2010 and repossessions are no longer recorded.

    "The possessions register (the register) was a CML initiative and was established in conjunction with two major credit reference agencies namely, Experian and Equifax. The register listed properties taken into possession on both a voluntary and involuntary basis by those lenders participating in the scheme, with the aim of preventing fraud, over commitment and loss.
    The register has been withdrawn with effect from 30 June 2010 and the data held on it has been removed and destroyed. We do not believe that this will cause any consumer detriment."
  • 2kadmin
    2kadmin Posts: 54 Forumite
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    Hi freddy911,

    Great update! At the time of writing the CML repossession section was still showing on checkmyfile.com so I assumed (incorrectly as you state that the register was still running) having been BR in 2008 it was relevant to me during my BR.

    "The improvement of the way repossessions are reported on credit reports within shared databases such as CAIS, Insight and Share resulted in the duplication of reporting of repossessions, which was cited as the reason for the abandonment of the Repossessions Register and the destruction of the database on 30 June 2010."

    So all this time on, if anyone is re-reading this for information.. The advice is still check your credit file, clean up, and apply!
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