Guide · Special situations

Getting a mortgage after bankruptcy or a consumer proposal

It is not a permanent no, it is a question of time. What stays on your file, for how long, and what makes you eligible again.

In short

Yes, it is possible, but it takes time. A first bankruptcy without surplus income generally leads to a discharge after 9 months; a consumer proposal lasts 5 years at most. After that, the information stays on your credit report: generally 6 years after discharge for a first bankruptcy (7 years at TransUnion in Quebec and a few provinces), and for a proposal, 3 years after it is paid off or 6 years after signing, whichever comes first. For a CMHC-insured mortgage, at least one borrower or guarantor must have a score of 600.

9 months
before discharge from a first bankruptcy without surplus income, unless opposed
Office of the Superintendent of Bankruptcy
6 years
after discharge: the usual time before a first bankruptcy leaves the credit report
FCAC
600
the minimum credit score of at least one borrower or guarantor for a CMHC-insured mortgage
CMHC

Bankruptcy or proposal: the timelines

At the end of a proposal, you receive a certificate of full performance. The Office of the Superintendent of Bankruptcy advises sending a copy to the credit reporting agencies so your file is updated.

Length of the process and time on the credit report
SituationLength of the processOn the credit report
First bankruptcy, no surplus income9 months (unless opposed)Generally 6 years after discharge; 7 years at TransUnion in Quebec, Ontario, PEI and NL
First bankruptcy, with surplus income21 months (unless opposed)Same rule
Second bankruptcy24 months, or 36 with surplus income14 years
Consumer proposal5 years at most3 years after all included debts are paid, or 6 years after signing, whichever comes first

Sources: Office of the Superintendent of Bankruptcy, “Compare debt solutions”; FCAC, “How long information stays on your credit report”.

What the lending rules say

The Office of the Superintendent of Bankruptcy warns that, generally, a person who goes bankrupt or files a proposal is assigned the lowest possible credit score, and that no lender is required to give them credit. For an insured mortgage, CMHC requires at least one borrower, or a guarantor, to have a score of at least 600. No official CMHC page sets a waiting period after bankruptcy: the insurer and the lender judge the file.

If the big banks say no, alternative lenders price the risk instead of refusing it, at a higher cost: the alternative lenders guide explains it.

Rebuilding your credit

  1. Pay your creditors on time and keep your usage under 30% of available credit, as the Office of the Superintendent of Bankruptcy recommends.
  2. Consider a secured credit card: FCAC presents it as an option if you have filed for bankruptcy in the past.
  3. At the end of a proposal, send your certificate of full performance to the credit reporting agencies.
  4. Check your credit report before applying for a mortgage, and have any information that should be removed corrected.
  5. Talk to a mortgage broker about lenders that accept your situation, and the cost.

And the home you already own?

In a consumer proposal, the Office of the Superintendent of Bankruptcy states that you keep your assets, including your house, as long as you follow the proposal. In a bankruptcy, the trustee takes possession of assets that are not exempt, and the list of exempt assets varies by province.

Frequently asked questions

How long after bankruptcy can I get a mortgage?

No official rule sets this delay. The bankruptcy generally stays on your credit report 6 years after discharge (7 years at TransUnion in Quebec); some alternative lenders lend sooner, at a higher cost.

How long does a consumer proposal stay on my file?

Equifax and TransUnion remove it 3 years after all included debts are paid, or 6 years after signing, whichever comes first.

What credit score do I need for an insured mortgage?

For a CMHC-insured mortgage, at least one borrower or guarantor must have a minimum score of 600.

Do I keep my house in a consumer proposal?

According to the Office of the Superintendent of Bankruptcy, yes, as long as you follow the terms of the proposal.

Sources

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Updated

General information, not legal or financial advice. For your situation, consult a mortgage broker or a licensed insolvency trustee.