Getting a mortgage after a consumer proposal is possible. In most cases, because you will not qualify for the best rate. But there are options. This could range from a lower loan to value to a second mortgage.
What is a Consumer Proposal?
A consumer proposal is a legal agreement between a debtor and his or her creditors when the debtor cannot afford to pay the creditors. In this process, the bankruptcy trustee will work with you to develop a “proposal”—an offer to pay creditors a percentage of what is owed to them, or extend the time you have to pay off the debts, or both.
The Bankruptcy and Insolvency Act (BIA) requires that the terms of a consumer proposal be completed within five years. A proposal is defined in the BIA as a proposal or consumer proposal for a composition. This can also be an extension of time, scheme, or arrangement by which a person, unable to discharge his or her financial obligations in the ordinary course, may make an offer to creditors to settle these obligations. Once the proposal is accepted, deemed or otherwise, by the creditors and the court, it is, in effect, a binding contract on both the debtor and the creditors.
Something to know:
The administrator, who is a licensed bankruptcy trustee, makes a binding offer to your creditors to settle debts. Creditors often agree to accept a significant discounted amount. The amount you pay depends on the amount you earn and how much property you own
A consumer proposals also:
-
- Avoids you going personal bankruptcy.
-
- Avoids your creditors taking legal action against you.
-
- Ensures that you do not lose your assets e.g. your home or car.
-
- Reduces the amount of money that you have to pay.
-
- Allows you to make monthly payments that you can afford.
-
- Allow you get to keep your assets
To qualify to make a consumer proposal, someone must:
-
- Be insolvent – have more debts than assets. Otherwise, you are unable to meet your obligations as they come due
-
- Owe less than $250,000 to your creditors, excluding a mortgage on your home
-
- Have enough income to make a monthly payment
A consumer proposal can be made by a consumer debtor unless the consumer debtor has already filed a notice of intention to make a proposal or has filed a proposal under division I of part III of the BIA and the trustee has not been discharged. A consumer debtor is defined as a natural person who is bankrupt or insolvent. This is also someone whose aggregate debts, excluding any debt secured by the debtor’s principal residence, do not exceed $250,000.00.
Why would someone consider a Consumer Proposal?
The main reason people enter into a consumer proposal is to get their finances back under control.
Reduces your personal and financial stress. A consumer proposal will have a less severe impact on your credit.
One enters into a consumer proposal when you owe more money than you can make payments for.
The debtor might avoid the stigma and practical consequences of bankruptcy (but not always). Usually, their credit rating will be affected. Also, the connotation of financial failure may still be present; • the debtor may be able to preserve assets and their equity in a car or house; and, • creditors may obtain a larger distribution than in a bankruptcy, alt=”sunlite mortgage”hough it may be over a longer period of time.
How can I get a mortgage when I am in a consumer proposal?
You can apply for a mortgage, renew or refinance your current mortgage during your consumer proposal. However, fewer lenders will be interested in giving you a mortgage.
You will need an experienced mortgage agent to help you find you a mortgage that’s right for you. Also, you might need a first and second mortgage or a private mortgage to access the equity you need from your property.
If you are a current homeowner and are in or are thinking about a proposal there are a few things you should consider. Renewing your mortgage or refinancing your mortgage might not be as easy and the rates might not be the most attractive for several years. Depending on your reestablished credit or the length of time you take to pay off, the proposal could seriously affect your credit rating.
