Can You Get a Mortgage in Chapter 13?

FHA and VA may allow a mortgage in Chapter 13 after about 12 months of on-time payments and trustee approval. Conventional loans usually wait for discharge.

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Can You Get a Mortgage in Chapter 13?

November 4, 2026

Yes, you may be able to get a mortgage during Chapter 13. FHA and VA guidelines generally allow it after about 12 months of on-time plan payments with written permission from the bankruptcy trustee or court. Conventional loans under Fannie Mae and Freddie Mac guidelines generally require waiting until after discharge, with a longer wait after a dismissal. Lenders may add their own overlays.

Program rules. HUD Handbook 4000.1 generally allows an FHA loan during Chapter 13 once at least 12 months of the plan's payments are made on time and the trustee or court approves the new mortgage in writing. VA guidelines are similar. For conventional loans, Fannie Mae generally requires two years from discharge, or four years from a dismissal, with possible reductions for documented extenuating circumstances. Freddie Mac's guidelines are similar but not identical. Always check the current program guide and ask the lender which rule it applies.

Trustee approval and choosing a lender. Your bankruptcy attorney and trustee will want to see the new payment, the loan terms and how the purchase fits your plan budget, so expect paperwork and some waiting. Many lenders won't do Chapter 13 files at all through their overlays, or they limit them to manual underwriting, which some lenders don't offer. Ask early whether the lender works with active Chapter 13 borrowers, and coordinate deadlines with your purchase contract so a trustee delay doesn't put your earnest money at risk. A broker can compare lenders that accept these files.

Questions to ask and quick answers. Ask each lender: Do you lend to borrowers in an active Chapter 13 plan? Which programs allow it, and do you require manual underwriting? What documents do you need from my trustee? How long does trustee approval usually take for your borrowers? Do you have overlays beyond the program guide? Can I refinance during Chapter 13? Possibly, with court or trustee approval and a lender that accepts it. Do late plan payments matter? Yes, lenders generally want the plan payment history to be on time. Is it easier to wait for discharge? It can open conventional options, but FHA and VA may let you buy sooner. See our posts on Chapter 7, lender overlays and FHA loan requirements.

A mortgage during Chapter 13 is often possible through FHA or VA after about a year of on-time plan payments and written trustee or court approval, while conventional loans generally require waiting until after discharge. Pick a lender that accepts active Chapter 13 files and plan around trustee timing. Sources: HUD Handbook 4000.1 (hud.gov); VA Lenders Handbook, M26-7 (va.gov); Fannie Mae Selling Guide B3-5.3-07; Freddie Mac Single-Family Seller/Servicer Guide. General education only, not legal advice. LoFi Rate is an independent matching service, not a lender or mortgage broker. If you request a match, your information is shared with independent mortgage professionals licensed in your state.