Understanding Unsatisfied Defaults and Their Impact
An unsatisfied default is a default that remains unpaid. The original creditor or a debt collection agency may still be pursuing the debt, or the debt may have been written off by the creditor while still appearing as unsatisfied on your credit file. Either way, the presence of unsatisfied defaults signals to potential lenders that there are unresolved financial issues.
Unsatisfied defaults cause more concern for mortgage lenders than satisfied ones for several important reasons:
- Ongoing financial liability - The outstanding debt represents a continuing obligation that could affect your ability to meet mortgage repayments
- Potential for legal action - Creditors with unsatisfied defaults may pursue County Court Judgements or other enforcement action, which could further affect your finances
- Indication of current financial difficulty - An unsatisfied default may suggest that you are still experiencing the financial problems that caused the original default
- Risk of charging orders - In some cases, creditors can apply for charging orders against your property for unsatisfied debts, which complicates any remortgage
Despite these concerns, the specialist lending market recognises that there are many reasons why defaults might remain unsatisfied. In some cases, the debtor may be disputing the amount owed, the original creditor may have ceased trading, or the homeowner may simply not have had the means to settle the debt yet. Specialist lenders assess each case on its individual merits rather than applying blanket rules.
The total value of your unsatisfied defaults matters significantly. A small unsatisfied default of a few hundred pounds will be treated very differently from unsatisfied defaults totalling thousands of pounds. Similarly, an unsatisfied default on a utility bill will generally be viewed less seriously than one on a credit card or personal loan.
Which Lenders Accept Unsatisfied Defaults?
The pool of lenders willing to consider applications with unsatisfied defaults is smaller than for satisfied defaults, but it is not insignificant. Understanding the landscape can help you focus your efforts and set appropriate expectations.
High street and mainstream lenders will almost universally decline applications with unsatisfied defaults. These lenders typically require a clean or near-clean credit file and have automated systems that will flag and reject applications with any outstanding defaults.
Near-prime lenders vary in their approach. Some will consider applications with very small unsatisfied defaults, perhaps under a few hundred pounds, particularly if there is only one and it is on a non-financial account such as a utility or telecommunications provider. However, most near-prime lenders prefer satisfied defaults and will be cautious about unsatisfied ones.
Specialist adverse credit lenders represent your best options when you have unsatisfied defaults. These lenders have been specifically set up to cater to borrowers with credit problems and have underwriters who assess applications manually rather than relying purely on automated scoring. Many of these lenders will consider applications with unsatisfied defaults up to certain limits.
Typical criteria from specialist lenders for unsatisfied defaults might include:
- Maximum value - Some lenders set limits on the total value of unsatisfied defaults they will accept, ranging from a few hundred to several thousand pounds
- Maximum number - Limits on the number of unsatisfied defaults, often between one and three
- Maximum LTV - Lower maximum loan-to-value ratios than for borrowers with satisfied defaults, often capped at 75% or 80%
- Minimum time since registration - Some require a minimum period to have elapsed since the default was registered
- Exclusions - Many lenders will not accept unsatisfied mortgage defaults or unsatisfied secured loan defaults
The rates offered by lenders who accept unsatisfied defaults will reflect the additional risk they are taking on. You should expect to pay a premium compared to borrowers with satisfied defaults or clean credit, but the rates can still be competitive when compared to standard variable rates or other forms of borrowing.
Should You Satisfy Defaults Before Remortgaging?
One of the key decisions you face when remortgaging with unsatisfied defaults is whether to try to pay them off before applying. This decision involves weighing up several factors, and the right answer depends on your individual circumstances.
Arguments for satisfying defaults first:
- More lender options - The number of lenders available to you increases substantially when defaults are satisfied, giving you access to more competitive rates
- Better interest rates - Rates for borrowers with satisfied defaults are generally lower than for those with unsatisfied defaults
- Stronger application - Satisfying defaults demonstrates financial responsibility and commitment to resolving past issues
- Removes the risk of legal action - Once a default is satisfied, the creditor can no longer pursue the debt through the courts
Arguments for remortgaging with defaults still unsatisfied:
- Speed - If you urgently need to remortgage, perhaps because your current deal is ending, satisfying defaults first may take too long
- Cash flow - You may not have the funds available to satisfy defaults without releasing equity through the remortgage itself
- Disputed debts - If you genuinely dispute the amount owed, satisfying the default might not be appropriate
- Statute-barred debts - If the debt is very old and statute-barred, making a payment could potentially reset the limitation period
Some specialist lenders will allow you to satisfy defaults from the remortgage proceeds. This means the defaults are cleared as part of the remortgage transaction, with the settlement amounts deducted from the equity released. This can be a practical solution if you have sufficient equity but lack the cash to settle defaults before applying.
If you are considering this approach, be aware that not all lenders offer it, and those that do may require specific conditions to be met. A specialist broker can advise on which lenders offer this facility and whether it would be suitable for your situation.