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Mortgage with BKR: what are your options?

Getting a mortgage with a BKR registration seems like an impossible task for many people. Rejection after rejection on mortgage applications creates frustration and can shatter your dreams of owning your own home. At Dynamite Netherlands, we understand all too well how this feels. In fact, we have already helped thousands of people with BKR problems to still be able to buy their dream home.

In this comprehensive guide, we take you through all aspects of a mortgage with BKR. You will discover exactly what a BKR registration means, what consequences it has for your mortgage application, and most importantly: what your concrete options are to still be able to buy your dream home. We will discuss different scenarios, depending on whether you have a positive or negative registration.

From our years of working with BKR problems, we know that there is almost always a way forward. Even with a BKR registration, there are ways to get a mortgage. Sometimes this is with a regular lender, in other cases it may help to address the registration first. In this guide, we share our knowledge and experience so you can take concrete steps toward your own home.

What is BKR and how does a BKR registration work?

The Bureau Krediet Registratie (BKR) in Tiel keeps track of the loans and credits you have taken out. This organization registers all loans and credits of €250 or more. These may include personal loans, revolving loans, credit cards, but also telephone subscriptions with handset or the ability to be in the red on your bank account.

So every Dutch person with a loan or credit has a BKR registration. That alone need not be a problem for your mortgage application. In fact, about 11 million Dutch people are registered with the BKR, about 95% of them with a positive registration.

There are two types of BKR registrations you can have:

  • Positive BKR registration: this involves paying off your loan or credit cleanly without arrears.
  • Negative BKR registration: in this, you have been in arrears for at least 2 months, which has resulted in a so-called arrears report (A code).

If you have repaid a loan on which there was a arrears notification, it will be converted to a recovery notification (H-coding). However, it remains visible in your BKR file for another five years. This means that even if you now have your financial affairs in perfect order, that old registration can still play tricks on you when you apply for a mortgage.

To gain insight into your own BKR situation, you can easily request your registration for free through the BKR website. This is always a wise first step before applying for a mortgage. That way you won't encounter any surprises during the application process.

 

"Many people do not know that even a phone subscription with an appliance or the ability to stand in the red can already cause a BKR registration. Be aware of this before applying for a mortgage. A positive registration is not a problem, but it can affect your maximum loan amount."

Deepak - Legal Specialist

Mortgage with positive BKR registration: impact on your borrowing capacity

A positive BKR registration means that you pay off your loans cleanly without arrears. While this in itself does not prevent you from getting a mortgage, it does affect how much you can borrow.

Mortgage lenders calculate your maximum mortgage amount based on your income as well as your monthly expenses. This includes all your current loans, even if you've never had payment problems with them. This works as follows:

For regular loans, the actual monthly charge on your credit is usually included in the calculation. For revolving loans and credit cards, banks assume a theoretical monthly charge of 2% of the credit limit, regardless of whether you actually use the credit. This can have a significant impact on your borrowing capacity.

 

An example: suppose you have a revolving credit with a limit of €10,000. The bank then calculates a monthly charge of €200 (2% of €10,000), even though you may not use the credit at all. This €200 per month is deducted from your maximum mortgage charge, which can result in a substantially lower maximum mortgage.

If you have a phone plan with a device, the monthly device fee is usually counted as a credit charge. The ability to be in the red on your account is also considered revolving credit, even if you don't use it.

What can you do to increase your borrowing capacity?

  • Pay off existing loans as much as possible before applying for a mortgage
  • Delete the possibility of being in the red on your account
  • Lower the limit of credit cards and revolving loans
  • Take out phone plans without the device or buy the device all at once

For a mortgage with BKR it is important to keep a close eye on your positive registrations. Request your BKR statement in a timely manner and discuss with a mortgage broker which credits affect your borrowing capacity. Sometimes it may be smart to pay off or close certain credits first before applying for a mortgage.

Requesting an intake interview

Mortgage with negative BKR registration: what are your options?

A negative BKR registration makes it considerably more difficult to get a mortgage, but it is not impossible. Your options depend greatly on the type of registration, how long it has been in place, and whether it is in active arrears or a recovery code.

The different BKR codes and their impact on your mortgage:

  • A-coding: This is an active arrears notification. Until it is converted to an H-coding, it is virtually impossible to get a mortgage from a regular bank. The arrears must be cleared first.
  • H-coding: This recovery notification means that the backlog has been cleared. With an H-coding, there are more possibilities, but much depends on the corresponding numerical code (H1, H2, H3 or H4) and how recent the recovery notification is.

The codes often include a number indicating the severity of the situation:

  • Code 1: A payment arrangement has been made. With an H1 code, your chances of getting a mortgage are reasonable if the arrangement has been neatly followed for some time.
  • Code 2: The lender has required that the entire loan be repaid in one lump sum. An H2 code makes a mortgage more difficult, but not impossible if the credit is repaid in full.
  • Code 3: There has been a write-off or waiver of at least €250. An H3 code is a serious impediment. Many banks require that the entire original debt be paid off first.
  • Code 4: The creditor has been unable to reach you for an extended period of time. An H4 code is seen by many banks as a signal of unreliability.

The different options when you have a negative BKR registration:

  1. Waiting for the registration to expire: A negative BKR registration remains visible for five years after the loan is repaid. If you have the time, you can wait until this period expires.
  2. Approach special mortgage lenders: There are lenders who do want to provide a mortgage with a negative BKR registration under certain conditions, especially with H1 codes. However, you should expect a higher interest rate.
  3. Getting BKR registration removed: If you think your BKR registration is unjustified or disproportionate, you can take legal action to have it removed. This is where Dynamite Netherlands can provide specialist help.
  4. Bring in additional equity: Some mortgage lenders are willing to step over a BKR registration if you bring in substantial equity, reducing the risk to them.

It's important to know that not every BKR code affects your mortgage chances equally. Much depends on the circumstances, your current financial situation and how you can explain the story behind your registration.

Taking out a mortgage with BKR registration: here's how to solve it

Explanatory video on mortgages by Mr. Frank Visser & Dynamite Netherlands.

Which banks provide a mortgage with BKR registration?

If you have a BKR registration, it is crucial to know which banks and other mortgage lenders are willing to give you a mortgage anyway. This varies greatly from bank to bank and depends on the type of registration you have.

With a positive BKR registration, most mainstream banks are willing to provide a mortgage, although as discussed earlier, borrowing capacity will be lower due to existing credit charges. Below is an overview of the options for different types of registrations:

Mortgage with positive BKR registration:

Almost all banks and mortgage lenders provide mortgages with positive registrations. The big names such as ABN AMRO, Rabobank, ING, Nationale Nederlanden, as well as smaller lenders have no problem with this as long as you have sufficient income to carry the mortgage and existing loan charges.

Mortgage with H1 coding (recovery code after payment arrangement):

Some banks are willing to still provide a mortgage here under conditions. These are often the more flexible parties such as NIBC, Venn Hypotheken, Bijbouwe, Florius and Dynamic Credit. A condition is usually that the payment schedule has been followed correctly for a long time and there is sufficient income.

Mortgage with H2, H3 or H4 coding:

This becomes a lot more difficult. Most mainstream banks will reject you with these codes. There are some niche players such as Hypotrust, IQWOON or BLG Wonen that can provide customized solutions in specific cases, but expect higher interest rates and stricter terms.

Mortgage with active A code:

With an active arrears report, it is almost impossible to get a mortgage from a regular bank. In these cases, the advice is to first clear the arrears or have the registration removed.

What also plays into banks' assessment:

  • The age of the registration: The longer ago the problems occurred and the longer you have been fulfilling your obligations nicely, the more likely a bank will want to get over your BKR registration.
  • The amount of arrears: For small arrears, banks are often more lenient than for large amounts.
  • The reason for arrears: If you have a clear and understandable explanation for your payment problems (such as illness, unemployment or divorce), this can help with your application.
  • Your current financial situation: The more stable your current income and the lower your current expenses, the more chance you have.

If you are unsure about your options, it is wise to first seek advice from a mortgage broker who has experience with BKR issues. Dynamite Netherlands can also help by assessing whether your BKR registration may be unjustified and can be removed.

Removing BKR registration for a mortgage application

When a mortgage with BKR registration proves impossible through regular avenues, removing an unjustified or disproportionate registration can be an effective solution. At Dynamiet Netherlands, we have extensive experience in successfully removing BKR registrations, after which our clients were still able to buy their dream home.

Not every BKR registration can be removed just like that. There must be one of the following situations:

  • The registration is unjustified: This may be the case if you were never in arrears, yet a negative report was placed. Or if you were in arrears, but caught up in time and a coding was still placed.
  • The registration is disproportionate: This considers whether the consequences of the registration are proportionate to the offense. For example: a small backlog of just a few days caused by a clerical error should not limit your financial ability for five years.
  • The registration does not meet legal requirements: Lenders must follow strict rules when placing a BKR registration. For example, they must give you timely warning before posting a registration. If they have not followed these rules, this could be grounds for removal.

How does removing a BKR registration work for you mortgage and home buying?

  1.  Intake and assessment: We conduct a free intake interview to assess your situation. Our lawyers will determine if there is a chance of success and provide honest advice.
  2.  File building: We collect all relevant documents and build a strong legal file based on legislation and case law.
  3.  Negotiation: We start negotiations with the lender who did the BKR reporting, with the goal of getting the registration removed.
  4.  Legal Procedure: If negotiations do not yield the desired result, we can initiate legal proceedings. This can be done through summary proceedings if there is urgency due to a pending mortgage application.
  5.  Removal and verification: After successful removal, we verify that the registration has actually been removed from the system so that your mortgage application can proceed without hindrance.

Removing a BKR registration is specialized legal work. The success rate depends heavily on the specific circumstances of your case. At Dynamite Netherlands, we work on a no cure, no pay basis for certain cases, indicating our confidence in our approach.

For a mortgage application with strict deadlines, we also offer emergency procedures, where we can get results within days or weeks. This can be crucial if you have signed a preliminary sales contract with a resolutive condition for financing.

Our specialists take care of your negative BKR registration

Jan Doeke Biesheuvel
  • Has resolved hundreds of cases without court intervention
  • Substantively a very strong lawyer
Nurettin Kocak
  • Has gained great respect within the legal services industry
  • A decisive and no-nonsense lawyer
Lisa van Gulik
  • Has successfully represented hundreds of clients
  • Start lawsuits and proceedings at the Kifid
Deepak Thakoerdien
  • 14 years of experience in legal proceedings
  • Known from the media
View our team

Frequently asked questions about mortgage with BKR

Which bank gives mortgage with BKR?

Can you get a mortgage with BKR registration?

How much does BKR save on mortgage?

What debts affect a mortgage?

Getting a mortgage with a BKR registration can be a challenging road, but it's important to remember that there are often more options than you initially think. Whether you have a positive registration that affects your ability to borrow, or a negative registration that seems to close doors, there are almost always solutions to be found.

At Dynamite Netherlands, we are happy to help you identify your options. We can investigate whether your BKR registration is justified and whether there are legal grounds to have it removed. Please contact us for a free, no-obligation consultation in which we will assess your situation and give honest advice about your chances.

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