Specialist information for UK homeowners with adverse credit

Specific situation · CCJs

Remortgaging with an unsatisfied CCJ

An unsatisfied CCJ is one that has not yet been paid in full, and it usually narrows your remortgage options more than a paid one.

In short

  • An unpaid CCJ is usually viewed more cautiously than a satisfied one, and some lenders will not consider it at all.
  • Paying it before you apply, from your own money, avoids adding the debt to your mortgage.
  • Some lenders may agree to lend if the CCJ is cleared from the completion funds, which secures that debt on your home.
  • A charging order linked to the CCJ has to be dealt with by the solicitor as part of the remortgage.
  • Updated
  • General information, not advice

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Your home may be repossessed if you do not keep up repayments on your mortgage.

Some lenders who consider adverse credit will not look at an unsatisfied judgment at all, while others may only proceed if it is cleared before or during the remortgage. The debt behind it is also still owed and can, in some circumstances, still be pursued by the creditor.

This page looks at the choices for dealing with an unpaid CCJ, including paying it yourself first and clearing it from the funds when your remortgage completes. For what changes once it is paid, see remortgaging with a satisfied CCJ, and for the main overview, see remortgaging with a CCJ.

On this page

This page covers

Credit issue
County court judgments (CCJs)Usually stays on your credit file for 6 years from the judgment date.
Status
Not yet settledOutstanding balances usually narrow the options, and some lenders may expect them to be cleared as part of a remortgage.

Read the main guide: Remortgaging with a CCJ

In short

  • An unpaid CCJ is usually viewed more cautiously than a satisfied one, and some lenders will not consider it at all.
  • Paying it before you apply, from your own money, avoids adding the debt to your mortgage.
  • Some lenders may agree to lend if the CCJ is cleared from the completion funds, which secures that debt on your home.
  • A charging order linked to the CCJ has to be dealt with by the solicitor as part of the remortgage.

Your home may be repossessed if you do not keep up repayments on your mortgage. Think carefully before securing other debts against your home. Borrowing over a longer term can mean paying back more in total.

Why an unsatisfied CCJ is treated more cautiously

A CCJ is only marked satisfied once the court has a record that the debt was paid in full. Until then, it shows as unsatisfied, and the underlying debt can still be enforced. Some lenders will decline an application outright if there is an outstanding judgment; others will consider it, often at a lower loan to value, and may want it cleared as a condition of lending.

It is worth checking your file rather than assuming: paying by instalments does not update the status until the final payment is recorded, so a judgment you think of as "nearly paid" may still show as fully unsatisfied.

Paying it yourself, or paying through the remortgage

There are broadly two routes if the CCJ is still unpaid when you want to remortgage. Which one suits you often depends on whether you have savings, how much equity you have, and how urgent the remortgage is.

Ways an unsatisfied CCJ may be dealt with before or during a remortgage
ApproachWhat happens to the CCJWhat it means for your home
Pay in full from savings or income before you applyMarked satisfied once recorded; still stays 6 years from the judgment dateNothing is added to your mortgage
Clear it from the funds when the remortgage completesMarked satisfied on completionThe debt becomes secured against your home as part of the new mortgage
Apply without paying itStays unsatisfiedSome lenders will decline; others may lend at a lower loan to value or with conditions

For illustration only. Every lender sets its own criteria, and a specialist adviser can explain which route may be available to you.

Clearing debts through your mortgage secures them on your home

If a CCJ or other debt is added to your mortgage, it becomes secured on your property, and your home could be at risk if you fall behind on payments. Spreading a debt over a longer mortgage term can also mean paying more overall. See debt consolidation remortgage before deciding, or read more on remortgaging to pay off a CCJ.

What if there is a charging order on the property?

If a CCJ was not paid, the creditor can apply to the court for a charging order, which secures the debt against your home rather than leaving it as an unsecured judgment. A charging order has to be dealt with when you remortgage or sell, usually by your solicitor as part of the legal work, and it will normally need to be repaid or formally released.

Tell an adviser about a charging order at the very start. It changes what the solicitor needs to check and can affect timing, so it is better dealt with early than discovered during the legal process.

If you cannot afford to pay the CCJ

An unsatisfied CCJ is often a sign that other debts need attention too, and a remortgage is not the only way to deal with that. Free, confidential help is available from StepChange, National Debtline and MoneyHelper, and they can talk through options including repayment plans agreed directly with the creditor.

  • Check whether the judgment amount is correct and whether interest is still being added
  • Ask the creditor about a repayment plan if you cannot pay in full
  • Get a written statement of the balance before deciding how to deal with it
  • Speak to a free debt adviser if the CCJ is one of several money worries

What lenders may look at with an unsatisfied CCJ

What lenders may look at with an unsatisfied CCJ
FactorWhy it matters
Amount outstandingHow much is left to pay, and whether it is a small residual balance or the full judgment.
Age of the judgmentA recent unsatisfied CCJ is usually harder to place than an older one that has simply not been formally settled.
Charging orderWhether the creditor has secured the debt against the property, which the solicitor must deal with.
Willingness to clear itWhether you can pay it yourself or would need to clear it from the remortgage funds.
Other adverse creditDefaults or missed payments alongside the CCJ, which our page on a CCJ and defaults covers.
Loan to valueHow much equity you have. More equity can widen the choice, especially if the CCJ is being cleared from the loan.
Income and affordabilityWhether the new payment is affordable once stress tested, and how your income is evidenced.
Mortgage payment historyWhether your own mortgage has stayed up to date while the CCJ has gone unpaid.

These are general points, not lender rules. Each lender sets and changes its own criteria.

Information an adviser may ask for

You don’t need all of this to make an enquiry. It helps to know where to find it, because an adviser is likely to ask about most of it.

  • The judgment date, amount, court and current outstanding balance
  • Whether a charging order has been registered against the property
  • Whether you intend to pay the CCJ yourself or clear it on completion
  • Any correspondence with the creditor about repayment
  • Your mortgage balance, deal end date and an estimate of your home’s value
  • Proof of income and your main monthly outgoings

Frequently asked questions

Can I get a mortgage with an unpaid CCJ?

It can be possible, though options are usually narrower than with a satisfied one. Some lenders will not consider an outstanding judgment at all, while others may lend if it is cleared before or during the remortgage. A specialist adviser can point you towards lenders who consider adverse credit.

Is it better to pay off the CCJ before I apply?

If you can afford to, paying from your own money avoids adding the debt to your mortgage and secures nothing extra on your home. It also means the judgment shows as satisfied by the time a lender checks your file, which some may view more favourably.

What happens to a charging order when I remortgage?

Your solicitor will need to deal with it as part of the legal work, usually by repaying it from the proceeds or arranging for it to be released. Tell your adviser about a charging order as early as possible.

Does the CCJ debt just go away if I do nothing?

No. An unsatisfied judgment means the debt is still owed and can still be enforced. It will also continue to show on your credit file for 6 years from the judgment date, whether or not it is ever paid.

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Your home may be repossessed if you do not keep up repayments on your mortgage. Think carefully before securing other debts against your home. Borrowing over a longer term can mean paying back more in total.

Check your remortgage options

Your home may be repossessed if you do not keep up repayments on your mortgage. Think carefully before securing other debts against your home.