Can a Criminal Record Stop Someone From Acquiring a Deed?

We begin with the short answer. No. There is no background check when you file a deed with the county recorder’s office. Nor does any government, be it local, state, or federal, put real estate off-limits to people simply on account of prior criminal charges or convictions.

Because questions do come up about dealing with lenders and other real estate professionals in this situation, we add a question-and-answer section below.

So, read on for a few more details.

Do Real Estate Agents Check Their Clients’ Backgrounds?

As a general matter, no, real estate firms and agents don’t run background checks for clients or potential clients.

That said, an agent’s work involves meeting strangers in unfamiliar places. Even online encounters can prove risky. As we publish this column, police are searching for a sex offender who exposed himself by Zoom to a Pennsylvania real estate agent, as reported by NBC10’s Deanna Durante, then “stalked and harassed” the agent with a cascade of sexually explicit voicemails and text messages.

For personal safety reasons, agents may use an app (a popular one is called Forewarn®) to review publicly available histories of people who call them with an interest in working together. Some agents get free subscriptions to the app from industry associations and local multiple listing services. Yes, the app will bring up criminal histories — as well as liens, civil court judgments, and prior foreclosures.

Will a Mortgage Company Run a Criminal Background Check?

It might. In any case, lenders generally don’t need a criminal background check to know an applicant has had a conviction. Gaps in employment history are indicators. But the question the lender wants to answer goes to present and future financial risk. Does the applicant meet the lender’s criteria now?

If incarceration was years ago, the company could ignore it. Recency changes the calculus. A lender will want an explanation for time out of the job market. In addition to recency, there’s the question of what the crime was. Financial crimes are red flags to lenders. A loan applicant who has committed mortgage fraud would be the most obvious example.

Generally, lenders need to understand financial risk profiles. They’re examining the applicant’s assets and debts, income, job status, rental history, and credit standing. History within the last two years is critical.  Approval for mortgage and home equity loan products may include a search for civil charges and judgments, because unpaid debts are financial risks on the title.

So, Will a Criminal Record Make a Mortgage Approval Harder?

It could.

Although a criminal record doesn’t automatically rule out a loan approval, a specific lender’s policies could allow for charging the applicant a higher rate, to offset risk.

And recent incarcerations that form employment gaps will almost certainly work against a loan applicant. When determining whether to approve and application, lenders look for steady job history, backed by pay stubs or other evidence of continuing income. If you’re a mortgage loan applicant, expect the mortgage company to call your supervisor directly to verify that you are working, and your job status is not subject to change.  

The mortgage company might green-light an application that meets the lending standards. It’s ultimately up to the lender’s discretion. What one mortgage company says won’t necessarily be the same as another company’s take.

Which Mortgages Have the Easiest Qualification Standards?

Often, loans backed by the Federal Housing Administration (FHA loans) offer the most forgiving credit and employment criteria. The FHA loan requires an applicant who expects to put 3.5% down to show a credit score of 580 or higher. With a 10% down payment, a credit score above 500 can be sufficient.

Mortgages backed by Freddie Mac or Fannie Mae are known as conventional loans. These have more stringent standards but do not automatically rule out an applicant with a prior conviction.

Many mortgage brokers have relationships with numerous lenders. Brokers are familiar with the lenders’ various standards. Brokers have a wealth of knowledge and can help customers find alternative loans that best meet their needs.

Mortgage and title professionals scour the public records and credit data to get a picture of applicants’ financial profile and histories. Learn more about rebuilding a financial profile after being unemployed.

Do Insurance Companies Check Before Issuing Homeowners’ Insurance Policies?

Yes. Insurers may exclude coverage for liability to applicants with certain types of felonies. As with most questions involving criminal histories, the specifics vary by state.

If the insurance agent discerns that your home is at risk of harm, they might turn down an application. For example, a homeowner with a conviction for arson or misuse of explosives could be denied coverage.

Moreover, people who have been incarcerated often have credit damage, due to a certain time when they were not using credit. Homeowners’ insurance companies may turn down applications or impose higher premiums on applicants on the basis of low credit scores. They may also decide not to renew a policy for reasons linked to a customer’s credit profile.  

Checks are changing in the online era. FNF®, the leading U.S. title and settlement firm, is introducing a new industry standard for deed transfers and mortgage closings: biometric identity checks.

Will a Homeowners’ Association or Condo Association Run a Criminal Background Check?

Yes. This means there can be an issue with attempting to acquire a condo deed, or even the deed to a standalone house where an association is involved. But there are state laws and limits, such as this New York’s recently enacted condo and co-op background check law.

If you believe this could be an issue, it’s best to consult with a lawyer in the home’s state, and obtain case-specific guidance.

Note: State laws and location-specific restrictions, including sex offender registry rules, may restrict the applicant from buying a home in certain areas, such as areas surrounding schools.

In a Nutshell…

Regardless of criminal history, everyone may hold a deed. This right is not disturbed by a criminal conviction.

Obtaining a mortgage or home equity loan product is not a right. Yet a criminal record doesn’t automatically rule out a mortgage applicant. The nature, severity, and recency of the record all play into the decision.

The lender determines eligibility on a case-by-case basis. A lender wants to be sure of the borrower’s capacity to maintain the home and pay off the mortgage regularly. Each lender follows a certain set of guidelines. Hopeful borrowers can and should shop around.