When a DUI attorney fields calls from a prospective client you get a variety of questions that span into virtually every aspect of their llives. Questions such as:
-Am I going to lose my license?
-Am I going to jail
-Will my job be notified?
-Is this going to be a felony?
Then you get good questions that really show how far reaching a San Diego DUI can be such as:
-Could I lose my license?
– Is a DUI going to afffect me getting a home loan?
I got the last question more than once. I got the question today from a young lady who is now a client. I thought I could answer the question with some detail.
A DUI charge potentially has come unitended consequences for someone. One of these sanctions is the court fee. In most cases, the court will fine you and order you to pay. Whether a DUI charge affects your ability to get a home loan primarily depends on your compliance with the court. Although criminal convictions are not part of your credit profile, unpaid fines, court fees and other monetary penalties can be reported as unpaid judgments on your credit history, negatively affecting your credit score. However, this is true of not paying a speeding ticket as well.
A home loan application requires that you disclose information to determine whether your financial condition and credit history qualifies you for the loan. The application will most likely include a section that requires you to disclose information related to any convictions for serious felonies such as fraud, tax evasion and money laundering. However, the request to disclose the foregoing information should not be interpreted as meaning the lender will conduct a criminal background check. Lenders typically limit home loan background checks to the major credit reporting agencies – TransUnion, Experian and Equifax to determine your credit score and credit profile. For example, the FHA does not include criminal records as part of an applicant’s credit profile.
DUI cases are recorded in the courthouse where the case was filed. Anyone with knowledge of your case can access the record from the court clerk’s office. Contrary to popular belief, a publicly accessible nationwide database of criminal convictions does not exist. The only nationwide database of criminal convictions exists at the FBI’s National Crime Information Center. Access to the database is limited to the FBI and other law enforcement and government agencies. It is unlikely a DUI charge can be seen by the lender unless they were to find out the particular courthouse where the case was filed.
If you posted a bail bond after your DUI arrest, your bail bondsman most likely required a bond lien to be recorded against your property as a condition of posting the bond. When you make all necessary court appearances, the bond is exonerated by the court and the bail bondsman should record a release of the bond lien. If the release is not recorded, your lender will discover the lien during the loan application process. Although the existence of the lien should not prevent you from obtaining a home loan, you will be required to have it released before final loan approval. With a San Diego DUI the most common bail lien amout is $250, so it should not be an issue to remit payment if you were buying a home. This could become an issue if your DUI case has a higher bail amout.
A DUI charge can have many unitended consequences. Every person is in a different situation based on their employment, history, and future. The key in San Diego county DUI cases is to contact our office for a free consultation at 858-751-4384 or begin you can begin by clicking here.
