It is harder, but sometimes possible through specialist lenders. Where you have unpaid defaults or a court judgment, some specialist non conforming lenders may still approve a loan and arrange to pay the outstanding debt from the settlement proceeds. These loans generally carry a larger deposit and a higher rate. Whether this is available, and on what terms, varies, so it is worth getting advice.
Written by Ross McFarlane, Licensed Mortgage Broker (Credit Representative 526725). About the authorUnpaid defaults or a court judgment feel like a definite no from the banks, and from mainstream lenders they often are. But specialist lending can sometimes offer a way through. Here is how it works and what the trade offs are, explained honestly.
Unpaid defaults and court judgments are more serious to lenders than paid, settled blemishes, because they suggest ongoing unresolved debt. Mainstream lenders are generally cautious, so a standard loan may not be available while these remain outstanding. This is a genuine hurdle, not a small one.
Specialist, non conforming lenders cater to borrowers with serious credit issues, and some may still approve a loan where there are unpaid defaults or judgments. They assess the full picture rather than relying on a credit score alone, and price for the added risk. Whether this is available depends on the lender and your situation.
In some cases, a specialist lender will structure the loan so that the outstanding debts are paid out from the settlement proceeds, clearing them as part of the transaction. This can resolve the unpaid items and the new loan in one step, though it depends on the lender willingness and the numbers working.
Specialist lending of this kind generally comes with a larger deposit requirement and a higher interest rate, reflecting the significant added risk. It is a more expensive path than mainstream lending, so it should be weighed carefully against alternatives such as resolving the debts first where that is feasible.
For some borrowers, a specialist loan is a bridge rather than a destination. Once the debts are cleared, a clean repayment record is established and the credit issues age, it may be possible to refinance to a mainstream lender at a better rate later. Approached this way, the higher cost is temporary.
Depending on your circumstances, resolving the outstanding debts before applying may lead to better options and a lower cost than borrowing with them unresolved. Whether that is feasible depends on your situation, and it is worth weighing alongside the specialist lending path rather than rushing.
Because these situations are serious and the options and costs vary, the useful step is tailored advice on your specific circumstances. A broker who works with credit impaired borrowers can explain what is realistic and at what cost, usually at no cost to you for the broking. This is general information, not advice, and you may also benefit from free financial counselling.
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It is harder, but sometimes possible through specialist non conforming lenders, which assess the full picture rather than a credit score alone. These loans generally carry a larger deposit and higher rate. Availability and terms vary.
In some cases a specialist lender will structure the loan so the outstanding debts are paid out from the settlement proceeds, clearing them as part of the transaction. It depends on the lender and the numbers working.
Depending on your circumstances, resolving the debts before applying may lead to better options and a lower cost. Whether that is feasible depends on your situation and is worth weighing against the specialist lending path.
Last reviewed: June 2026
General information only. This page provides general information about home loans and is not financial or credit advice, a quote, or a guarantee, and your personal circumstances have not been considered. Lending policies, interest rates, fees and eligibility vary by lender and change over time. Always confirm your own situation with a licensed mortgage broker or lender before acting. Ross McFarlane (Credit Representative 526725) is an authorised Credit Representative of Australian Associated Advisers Pty Ltd t/a Keylend, Australian Credit Licence 392169.