bankruptcy not showing on title search

bankruptcy not showing on title search

Real Estate Investor · Lubbock, TX · Member since 2008 · 182 posts · 10 votes

I recently bought a title policy on a house that I'm purchasing subject to the exising loan remaining in place. As I was about to close, the seller mentioned that things have been really rough since he declared bankruptcy on 10-17-09. This is not his primary home, he had been using it as a rental. It seems to me that since it's a secured debt, it will be held up in bankruptcy proceedings even though there doesn't appear to be a chapter 13 lien on it as of right now. Any thoughts?

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  • Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
    16y

    Hi, no such filings are made on a title, that's why it's not there. You got a title policy, don't worry about what the past owner did. Bill

  • Real Estate Investor · Lubbock, TX · Member since 2008 · 182 posts · 10 votes
    16y

    Thanks Bill,
    I haven't closed on it yet. I guess the question boils down to can a property that's in bankruptcy be sold?

  • Flipper/Rehabber · Bakersfield, CA · Member since 2008 · 3k+ posts · 3k+ votes
    16y

    If your title company is willing to issue a title policy and you haven't defrauded the title company then you should be good to go...

    I would memorialize your concerns with an email to the escrow offer...

    Something like; FYI the seller of property address I believe filed for bankruptcy protection last year...

    The last house I bought which was included in a BK their attorney requested it to be set outside of the BK. and I closed escrow.

    Congrats

    Michael

  • Real Estate Investor · Lubbock, TX · Member since 2008 · 182 posts · 10 votes
    16y

    Michael,
    Interesting about the seller requesting that the property be left out of the bankruptcy. This seller told me the same thing! I didn't think people in such bad shape had options!

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