Impact of bankruptcy on foreclosure with equity

Impact of bankruptcy on foreclosure with equity

Real Estate Investor · West Orange, NJ · Member since 2016 · 17 posts · 2 votes

If an owner with equity files for bankruptcy (BK), can exempt their equity from the BK estate and gets a discharge of the mortgage debt, how (if at all) does that impact the ability to make a deal on the property before it goes to a sheriff's auction?

I understand the discharged homeowner is living in the house for free until there is a sheriff's sale and ejectment, and may not have incentive to make a deal until just days before the sale is inevitable.  How would a deal with the homeowner work in this case?  If you can negotiate a sale that covers the underlying (but now discharged) debt, could that be all there is to it?  

Is there anything about the past bankruptcy that complicates or prevents the sale from moving forward if we agree to an amount that covers the bank's foreclosure judgment. 

Thanks in advance for your replies.

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  • Investor · Madison, CT · Member since 2014 · 710 posts · 458 votes
    9y

    @Ryan W. - I just closed on a property like you are describing, except the seller didn't have much equity. My experience can give you a little insight, but it will not answer all your questions. The seller did not disclose that he was going bankrupt and that the sale would be subject to bankruptcy court approval until after we had executed all contracts. We finally closed on January 13th, and having agreed to terms on September 13th. That is a loooong time between negotiating and closing, but my understanding is that after we agreed to terms, he had to schedule the court hearing to get the approval for the sale.

    It ended up working out extremely well for us, though, for reasons that go beyond the scope of your questions. I hope my experience helps clarify at least a little for you!

  • Real Estate Investor · West Orange, NJ · Member since 2016 · 17 posts · 2 votes
    9y

    Thanks for sharing your experience @Kevin Siedlecki and congrats on closing your deal.  I think my situation is slightly different because the bankruptcy proceeding has concluded and the underlying debt was discharged, so I do not believe any bankruptcy court involvement would be required to close a deal.

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