Bankrupt Seller

InActive_Account profile photo

Hi all,
I was contacted by a seller who doesnt live in his house, his wife does and they're divorcing soon.
He wants me to find him a buyer, but he tells me now he has filed bankruptcy.
Evidently the house is in his name only.
Is it possible for him at all to be able to sell his home now?
appreciate any advice smile

Comments(4)

  • PassingThru8th October, 2003

    Bankruptcy doesn't affect ownership. When he is ready to sell, he can pull it out of bankruptcy and transfer title to the property. I have done this 2X with sellers. Just make sure that his settlement date is firm so that when he requests dismissal of the bankruptcy it coincides with settlement before it can be taken over by the mortgage company.

  • lp18th October, 2003

    or the bankruptcy trustee has to abandon his interest...you dont necessarily need to dismiss the bankruptcy petition even though it is the easier route to take, to get the deal finished quicker. but in cases where there are other non-secured judgment liens, those would have to get discharged and the trustee would have to allow the property to be sold assuming a homestead exemption

  • InActive_Account8th October, 2003

    thanks for the replies
    Im still trying to figure the contracts to tie up this property. I have an interested buyer waiting in the wings already.
    Can I complete one and send it to one of you experts to look at 1st please?
    Who's it? I really need help still, this will save some time 'thumb twiddling' with a lawyer in his office whils the meter is ticking if I have it correctly done!

  • PassingThru8th October, 2003

    Get a signed contract and file it in the land records. This will cloud the title and you will have to be notified of any change in ownership. They have to deal with you in order to remove the cloud on the title. They will pay attention to you then.
    If you buy it or assign your contract that will clear up the cloud on the title.

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