Buying From Bankrupt Owners?

Martman profile photo

I'm in Texas.

Is it difficult or is it even possible to buy a house that is included in a bankruptcy?

What steps does one take to purchase a house from someone in a bankruptcy?

Comments(7)

  • alubeck23rd September, 2003

    Contact the Bankruptcy attourney for discharge procedures.

  • YourPropertyFinder24th September, 2003

    hmmm......a good question!

    My understanding is that if the property is in a confirmed plan, it cannot be disposed of by the debtor without leave from the court.

    If the owner is not in a confirmed plan yet or is simply stalling using bankruptcy as a delaying technique then I believe that as long as the lender is not disadvantaged by the transaction, you'll be good to go!

    Good luck & keep up posted!!!

  • Martman24th September, 2003

    How many years can someone keep the property in the bankruptcy?

    Is there no way for the bank to foreclose for non-payment or the county to auction for back taxes during the bankruptcy?

  • jhgraves24th September, 2003

    YourPropertyFinder's advice is not correct. Upon filing of any bankruptcy petition, Chapter 7 or 13, there is an automatic stay. From that point forward until discharge, all property of the debtor is included in the estate, for which the trustee is responsible, until relief from the stay is granted, property is abandoned, the property is excepted or exempted.
    Follow the above advice and contact your attorney.[ Edited by jhgraves on Date 09/24/2003 ]

  • Utah_Bkatty25th September, 2003

    LOL @ alubeck's post....
    Rubbish.

  • jhgraves25th September, 2003

    Martman,
    A property will not stay in bankruptcy for years, or even a year outside of a 13. The bank is not an unsecured lender who takes whatever is left over. The bank's promissory note is secured by the mortgage on the property. They are a secured priority party. They can seek relief from a stay and foreclose.

  • jorge12129th September, 2003

    Unless the property has been taken out of the bankruptcy estate you'll have to get approval from the trustee in order to affirm any previous contract entered into between yourself and the debtor.

Add Comment

Login To Comment