Bankruptcy And The Family Home
House Has $30k or More in Equity
Bob and Sue have made the very difficult decision to file for bankruptcy, the biggest concern is their family home on which they have a mortgage for $670,000. Their house is valued at $700,000 so they have $30,000 equity in the property. So, what will happen to their house when they file for bankruptcy? In this case study we can consider the equity as anything above $30,000 so this would be the same scenario as if their equity was $30,000, $100,000, $300,000 or $1,000,000 it doesn’t make any difference the principle is the same.
Surrendering the House to the Bank.
So, Bob and Sue decide to surrender their house to the bank. The very first thing we at Bankruptcy Experts Toowomba would do for them is get them to sign a legal document which is like a deed of release meaning they have voluntarily surrendered their house.
A Question of Caveats
Bob and Sue have owned a property for many years, have worked really hard and have $200,000 equity in their home. Their house is valued at $700,000 and they currently have about $500,000 on their mortgage.
Bob is a builder and has really been struggling since he hurt his back. He owes $150,000 in unpaid accounts to a particular hardware store who have been very patient with Bob and are aware of his situation.
When The House is in Your Partners Name and They Don’t Need to Go Bankrupt.
Bob is seriously considering bankruptcy and feels like he has no choice. He has grave concerns because his wife Sue owns the house that they live in and he is very worried about what will happen to that property should he file for Bankruptcy. In this case study we explore what happens to the property when the house is purely in Sue’s name and Bob’s name is neither on the title nor on the mortgage.
Why Would You Go Bankrupt If You Had Equity In Your House?
Bob and Sue have owned their house for years and have worked really hard to build up some equity in the property. Their house is currently valued at $700,000 and they owe the bank $600,000 giving them $100,000 equity. In this case study Bob and Sue have a combined debt of $180,000, far greater than the $100,000 equity they have in their home.
But I Have Mortgage Insurance?
Five years ago when Bob and Sue were looking to buy a home all they could manage to pull together was a deposit of 5%. When they bought their house they went to the bank and the bank was fine with the 5% deposit but they had to also pay for mortgage insurance. Bob and Sue were happy to pay the mortgage insurance because they didn’t have the required 20% deposit to eliminate paying mortgage insurance premiums and it meant that they could purchase a home sooner.
I Have Heard My Property Can Be Tied Up for Eight Years or More When I Go Bankrupt?
Let us examine under what circumstance your house could be tied up for more than the three year minimum bankruptcy period. Let us say that when Bob and Sue went bankrupt they decided that they wanted to try and keep their home after bankruptcy. At the time they went bankrupt the house was worth $700,000 and they still owed the bank the full $700,000.
What If I Decide to Hand the House Back to the Bank When I Go Bankrupt, How Long Do I Have Before I Am Required to Leave?
Bob and Sue have struck a few financial hurdles and have decided to go bankrupt. They cannot afford to keep up the mortgage payments and so have decided to walk away from their family home. The question is, once bankrupt how long have Bob and Sue got before they will be required to vacate the property?
I Bought a House With Compensation Money, Is That Money Safe If I Go Bankrupt?
Bob and Sue have been living in their family home for many years. About five years ago Bob had a serious accident at work, he received a large compensation payout from his employer which he put into the house mortgage. The question is, if Bob decides to file for bankruptcy is that compensation money safe or will he lose it?