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Updated about 7 years ago on . Most recent reply

User Stats

35
Posts
11
Votes
John E Ceisel
  • Property Manager
  • San Diego, CA
11
Votes |
35
Posts

Bankruptcy Delay Opportunity

John E Ceisel
  • Property Manager
  • San Diego, CA
Posted

Hello BP!

I am following a foreclosure where the auction was delayed due to bankruptcy filings.  Because I do not have the cash available to buy at auction, I'm hoping this is an opportunity to contact the current owner and pursue a purchase outside of the foreclosure process.  

The previous owner passed away, but I believe he signed over power of attorney to his wife or a family member beforehand.  

My question is whether or not somebody with power of attorney can legally sell a property once the foreclosure process has already begun during a bankruptcy stay. 

Most Popular Reply

User Stats

405
Posts
168
Votes
Jean Norton
  • Flipper/Rehabber
  • Austin, TX
168
Votes |
405
Posts
Jean Norton
  • Flipper/Rehabber
  • Austin, TX
Replied

Hi John!

Once in bankruptcy, the bankruptcy trustee owns all assets.  You can approach the Trustee and negotiate a price.  It's even possible to get the Trustee to help you negotiate a short sale with the lender.

Jean 

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