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Updated about 5 years ago on . Most recent reply

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Peter Sylvester
  • New Orleans , Louisiana
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Buying a house subject to that’s in bankruptcy

Peter Sylvester
  • New Orleans , Louisiana
Posted

Can I buy a house subject to when the seller has filed bankruptcy?

  • Peter Sylvester
  • Most Popular Reply

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    Ron S.#3 Foreclosures Contributor
    • Paradise, CA
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    Ron S.#3 Foreclosures Contributor
    • Paradise, CA
    Replied

    Not a chance. you would be trying to purchase something under the control of the bankruptcy trustee (Assuming they are still in bankruptcy), and not under the control of the borrower. All assets/liabilities, disclosed or not, are under control of the BK court and would need a hearing and approval from the BK court, and no BK court would ever allow a subject to. Neither would the lender. If the bankruptcy has been discharged or dismissed, sure, then all you risk is the acceleration of the note by the lender for the transfer.

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