BK Filings are ticking up

BK Filings are ticking up

Chris SeveneyBusiness Member
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Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes

As predicted due to significant equity growth and lack of housing, we are seeing large upticks in BK filings. As a note investor, we would like to provide several things to consider:

1. Make sure to run numbers based on the potential for a BK. We are seeing borrowers with interest rates in the 3-4% and monthly payments of $400 but a UPB of $75,000. The seller is noting FC in process and get paid off in a few months.... Well if the home is worth $200k, I would put the odds at 95% the borrower files BK. All of a sudden you paid $50k for a loan that nets you $325/mo after servicing which would take you 12 years to get your money back. After your tax burden you realize you could have invested in a 10 year treasury and done better....

2. Understand the BK process, including:

a. when to file a POC

b. who should file the POC

c. The costs, if they are recoverable for a BK

d. When to object to a plan 

e. When to possible file a motion for relief

Feel free to add/share any other key points to consider.

Chapter 13 Bankruptcies Post 27% Increase YoY – DSNews

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  • Lender · Maitland, FL · Member since 2019 · 12 posts · 9 votes
    3y

    Chris,

    Thanks for the insight and, as always, the great advice on how to approach BK when performing due diligence or bidding.

    As bankruptcies increase, how do you think this will affect the supply of notes for sale?

    Thanks, 

    Andrew

  • Andrew SyriosPro Member
    Moderator
    Residential Real Estate Investor · Kansas City, MO · Member since 2014 · 10k+ posts · 5k+ votes
    3y

    Given all the layoffs going on and new construction slowing substantially, it's all but certain we're going into a recession. (Indeed, that seems to be the Fed's plan to stop inflation.) So bankruptcies going up is not surprising at all. 

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