Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Wholesaling
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 2 years ago, 09/28/2022

User Stats

92
Posts
11
Votes
Quentin Jivery
11
Votes |
92
Posts

Wholesaling a bankruptcy??

Quentin Jivery
Posted

Any advice on how to correctly proceed with a bankruptcy wholesale? 

User Stats

1,596
Posts
807
Votes
Mohammed Rahman
Agent
  • Real Estate Broker
  • New York, NY
807
Votes |
1,596
Posts
Mohammed Rahman
Agent
  • Real Estate Broker
  • New York, NY
Replied

Hey @Quentin Jivery - can you elaborate? Do you already have the property under contract? Are you the end buyer? 

User Stats

92
Posts
11
Votes
Quentin Jivery
11
Votes |
92
Posts
Quentin Jivery
Replied
Quote from @Mohammed Rahman:

Hey @Quentin Jivery - can you elaborate? Do you already have the property under contract? Are you the end buyer? 

The guys in California, his house is in the process of being foreclosed. There’s a balance that’s owed to keep it from foreclosure. But I believe that instead of getting foreclosed i could come  in and coordinated a buyer he would probably sell to avoid foreclosure and make a few buck
PropStream logo
PropStream
|
Sponsored
Nationwide property data Use our robust, multi-sourced data to find off-market properties and close your next deal.
Account Closed
  • Investor
  • Scottsdale Austin Tuktoyaktuk
4,138
Votes |
4,205
Posts
Account Closed
  • Investor
  • Scottsdale Austin Tuktoyaktuk
Replied
Quote from @Quentin Jivery:

Any advice on how to correctly proceed with a bankruptcy wholesale? 

 Anytime a property is in bankruptcy, the judge has to approve the transaction. It takes a bankruptcy attorney to do this correctly and of course the trustee can object unless they get paid their portion. The lender also has to agree. 

It's complicated, but it can be done if you are a licensed realtor. I am unaware of an unlicensed individual (wholesaler) being approved by the court, but somewhere someone has probably succeeded. The court will be watching for "equity stripping", that is, selling for below fair market value which usually is established by a broker or appraiser.

User Stats

92
Posts
11
Votes
Quentin Jivery
11
Votes |
92
Posts
Quentin Jivery
Replied
Quote from @Account Closed:
Quote from @Quentin Jivery:

Any advice on how to correctly proceed with a bankruptcy wholesale? 

 Anytime a property is in bankruptcy, the judge has to approve the transaction. It takes a bankruptcy attorney to do this correctly and of course the trustee can object unless they get paid their portion. The lender also has to agree. 

It's complicated, but it can be done if you are a licensed realtor. I am unaware of an unlicensed individual (wholesaler) being approved by the court, but somewhere someone has probably succeeded. The court will be watching for "equity stripping", that is, selling for below fair market value which usually is established by a broker or appraiser.

So I’m essence my chances are slim to none