One Person

By Camper Calvin  

One Person
What happens if one person declares bankruptcy but there are two other co-owners on a mortgage?

Home is co owner by all three parties on paper. Home is mortgaged, and due to real estate market amount owed is still greater then the value of the home. One person is about to declare bankruptcy. How will this affect the other two, and the mortgage?
In New Jersey, co owners cannot afford to buy out the third person.

It might no impact them at all, but it depends on a number of factors. If there is a lot of equity in the property and the debtor files Chapter 7, then the trustee might want to sell the property. In many cases, there is no equity and they owner can still keep the property if they can keep making the payments. The lenders often do not want to foreclosure and will gladly keep accepting mortgage payments.

You should consult a local bankruptcy attorney who has experience in dealing with creditor’s rights.

Just one Person


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