08-30-2012 07:32 PM
I'm caught between a rock and a hard place!!!
I have a rental property that was IIB/discharged. I tried to sell it to a relative post BK however the appraisal came 25k short of the loan balance. (130k balance; 105k appraised).
Deal went dead.
Now I want to do a SS and I recently consulted a CDPE in the area. He stated that in order to do the SS, I would have to have the mortgage lien "removed" from the BK estate. Hence once removed I, the seller would open the doors for the $ deficiency if the property were sold SS.
Is this true? I have reached out to my BK attorney for clarification and he has not yet responded. I really need to sell. Renter/relative has been paying mortgage since inception.. and are continuing to pay today.
Another obstacle - Arms Length Transaction rule. Renter who wants to buys is a relative.
Anyone experienced something like this or know of someone? Appreciate all suggestions and advices!
08-31-2012 08:32 AM
No, the SS after BK does not open the door for a deficiency.
Talk to your BK attorney. Find another CDPE.
The Arms Length Transaction rule is enforced. You can't sell to a relative unless the bank is paid in full and its not a short sale.
08-31-2012 04:10 PM
Understood points 1 & 2.
Think you've already answered my question on a different post.. Regarding - Arms Length Rule; are there absolutely no exceptions to selling to a relative? I've made an earnest effort in trying to sell via regular P&S but the appraisal did not come in and deal went dead. appraisal 105k; loan balance 130k.
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