QUESTION

Can a bank be forced to take ownership of a property that was released to them in a bankruptcy?

Asked on Oct 01st, 2014 on Bankruptcy - New Jersey
More details to this question:
My parents filed bankruptcy to get rid of a house they didn't want and couldn't sell. The attorney told them to file bankruptcy and that the bank would take it back. The property was vacant for 12 years. Now they are getting fines from the city to fix the property. Even though the attorney told us not to go on the property. Now we find out the bank never took it. Any advice?
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3 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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In the usual home loan situation, the borrowers own the home and the bank has both a lien on the property and the borrowers' personal contract to pay the loan. Going bankrupt erases the borrowers' personal contract to pay the loan but neither of the other things change. The bank can foreclose on the property and either take it over or sell it to a third party but the bank isn't required to. Banks are in the business of making loans and collecting payments, not taking over and selling houses, particularly long vacant houses that are probably trashed. Back when they went through bankruptcy, they should have worked out a short sale with the bank and gotten rid of the property but at this point, there is little that they can do.
Answered on Oct 02nd, 2014 at 3:20 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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I wish your parents had addressed this issue many years ago. Although they & their attorney may have assumed that the bank would foreclose on the property after the bankruptcy was filed, since the bank didn't do this, the responsibilities of property ownership have followed them & they are legally responsible for the expenses relating to their ownership of the property. A better choice would have been to rent the property to create an income or to sell it (via short sale if necessary), or to offer the bank a deed in lieu of foreclosure.
Answered on Oct 01st, 2014 at 2:10 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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There is nothing in a Chapter 7 Bankruptcy that compels the Bank to take control over the Property. That only happens in a Chapter 13 when the Property is surrendered to them in a Confirmed Plan which is then turned into an Order. Your parents are not liable on the Mtg., but the property is still titled to them. They need to get with the Bank and execute what is called a Deed in Lieu.
Answered on Oct 01st, 2014 at 10:52 AM

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