I have a scenario where the owner of a property file for bankruptcy and the mortgage has been discharged. Title to the property is still under the owner’s name but not the mortgage. I would like to buy the property via a short sale. The property is in New York State. What should I do
Thanks
Hi,
In a bankruptcy when the mortgage is discharged the property goes back to the lender, the court does not have the right or ability to give someone a property free and clear that a lender owns the trust deed rights on!
Title will still show under the owners name for 30, 60 or even maybe 90 days while the county recorders office waits for and recieves / processes the bankruptcy discharge order and updates there system.
This lender will eventually list this property for sale with a realtor in your area when they are ready and have all the legal documents / deed to be able to resell!
Do nothing and find some more properties to deal on, this property will be available retail when it comes back to market!
GR
thank you very much for your help.