Reducing your Investment Property Mortgage in Your Bankruptcy

Bankruptcy Attorney

Many individuals before running into financial difficulty invest in properties. Then when they run into financial problems and have no other choice but to go bankrupt, they then run the risk of losing that property. In a chapter 13 bankruptcy there is something called a cram down that might help to prevent the loss of the investment property.

What a property mortgage investment cram down lets you do is reduce the amount owing on the property down to whatever the fair market value at time of your bankruptcy is. It might be that you have a hefty mortgage on the property, but if you were to sell that property you would not be able to get the amount that you owed for it.

In a chapter 13 bankruptcy you may be allowed to pay the lender the actual value of the investment property, by making these payments for it through the chapter 13 bankruptcy plan. This would mean that once you did this you would then own the investment property free and clear.

The amount of money owed over and above the property value becomes an unsecured debt in respect to your bankruptcy, and is dealt with according to the unsecured debt rules. In many cases in the chapter 13 bankruptcy individuals only end up paying a very small amount on their unsecured debts. Whatever cannot be paid is discharged. Your Dayton bankruptcy attorney will explain in detail what an investment property mortgage cram down is, if it applies to your case.

Leave a Reply

Your email address will not be published. Required fields are marked *