Legal Question in Bankruptcy in California

We sold a home and carried a note for the buyer. The buyer has now declared Chapter 7 bankruptcy. What can or do we need to do?


Asked on 12/01/09, 3:40 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

You really should consult with a bankruptcy attorney. There are a lot of possible directions the buyer's bankruptcy can take, and you should be advised about what you need to do to protect your interest in the house. You also need to be sure that your loan is properly secured by a Deed of Trust recorded against the house. Bankruptcy Courts are not very friendly to creditors who failed to properly securitize their loans prior to the filing of the case.

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Answered on 12/07/09, 12:19 pm


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