Don’t Lose a Rental Property to Foreclosure
A Cramdown is a Bankruptcy Tool
Nearly five million Americans lost their homes to foreclosure since the housing bubble popped between 2007-12, according to the New York Times. about 3.5 million are in foreclosure proceedings. But the worst is yet to come.
In September 2011, a U.S. Senate Banking subcommittee heard testimony from a prominent mortgage industry analyst that 10.4 million mortgages, approximately one out of every five outstanding mortgages in the country, could default, if Congress does not take action to address the housing crisis.
Cramdown May Modify Amount of Secured Debt Owed
A secured debt is one where property is used as collateral to secure a debt. If the debt isn’t paid, the creditor gets the property.
In a Chapter 13 rental property cramdown, the secured debt, i.e., mortgage on a rental, income, or investment property is reduced to the property’s market value, which is, after all, all the secured creditor could count on recovering if it had to foreclose.
The cramdown is available for any sort of secured debt other than for the primary residence. It’s most commonly used for vehicles which depreciate to be worth less than their loans, as well as income or investment properties where there’s been a market downturn and the property is worth less than the loan(s) on it.
Winter Park bankruptcy attorney Eric Lanigan or attorney Roddy Lanigan may be able to provide you with options after hearing your property or debt story what you should consider doing to get rid of credit card, medical bill, mortgage and equity line debt.
A Chapter 13 may be the answer but to find out, be sure to consult with the Lanigans to understand what your options are. Contact the Winter Park, Florida, office to set an appointment at Lanigan and Lanigan.
