House Has $30k or More in Equity
Bob and Sue have made the very difficult decision to file for bankruptcy, the biggest concern is their family house on which they have a mortgage for $670,000. Their home is valued at $700,000 so they have $30,000 equity in the property.
So, in Queensland, what will happen to their home when they declare bankruptcy? In this case study we can consider the equity as anything above $30,000 so this would be the same scenario as if their equity was $30,000, $100,000, $300,000 or $1,000,000 it doesn’t make any difference the principle is the same.
Surrendering the House to the Bank.
Bob and Sue have come to the tough decision to declare bankruptcy and they are considering what to do with the house as they have no equity in it and they simply cannot afford the mortgage any longer.
So, Bob and Sue choose to surrender their home to the bank. The very first thing we at Bankruptcy Experts Brisbane would do for them is get them to sign a legal document which is like a deed of release meaning they have voluntarily surrendered their house.
A Question of Caveats
Bob and Sue have owned a property for several years, have worked really hard and have $200,000 equity in their home. Their house is valued at $700,000 and they presently have about $500,000 on their mortgage.
Bob is a builder in Qld and has really been having a hard time due to the fact that he injured his back. He owes $150,000 in unpaid accounts to a particular hardware store who have been very patient with Bob and understand his situation.
When The House is in Your Partners Name and They Don’t Need to Go Bankrupt.
Bob is seriously considering bankruptcy and believes that he has no choice. He has grave concerns because his wife Sue owns the Brisbane home that they reside in and he is very concerned about what will happen to that property should he apply for Bankruptcy. In this case study we explore what happens to the property when the house is purely in Sue’s name and Bob’s name is neither on the title nor on the home mortgage.
Why Would You Go Bankrupt If You Had Equity In Your House?
Bob and Sue have owned their Brisbane home for years and have actually worked really hard to build up some equity in the property. Their house is presently valued at $700,000 and they owe the bank $600,000 giving them $100,000 equity. In this case study Bob and Sue have a combined debt of $180,000, far greater than the $100,000 equity they have in their house.
But I Have Mortgage Insurance?
Five years earlier when Bob and Sue were wanting to buy a home in Qld all they could manage to pull together was a deposit of 5%. When they purchased their home they went to the bank and the bank was fine with the 5% deposit but they had to also pay for mortgage insurance coverage. Bob and Sue were happy to pay the mortgage insurance due to the fact that they didn’t have the required 20% deposit to eliminate paying mortgage insurance premiums and it meant that they could purchase a house earlier.
I Have Heard My Property Can Be Tied Up for Eight Years or More When I Go Bankrupt?
Let us examine under what circumstance your home could be tied up for more than the three year minimum bankruptcy period. Let us say that when Bob and Sue declared bankruptcy they decided that they wanted to try and keep their Brisbane home after bankruptcy. At the time they went bankrupt the house was worth $700,000 and they still owed the bank the entire $700,000.
What If I Decide to Hand the House Back to the Bank When I Go Bankrupt, How Long Do I Have Before I Am Required to Leave?
Bob and Sue have struck a few financial hurdles and have made a decision to go bankrupt. They cannot afford to keep up the mortgage payments and so have decided to walk away from their family home. The question is, once bankrupt how long have Bob and Sue got before they will be required to vacate the property?
I Bought a House With Compensation Money, Is That Money Safe If I Go Bankrupt?
Bob and Sue have been residing in their family house for several years. About five years ago Bob had a serious accident at work, he received a large compensation payout from his employer which he put into the house mortgage. The question is, if Bob makes a decision to apply for bankruptcy is that compensation money safe or will he lose it?