Bankruptcy May Not be Best Option for Unsecured Mortgage Lenders

Filing within the Section 362 of the bankruptcy might not always be the best strategy for a mortgage lender.

According to mortgage expert Maggie Puccini, a borrower files a bankruptcy proceeding to stop a foreclosure since the filing results in an automatic stay that prevents creditors from pursuing the borrower or his assets to collect debt.

Whether a lender files a Chapter 7, Chapter 11, or Chapter 13 bankruptcy depends on many factors, including the amount that a person is in debt and how much their income is compared to that debt.

After the real estate crisis, with the steep decline in property values and an oversupply of properties, many lenders have begun to entertain short sales — sales to which the lender consents even though its debt will not be paid in full.

However, some lenders have discovered that a short sale may also be accomplished within the context of bankruptcy and can save them more heartache and stress than they already have.

Many times in cases of mortgage lenders, bankruptcies can end in lieu of a short sale. Short sales can save the lender the time and expense of foreclosing, as well as the cost of maintaining and marketing the property once it is owned by the lender. In addition, a sale by the trustee may well bring a higher price than if the lender were to sell the property at or after a foreclosure sale.

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