The main question a lot of people have when
they come to us regarding Bankruptcy is generally 'Can I keep my house?' and in
some cases the truth is yes, you can manage to keep your house.
The only reason you can be driven to sell
your family home if you declare bankruptcy is actually due to the fact that you
have a lot of equity in the house that it is viewed as an asset. Please check
out these simple hypothetical case studies below to get your head around Bankruptcy
and how it impacts houses in Australia. Remember If you need to know more
regarding Bankruptcy and houses feel free to get in touch with us here at
Bankruptcy Experts Newcastle on 1300 795 575, or visit our website:
www.bankruptcyexpertsNewcastle.com.au
Case Study 1. (Mike & Sue Smith).
5 years ago Mike and Sue bought a house in
a mining town for $450,000. At this time the mining boom was keeping all the
property prices nice and high. Now they are needing to look at Bankruptcy given
that they have huge debts of $80,000 on top of their mortgage and credit card
and tax debt.
They really want to keep their house but
wonder if they can, they know that house prices if anything have gone down in
the area in the last 5 years so to be safe they think that their house is still
only worth $450,000 after all these years, to be sure they searched
www.realestate.com.au/ sold section of the website to see what other homes in
the streets close by have sold for lately.
Having said that they have not paid any
principal of the home loan over the last 5 years, mainly just interest, so they
still owe $450,000.
Current House Value = $450,000.
Current Mortgage Value = $450,000.
Net Equity Value = $0.
Because there is no equity in this
particular property the trustee will not ask Mike and Sue to sell their house
when they go bankrupt, as long as they keep up the mortgage payments then all
will be well for these people for the 3 years they are in bankruptcy.
At the end of the bankruptcy period the
trustee will write to them and ask if they would like to take over ownership of
their house again and so long as it has not increased in price over the 3 years
they have been bankrupt they will be asked to make an offer to have their house
back. This is normally somewhere between $3,000 and $5,000 to cover the legal
costs of altering the land title deed etc.
Now let's have a look at a slightly
different example of Bankruptcy and houses.
Case Study 2. (Bill & Michelle
Johnson).
2 years ago Bill and Michelle bought a
townhouse in a lovely suburb of Newcastle for $850,000 they tipped in $50,000
as a deposit and now the townhouse two years later is worth $900,000.
Current House Value = $900,000.
Current Mortgage Value = $800,000.
Net Equity Value = $100,000.
Due to a recent business failure Bill is
about $240,000 in debt. Michelle who works in banking has a separate job and no
other debt other than the mortgage. Bill cannot pay his debts and so he is
looking at Bankruptcy. Michelle is concerned that she too may need to file for
bankruptcy or be forced into it thanks to the house loan.
With this particular case the trustee is
required to access or get their hands on Bill's half of the equity which is
$50,000 less selling costs. They can do this in a few ways; 1. Make them sell
the home. 2. Invite Michelle to buy Bills half of the equity. 3. leave them in
the home - but It's very improbable in this particular case that the trustee
would be happy to leave Bill and Michelle in the house because there is just
too much equity.
So Michelle may have the opportunity to
purchase Bill's share of the equity by coming up with $50,000 and buying out
Bills' half and from that moment its now 100 % Michelle's house.
Property and Bankruptcy in Australia is
challenging and complicated, these two case studies above are just the tip of
the iceberg as far as your options in Newcastle are concerned. If you need to
know more about Bankruptcy and houses feel free to consult with us here at
Bankruptcy Experts Newcastle on 1300 795 575, or check out our website:
www.bankruptcyexpertsNewcastle.com.au.
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