Not logged in? Join one of the bigest Law Forums on the Internet! Join Now!   Latest blog post: Research Law Professors Before Choosing Law Schools

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


Bankruptcy & Equity In Home

Discuss the legalities of Bankruptcy Law

Bankruptcy & Equity In Home

Postby Finnobarr » Tue Jul 01, 2014 10:49 am

I have been researching bankruptcy on the internet and trying to find out if we can file under the federal exemption law or not.  How do we determine the equity in our home?  Do we take the amount from our property tax statement and subtract the loan(s) and possibly also subtract selling/transfer costs.  I'm asking because we may be pretty close the amount allowed under federal exemption depending on how it is calculated.  Thank you.
Finnobarr
 
Posts: 19
Joined: Sun Jan 12, 2014 6:10 am
Top

Bankruptcy & Equity In Home

Postby Ruadhan » Tue Jul 08, 2014 2:42 am

Equity is calculated by taking the fair market value of the property, then subtracting all liens and encumbrances(e.g. mortgages, tax liens, judgments, etc.) and, depending on the Trustees in your jurisdiction, you can subtract an additional 6-8% of the market value to cover estimated costs of sale.  

To determine the fair market value, the best way is to get an appraisal done by a board certified appraiser.  Otherwise, you can have a real estate broker pull comparables and give you a range of value. The numbers on your property tax statement have no relation to the value of the property.
Ruadhan
 
Posts: 9
Joined: Fri Mar 07, 2014 10:28 pm
Top


Return to Bankruptcy Law

 


  • Related topics
    Replies
    Views
    Last post