Legal Question in Real Estate Law in California

Dear Sir

I have some 3 to 4 Unit Apartments in Nevada and California.

1 of them is in Califonia and 2 of them are in Nevada. I refinced mortgages

all three of them separately from a Bank located in Hong Kong.

The value of the properties are much less than what I owe from the bank now.

I am planning that let the bank foreclose two of the properties and keep one.

My question is what the bank can do to the properties. I know the bank

can foreclose the properties. In case they ask more do I have to file bankrupcy.

I put 35 percent each downpayment 2 years ago.

Please advise


Asked on 8/19/10, 2:25 am

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Don't be so quick to give away your properties. A reorganization plan in bankruptcy can often allow you to have the court reduce the principal and interest payments on your income properties. Depending on the total amount of your assets and debts you would file under Chapter 13, or possibly Chapter 11. The state where you reside will determine which federal bankruptcy court you would be required to file in. Filing for bankruptcy protection will instantly stop all foreclosures.

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Answered on 8/24/10, 2:35 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You are probably having vacancy and market-rate problems, with cash flow well below your business plan. Review any possibilities you may have for increasing rents and available cash flow in the near future. That would be required in carrying out a Ch. 13 (or 11) and a good review of your business plan might turn up other alternatives.

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Answered on 8/24/10, 9:41 am
Terry A. Nelson Nelson & Lawless

On 'recourse' loans such as yours, the bank[s] can sue for any 'deficiency' after foreclosure sale, then seek to collect on any of your assets. Filing bankruptcy will immediately but only temporarily stop all litigation and collection activity, but that does not mean you simply walk away debt free. Current bankruptcy rules require a Plan for repayment of creditors, to the extent the court determines you have that ability. Remember, ALL your assets are turned over to the bankruptcy court when you file. Consult with bankruptcy counsel before deciding what to do.

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Answered on 8/24/10, 10:48 am
Anthony Roach Law Office of Anthony A. Roach

You posted this before. I told you to repost in Nevada to determine the Nevada's law. That answer has not changed simply because you reposted.

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Answered on 8/24/10, 6:05 pm


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