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Tax Lien Certificates


What Happens If The Property Owner Files For Bankruptcy


What Happens If The Property Owner Files For Bankruptcy

Keeping the suspense to a minimum the short answer is: YOU WILL GET YOUR INVESTMENT BACK, WITH THE INTEREST PAID IN FULL

The holder of the Tax Lien Certificate is a secured creditor as well as a senior creditor. The Tax Lien Certificate normally always represents only a small fraction of the value of the property.

Of course, there is a downside to the property owner filing for bankruptcy and that is the delay in you Geting your Tax Lien Certificate redeemed. This can take anything from a few months to a few years. It should be looked at as a small bump in the road and not a major disaster; after all, you are still earning those high interest rates.

There are three commonly used forms of bankruptcy:

  1. Chapter 7 can be used by both individuals or businesses. It can be filed voluntary or be compelled by creditors in either case a trustee is appointed. An individual may use it as a "fresh start;" a business would use it to dissolve in an orderly manner.
  2. Chapter 11 is normally used as a "reorganization bankruptcy;" the debtor remains in possession of their property. A committee is appointed to investigate the Debtors financial situation. During the first 120 days, the Debtor has the exclusive right to propose a repayment plan.
  3. Chapter 13 can only be used by individuals and is sometimes called the "wage earner" bankruptcy. The guideline for this bankruptcy is $100,000 or less in unsecured and $300,000 or less in secured debts.

You will need to remain alert if you should receive a notice of bankruptcy. You may well need to file a claim to secure your Tax Lien Certificate we recommend that you seek the advice of an Attorney.

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