St Louis, MO asked in Bankruptcy and Real Estate Law for Missouri

Q: I am buying house from private party due to health reasons have to file bankruptcy can home owner refuse to honor origin

al contract.

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1 Lawyer Answer
W. J. Winterstein Jr.
PREMIUM
Answered

A: You don't give enough facts to allow good advice.

If your purchase contract is in writing, and is a longer term installment contract, you should be able to affirm it as an "executory contract" once you file for bankruptcy relief, and that's even more so if you are currently in possession of the house.

if you are buying with the help of a new mortgage, even with a loan commitment, your lender will most probably balk when you go into bankruptcy. If you are hoping for a mortgage loan, try to complete your purchase prior to filing for bankruptcy.

Timothy Denison agrees with this answer

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