E is for Equity
Equity is something we don’t see much these days in our homes. It is the value of your house, or other property, after deducting the loans and encumbrances on it.
Home Equity Example 1
For example, you think your home would sell for $450,000 based on the recent sales in the neighborhood for similar houses. You have a first mortgage of $350,000 and a second of $125,000. You got the second to perform maintenance, add a bathroom and pay off some accumulated debt. It seemed like a good idea at the time because the market just kept going up.
Now you owe $475,000 on a house that would sell for $450,000. If you subtract what you owe from what it would sell for, the sum is less than zero. That means there is no equity in the property. In this instance there is nothing to protect and should you happen to file for bankruptcy you do not need to use an exemption to protect this asset.
Home Equity Example 2
Lets look at the same house that sells for $450,000. This time there is only a first mortgage of $400,000. In this case, there is $50,000 of equity in the home. If you filed bankruptcy, would you need to exempt this asset? Maybe not, more information is needed to determine the answer this time.
Costs of sale would be at least 7%. Therefore we can subtract $31,500 from the $50,000 leaving only $18,500. Are there any property taxes due? If property taxes have been assessed, they are due even if the payment date is in the future. They would need to be paid from the sale of the home and should be deducted before there is any equity to consider.
Are there any homeowner’s association’s dues to pay? Are there any mechanics liens or contractor’s liens? It seems likely that we will end up with another zero sum.
Other Attorneys who are writing on the Bankruptcy Alphabet:
- Early Preparation by Jacksonville Bankruptcy Lawyer, Monica D. Shepard
- Eligibility by Philadelphia Bankruptcy Attorney, Kimberly Coleman
- Emergency Filing by Colorado Springs Bankruptcy Attorney Bob Doig
- Emergency Fund by San Francisco Bankruptcy Attorney, Jeena Cho
- Emotion by Los Angeles Bankruptcy Law Monitor, Christine A. Wilton
- Equitable Distribution by Miami Bankruptcy lawyer, Dorota Trzeciecka
- Equity by Metro Richmond Consumer and Bankruptcy Attorney, Mitchell Goldstein
- Euphoria by Cleveland Area Bankruptcy Lawyer Bill Balena
- Everything by Daniel J. Winter, Chicago Bankruptcy Attorney
- Eviction by Philadelphia Suburban Bankruptcy Lawyer, Chris Carr
- Examination by Los Angeles Attorney Mark Markus
- Exceptions to Discharge by Wisconsin Bankruptcy Lawyer, Bret Nason
- Executory Contract by New York Bankruptcy Lawyer, Jay S. Fleischman
- Exemption by Central Pennsylvania Attorney David Axinn
- Exemptions by Northern California Bankruptcy Lawyer, Cathy Moran
- Exemptions by Omaha and Lincoln, Nebraska Bankruptcy Attorney, Ryan D. Caldwell
- Exemptions by Hilo Bankruptcy Attorney, Stuart Ing
- Exemptions by Downriver, Michigan Bankruptcy Attorney, Christopher McAvoy
- Exemptions by Metro Richmond Consumer and Bankruptcy Attorney, Mitchell Goldstein
- Exemptions by Livonia, Michigan Bankruptcy Lawyer, Peter Behrmann
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