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Assuming this is a straight bankruptcy, the mortgagee would lose the money that is owed to it on the mortgage loan. A bankrupt person or corporation loses all of his/her/ its assets to the Trustee in Bankruptcy so that the Trustee can liquidate those assets and distribute the net proceeds to the creditors. The mortgage loan is an asset which is then sold to the highest bidder along with the mortgage lien. The mortgage holder will now make the mortgage payments to whoever purchased the mortgage loan from the bankrupt estate. The mortgagee is left with nothing.

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16y ago
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17y ago

You will generally be notified and have to timely submit documents - a proof of claim - to support how much you are owed. Then depending on a number of factors, what the debt is for, if it is secured, howm much assets the debtor has, etc., and how big a creditor you are...your participation in a plan to eliminate or restructure the debt with the other creditors, as part of the court process, will be available. The court will ultimately determine an acceptable plan, (albeit hopefully with the approval of creditors), and the assets of the debtor are used to pay off the debts...normally, with each creditor getting less than the were fully entitiled to.

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Q: What happens when your borrower files bankruptcy?
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