If Our House Was Taken In Lieu of Foreclosure, Do We List the Mortgage as an Unsecured Debt in a Bankruptcy Filing?

When a foreclosure occurs because a loan is in default, the foreclosure lawsuit and ultimate sheriff’s sale “strips” the mortgage(s) from the property, either by paying it off in full or part from the sale proceeds (or in the case of second and third mortgages, by paying a percentage or perhaps none at all).

This is done so that any new purchaser of the property can take ownership free and clear without any encumbrances.

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In Lawsuit Against a Sole Member LLC, is the Liability of the LLC Only Equal to the Amount of the Initial Financial Contribution?

No, the Limited Liability Company is liable for all of its own debts, regardless of the amount of capital contribution paid by its Members, even a sole Member.

You may be confusing your thought process with the fact that a Member is not personally liable (in most cases) for the debts of the L.L.C.

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