Question
Davis goes into the National Bank and takes out a home equity loan to do some repairs on his house.He is granted the loan after
Davis goes into the National Bank and takes out a home equity loan to do some repairs on his house.He is granted the loan after all the appropriate paper work is finalized.The finalization of the paperwork means that the bank has an interest in the property and if the property is sold off after foreclosure the bank would be entitled to some of the proceeds of the sale of the property.Tragically, Davis is fired from his job and falls behind on the payments.He gets so far behind in the payments and other bills that he considers filing bankruptcy.Bankruptcy would allow him to get some protection against the banks and other creditors seizing, foreclosing and selling off his assets such as his house.National Bank somehow, finds out that Davis considering bankruptcy and they know that if he files for bankruptcy they will lose their priority claims on the house. So, an agent from the bank calls Davis and tells him that if Davis would forego filing bankruptcy, the bank would renegotiate the loan and help Davis out.Davis believes the bank agent and foregoes bankruptcy proceedings.The bank however does not renegotiate the loan and the house as well as other assets are seized with the plan to sell off in order to settle the debts.Davis would like to forestall the sale of the assets and seeks any possible solution.Is there a solution for Davis?
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