What to do about a garnishment of wages on a re-affirmed 2nd mortgage?

I filed for bankruptcy 3 years ago. My 1st mortgage was discharged but the second was reaffirmed. We had to leave our home and it has since gone into foreclosure. Now the 2nd mortgage company wants to garnish my wages, more than I was even paying on that mortgage. What can I do?

Asked on September 12, 2012 under Bankruptcy Law, Kansas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you see an attorney that practices in the area of consumer debt law with respect to the presumed judgment that is against you now concerning your second mortgage on your home. If the second mortgage was part of a split purchase money mortgage used for when you purchased your home then most likely under the laws of your state you would be protected under your state's antideficiency laws on the subject.

If your state has statutes like California's allowing for nonjudcial foreclosures and such happened with respect to your home as opposed to a judicial foreclosure, then possibly the judgment against you on the second can be set aside.

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