If my senior mother has more expenses than income, what happens if she defaults on her mortgage?

She has her social security and pension deposited directly into her checking account with the same establishment that has the mortgage on her home. Can they take this money to cover her monthly payments? If she goes into foreclosure, can she be sued and will this keep her from being able to rent an apartment?

Asked on September 15, 2011 under Bankruptcy Law, Ohio


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your mother is unable to service the debt load on her mortgage (or trust deed) securing the the loan on her property, she very well could lose the property in foreclosure.

Depending upon the value of this property and the amount of equity she has in it, she might qualify for a reverse mortgage where she can stay in the property and not have to worry about her mortgage. I suggest that she contact a mortgage broker regarding this possibility.

Depending upon the type of loan that her home secures (purchase money versus a refinance) if the home is lost in a foreclosure there may or may not be a deficiency that she could be responsible for depending upon Ohio's laws regarding deficiency judgments.

Given her current situation, she should probably consult with an experienced real estate attorney.

Good luck.

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