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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption