Wage Garnishment During the Foreclosure Process - Is it Possible?

One of the more common fears among homeowners facing foreclosure is that the bank will suddenly start garnishing their wages in order to pay back the loan. With how far behind some homeowners fall, this fear can result in the anticipation of their not having enough money to pay the bills, keep the lights on, or feed their children. Especially if the income situation has deteriorated quite a bit, there may just not be enough money to pay the mortgage at this point.

However, the good news is that banks can not garnish a homeowner's wages during the . The very simple reason for this is that the real estate is collateral for the loan -- no other assets or future income source is pledged. If a car loan goes into default, the car is repossessed first; same with a mortgage in default: the bank can only take back the collateral that is pledged on the loan and there is no recourse to any other asset or income source.

Thus, the bank will have to take the property all the way through the foreclosure and have the court order it to be sold at a . This auction is the legal mechanism by which the bank is allowed to attempt to recover the amount it is owed on the loan. If the sheriff sale pays off the mortgage in full, there is nothing further to collect.

If the property does not sell for enough to pay the loan off completely, some states allow mortgage companies to sue for a after the foreclosure. Again, not all states allow this under the foreclosure laws, but it would give banks the right to garnish wages after the foreclosure, if they decide to sue for the judgment. But again, this comes only after the sheriff sale, and there would be no wage garnishment during the itself.

Banks rarely, if ever, sue former clients for , though, because they know foreclosure victims do not have a lot of extra cash to pay down another judgment after losing their homes. It would take the bank too much time and money to sue again, when they didn't collect very much on their original .

Lenders, of course, do nothing to dissuade homeowners from having the fear of wage garnishment. In fact, being sued after foreclosure, and the threat of losing their job, income, or other assets is often used by customer service representatives of mortgage companies to compel homeowners to keep making payments, even if they can not afford to do so. But foreclosure victims do not have to fear that the bank will come after their income during the foreclosure, and will not have to worry about the possibility even after losing the home.

Get your free evaluation today and we will include access to our full ebook collection and helpful software. All 100% free.
line
Full Name
Email
Phone ( )   -
Has the home already
sold at auction?
Yes No
State
Zip Code
Additional Information  
Debt settlement and bankruptcy are great
options to stop foreclosure. We highly
recommend learning about both.
Debt Settlement Info? tool tip
Yes
Bankruptcy Information?
Yes
Unsecured Debt
line
 
Your privacy is very important. The details you submit are only used to provide the requested information.

Trackbacks

The trackback uri for this entry is
http://www.foreclosurefish.com/blog/trackback.php/1/349

Comments

Comments are temporarily off while we upgrade the website.

Name

Email

Comments