Legal Question in Real Estate Law in Arizona

foreclosure

If I let my home go into foreclosure.

Does the morgage have a right to garnish my wages?


Asked on 3/06/09, 7:17 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: foreclosure

If the house is in Florida (you didn't say, but I see that you zip code is Florida), then they might have the right to garnish your wages. If there is a deficiency left on the mortgage after the house sells, they have the right to come after you for the difference, though these days it isn't happening often. These days, banks and mortgage companies are happy just to get the house.

Even if they do come after you, if you live in Florida, your wages may not be garnishable, since Florida wages can't be garnished from someone who provides more than half the support for a dependent in the household. For instance, you cant be garnished if you are the main breadwinner of the house and you have a child that you support at home. I don't know if that includes you.

If you live in Arizona or the house is in Arizona, you'd have to ask an Arizona lawyer, because I don't know Arizona law.

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Answered on 3/06/09, 9:08 pm


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