Legal Question in Credit and Debt Law in Georgia

I have bankruptcy in 2003 and now I have problem keeping up with my current mortgage payment. If my house is being foreclose what will happen to me? Will they garnish my pay check?


Asked on 4/15/11, 9:19 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

No one knows how the mortgage was handled in your BR case and you did not tell us. Therefore, you can't get a firm answer.

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Answered on 4/15/11, 9:22 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You failed to tell us if you did or did not reassume the mortgage. Whether you did or did niot file one creates two completely opposite answers. Tell us which one you did.

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Answered on 4/15/11, 9:37 am

It depends. Bankruptcy aside, if the mortgage company forecloses and gets a deficiency judgment against you, then yes, they can garnish your pay.

However, you filed bankruptcy previously. What happened there? Did you get a discharge? Or was it dimssised? What kind of bankruptcy did you file, a chapter 7 or a chapter 13? Was the house and mortgage included in the bankruptcy? Did you reaffirm the debt?

If you do not know the answers to these questions, you need to review your bankruptcy paperwork and possibly speak with your bankruptcy attorney. If this was a new mortgage that you incurred after the bankruptcy, you do not indicate how much is owed and whether a deficiency judgment is possible. You also do not explain your circumstances in much detail, although from what you have stated, I assume that you are working somewhere as a W-2 employee and that you are not self employed.

Depending on the answers, you may need to re-file bankruptcy, either to try and save your house or to avoid a deficiency judgment.

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Answered on 4/15/11, 3:22 pm


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