Legal Question in Credit and Debt Law in Georgia

Generally, your retirement funds are exempted from garnishment while still in the actual accounts. There are sometimes facts and details that are important in your specific case, so that is just the general rule.

Most IRA's are exempt if they are ERISA (Employees' Retirement Income Security Act)- qualified. Otherwise, they would be exempt if you filed bankruptcy. Also may depend on how much you have in the IRA and the timing of any contributions to it. For example, you cannot have a judgment entered, dump a large sum of cash into an IRA and then have it be exempt. You might want to talk to a bankruptcy attorney if it looks like the lawsuit is not going your way. However, bankruptcy does not help for fraud. Your post does not make sense - if property is sold, the mortgage is paid off. The mortgage company does not pay out any money. So something is not right here. Since you don;'t post a lot of details (and you shouldn't) you better see a lawyer who handles litigation and discuss this case in confidence with him or her.