Legal Question in Bankruptcy in Nevada

Home Loan Defautl

Can I protect my retirement account if I default on my home loan?


Asked on 1/28/07, 12:27 pm

2 Answers from Attorneys

James Smith James E. Smith Ltd.

Re: Home Loan Defautl

Yes. Your retirement is protected up to $500,000 pursuant to NRS 21.090.

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Answered on 1/28/07, 1:51 pm

Effect of Default on Home Loan on Retirement Account

Although Nevada law protects your retirement account from being taken by creditors to pay debts (as long as the value of your retirement account is $500,000 or less), if your home loan is at the same institution as your retirement account, there is a risk that the institution could dip into your account anyway under some fine print in the contract concerning your account. While there probably is only a small chance that this could happen, I would rather see you be safe than sorry.

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Answered on 1/29/07, 11:35 am


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