Wednesday, May 8, 2013

Garnishing of Wages in a Foreclosure

Question: I am several months behind on my mortgage payments in an "under water" residence. If foreclosure begins, will my wages be garnished?

Response: The only way for garnishment to take place is if the bank wins foreclosure action and then brings another lawsuit to obtain a deficiency judgment against you. If they are successful, they have to find a way to get the money from you and then garnishing wages is an option. You can try to fight the foreclosure. You can try to get a loan modification or a short sale. Foreclosure should be your last resort. If it takes place, however, please note that some banks today waive lawsuits for a deficiency judgment. So, while it is possible down the road, it is not certain that it will happen.

In the legal blog, Attorney Svetlana Kaplun addresses typical questions our firm has received from our clients, or come across from homeowners related to foreclosure, foreclosure defense, loan modification and bankruptcy topics.

The information contained in the legal blog of Attorney Svetlana Kaplun is for informational purposes only, and should not be construed as a legal advice on any subject matter. Please read our full disclaimer or contact the Law Office of Svetlana Kaplun, P.C. by telephone at 718-444-1115 for more information.
Copyright © 2015 Law Office of Svetlana Kaplun, P.C.

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Taking out a Mortgage after Filing for Bankruptcy or Losing a Home to Foreclosure

Question: My home was included in a bankruptcy that I filed a couple of years ago. When I recently tried to purchase another home, I was told that I have to wait for approximately three years after the foreclosure process and the fact that my home was included in a bankruptcy is irrelevant. What makes the matters worse is the fact that my initial lender sold my mortgage to another bank, which didn't start working on my foreclosure yet. Can you please confirm that I indeed have to wait for three years after the completion of foreclosure to buy a new home or I can do so because my home was included in the bankruptcy?

Response: Once you file for bankruptcy, your credit is damaged and needs time to repair before a lender will extend credit to you again. It is easier to get a credit card a couple of years after the bankruptcy than getting a new mortgage. It may take longer than three years.  Bankruptcy takes 7-10 years to go away from your credit report. It is a slow process to build it up but it is possible, mainly through obtaining new credit, which you will timely repay in the future.

In the legal blog, Attorney Svetlana Kaplun addresses typical questions our firm has received from our clients, or come across from homeowners related to foreclosure, foreclosure defense, loan modification and bankruptcy topics.

The information contained in the legal blog of Attorney Svetlana Kaplun is for informational purposes only, and should not be construed as a legal advice on any subject matter. Please read our full disclaimer or contact the Law Office of Svetlana Kaplun, P.C. by telephone at 718-444-1115 for more information.
Copyright © 2015 Law Office of Svetlana Kaplun, P.C.

modification, making home affordable, hamp, mortgage modification, harp refinance, making homes affordable, modifications, home affordable modification program, home affordable refinance program, hamp program, home loan modification, loan modification guidelines, foreclosures, foreclosure listings, foreclosure homes, mers, foreclosure settlement, foreclosure homes for sale, free foreclosure listings, foreclosure home, deed in lieu of foreclosure, foreclosure process, how foreclosure works, home foreclosure, foreclosure radar, bank foreclosure, home foreclosures, foreclosure listing, hud foreclosure, foreclosure laws, short sale vs foreclosure, stop foreclosure, totally free foreclosure home listings, foreclosure help, free government home foreclosure listing, free listing foreclosure home sale, free foreclosure listings with pictures, fannie mae foreclosure, independent foreclosure review, lawyers, power of attorney, personal injury attorney, attorneys, power of attorney form, durable power of attorney, power of attorney forms, criminal attorney, attorney search, medical power of attorney, free power of attorney, bankruptcy attorney, power of attorney template, power of attorney form download, durable power of attorney form, free power of attorney forms, general power of attorney, free printable power attorney form, lasting power of attorney, tax attorney, free power attorney forms, divorce attorney, ace attorney, disability attorney, attorney jobs, enduring power of attorney, attorney at law, patent attorney, free power of attorney forms to print, real estate attorney, injury lawyer, personal injury lawyer, defense lawyer, criminal defense lawyer, the lawyer, accident lawyer, a lawyer, criminal lawyer, motorcycle accident lawyer, rocket lawyer, bankruptcy lawyer, divorce lawyer, ask a lawyer, find a lawyer, lawyer referral, car accident lawyer, family lawyer, lawyer search, lawyer find, lawyer ratings, lawyer referral service, immigration lawyer, dui lawyer