Can a mortgage company garnishee pension or social security after foreclosure?

Full question:

If any money is left owing on a property that is foreclosed can the mortgage company garnishee pension and social security?

Answer:

If your mortgage does not have an exculpatory clause, you still owe the debt after foreclosure. An exculpatory clause means the lender can only recover the sale proceeds and cancels any remaining debt. This clause is common in commercial loans but rare in residential mortgages.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In general, creditors can garnish up to 25% of your disposable earnings or the amount by which your weekly earnings exceed 30 times the federal minimum wage, whichever is less. However, specific rules may vary by state, so it's important to check local laws for any additional protections or limits.