Legal Question in Real Estate Law in Washington

Our home in Washington State will be forclosed on soon. We cashed in our retirement fund and have it in savings. Can the lender legally get to our account? after or before the forclosure?


Asked on 10/25/11, 3:22 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

It depends. If you are talking about your first mortgage and there is no second or third mortgage on the home, and if the bank actually forecloses on the home, then they cannot sue you to seek a deficiency judgment against you for the unpaid balance of the mortgage.

If this is anything other than a first mortgage, such as home equity line of credit or a second mortgage in general, then they may be able to sue you for the deficiency judgment. However, bankruptcy at that point may be an option for you to consider pursuing, and in all likelihood this matter would end at that point.

Because I don't have very much information about your case, my best advice to you would be to seek counsel from a local attorney who can give you a proper consultation. Even if you have to pay for an hour of the attorneys time, the knowledge you will gain after that consultation will probably set you at ease since you will have a very good idea of what to expect going forward.

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Answered on 10/26/11, 8:19 am


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