Legal Question in Real Estate Law in California

In 1992 my parents lost their home in forclosure, I was their renter. In 2009 without notice the 2nd mortgage holder filed a legal notice with my job for garnishment of wages. My social security was used but with my fathers name. I don't know how that was allowed.


Asked on 5/21/13, 2:18 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This sounds peculiar, and a lot more information would be required to give you a solid opinion on whether the 2nd mortgage holder has a viable claim, but it very well may. I believe I answered a previous question from either you or someone in a similar situation. My opinion remains that a 1992 foreclosure can, in somewhat unusual circumstances, lead to a valid suit in 2013. Your LawGuru question is somewhat vague and may provide less than all relevant information while not conveying necessary details. If you would like really useful advice on how to handle a potentially serious lawsuit, I'd advise contacting a real estate lawyer before your default is taken and you (perhaps) lose. Please contact me directly, if you wish.

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Answered on 5/21/13, 8:37 pm
Anthony Roach Law Office of Anthony A. Roach

The only way a creditor can garnish your wages is with a judgment in place against you, as a judgment debtor. That is the inquiry any attorney is going to have in order to determine whether the wage garnishment is appropriate or not.

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Answered on 5/23/13, 1:50 pm


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