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.
2 Answers from Attorneys
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.
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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Foreclosure in 1992 can i still be sued 20years later? Asked 5/21/13, 12:12 am in United States California Real Estate and Real Property