Legal Question in Credit and Debt Law in Kentucky
Foreclosure and assets
If a home is in foreclosure and the owners inherit or are gifted a piece of property can the mortgage company take the other property also ? If so how can we protect it?
Asked on 1/01/01, 6:24 pm
1 Answer from Attorneys
E. Brian Davis
Davis Law Office
Re: Foreclosure and assets
It is unlikely that the mortgage company will have a lien
on the newly-acquired property. So the foreclosure proceeding
should not be able to get to the new property directly.
However, if there is money owed after the property is foreclosed
upon, the mortgage company will almost certainly get a judgment
for the balance owed, and could then seek to execute on the judgment
by seizing non-exempt property owned you own -- which could include
the "new" property.
Answered on 1/04/01, 11:17 pm