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.

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Answered on 1/04/01, 11:17 pm


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