Legal Question in Real Estate Law in Maryland

If the value on your home has decreased to half of what it was originally

sold for and you can't refinance or get any assistance from the mortgage

company, can your pay be garnished if you stop paying?


Asked on 10/18/10, 4:22 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

In theory, yes. If your mortgage company were to sue you for breach of contract instead of foreclosing on your home, it could obtain a judgment against you. It could then request a writ of garnishment from the Court. More likely, if you stop paying your loan, your lender is going to foreclosure the home, take it back, and ruin your credit.

Best of luck.*******The above is for informational purposes and does not create an attorney-client privilege.*******

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Answered on 10/23/10, 7:17 pm
Richard Lebovitz Richard D. Lebovitz, Esquire

First you need to decide whether you want to attempt to keep the home or not. Your best solution would be to attempt to sell your home and get permission from the lender to do a short sale. This way, the lender could waive on the outstanding debt and you have no remaining debt on the house. Please contact myself or any other Maryland attorney to discuss your options when facing foreclosure or have a home that is underwater (owe more than current fair market value of home).

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Answered on 10/25/10, 5:22 am


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