Legal Question in Real Estate Law in Michigan

If a lender in a Michigan residential real estate foreclosure or short sale gets a deficiency judgement, can the lender go after the homeowner's individual retirement account (her only asset) to satisfy the deficiency?

Thanks


Asked on 2/26/12, 11:19 am

1 Answer from Attorneys

Richard Norton Norton Law Firm, PLLC

It depends on the type of IRA, but IRA's are usually exempt. The Michigan exemption section on IRA's is below. Thanks.

(k) An individual retirement account or individual retirement annuity as defined in section 408 or 408a of the internal revenue code of 1986 and the payments or distributions from such an account or annuity. This exemption applies to the operation of the federal bankruptcy code as permitted by section 522(b)(2) of title 11 of the United States Code, 11 U.S.C. 522. This exemption does not apply to any amounts contributed to an individual retirement account or individual retirement annuity if the contribution occurs within 120 days before the debtor files for bankruptcy. This exemption does not apply to an individual retirement account or individual retirement annuity to the extent that any of the following occur:

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Answered on 2/27/12, 7:37 am


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