Legal Question in Credit and Debt Law in Utah

Foreclosure-What can they do to a Cosigner?

If the bank was to foreclose on my home and my mother co-signed. What could they do to her? Could they put a lein on her home? Garnish her wages???? Or what?


Asked on 6/26/02, 9:23 am

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Foreclosure-What can they do to a Cosigner?

As cosignor on your home your mother is liable for the full amount of the debt which you have not paid. They can sue her, obtain a judgment against her and force the sale of her home, garnish her wages or attach other assets.

If this is a significant debt, you and your mother may want to consider bankruptcy. You could file a chapter 7 and your mother a chapter 13. Chapter 7 is a pure liquidation. Chapter 13 is a wage earner plan, where you mother could keep her home and assets, and not be liable for the full debt of your house.

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Answered on 6/27/02, 12:20 pm


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