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?
1 Answer from Attorneys
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.