replied 3 years ago.
OK, then NM and WA are the applicable states in the long run.
First, in NM, if a property is foreclosed upon they may pursue a deficiency judgment.
A deficiency judgment may be obtained when a property in foreclosure is sold at a public sale for less than the loan amount which the underlying mortgage secures. There is a specific provision for deficiency judgments as part of non-judicial foreclosures with the exception that no deficiency judgment is permitted in the case of a sale related to low income property. This means that the borrower still owes the lender for the difference between what the property sold for at auction and the amount of the original loan.
So, if they pursue a deficiency judgment and you live in ND - here is what the law is:
First they would transfer the judgment from NM to ND.
The State of North Dakota generally adopts the Uniform Enforcement of Foreign Judgments Act. (28-20.1, et seq.) Any judgment, decree or order of a court of the United States or of any other court is entitled to full faith and credit in the State of North Dakota. (28-20.1-01.)
A judgment creditor seeking to enforce a foreign judgment may file with the appropriate court, an authenticated copy of the foreign judgment, and an affidavit showing the name and last known post office address of the judgment debtor and the judgment creditor. The clerk of the court and the creditor are required to mail a written notice of the filing of the foreign judgment to the judgment debtor at the address given. The notice must include the name and post office address of the judgment creditor and, if the judgment creditor has an attorney in this state, the attorney's name and address. Lack of mailing notice of filing by the clerk does not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed. No execution may issue upon the foreign judgment nor may any other proceeding be taken for its enforcement until the expiration of 10 days from the date the judgment is filed. (28-20.1-03.)
A judgment rendered by the court of North Dakota is enforceable for a period of ten (10) years (28-01-15.), and may be renewed for an extended period of ten (10) years within 90 days before expiration of the ten (10) year period. (28-20-21.) Upon the docketing and filing of the judgment with the clerk of the court in the county in which the judgment debtor's real property is located, it becomes a lien on such real property except the homestead. (28-20-13.) The lien may also be extended for ten (10) years upon renewal of the judgment. (28-20-23.)
Execution of the judgment may be issued against the property of the judgment debtor, or another for the delivery of the possession of real or personal property. (28-21-03.) All non-exempt goods, chattels, moneys, and other property, both real and personal, of the judgment debtor are subject to execution. (28-21-08.) Earnings of a judgment debtor may be garnished, however, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment, may not exceed the lesser of 25% of disposable earnings for that week, or the amount by which disposable earnings for that week exceed 40 times the federal minimum hourly wage prescribed by section 6(a)(1) of the Fair Labor Standards Act of 1938 as amended. (32-09.1-03.)
You do have exemptions in ND - property which a judgment creditor can't touch.
In general, a debtor may claim exemption of his homestead and certain personal property from attachment or execution or forced sale for the payment of debts.
Homestead, under the law of North Dakota, consists of the land, and the dwelling thereon together with all appurtenances and improvements, which a judgment debtor uses as his residence. Any person, married or unmarried, is entitled to a total homestead exemption up to $80,000 in value, over and above all liens and encumbrances or both. (47-18-01.)
Personal property which maybe exempt from attachment or mesne process and from levy and sale upon execution and from any other final process issued from the court may include family pictures, pew or other sitting in any house of worship, lot or lots in any burial ground, family bible and all schoolbooks used as part of a family library not exceeding $100 in value, wearing apparel and clothing, provisions for the debtor and his family necessary for one year's supply, crops and grain not to exceed 160 acres of land, insurance benefits covering any or all of the exempt property, and house trailer or mobile home occupied as a residece by the debtor. In addition, judgment debtor may select from his other personal property, any goods, chattels, merchandise, money and other personal property not exceeding in aggregate value of $5,000 if he is a head of the household (28-22-02, 28-22-03.), and $2,500 if he is a single person. (28-22-05.)
A resident of the State of North Dakota may further select, in lieu of the homestead exemption, up to $7,500, a motor vehicle up to $1,500, pensions, annuity policies or plans and life insurance policies and other retirement plans qualified under applicable Internal Revenue Code provisions, and the right to receive, or property that is traceable to, recovery from wrongful death not to exceed $7,500, recovery from personal injury not to exceed $7,500, social security benefits, and veteran's disability pension benefits. (28-22-03.1.)
Other specific alternative exemptions may include miscellaneous books and musical instruments not to exceed $1,500 in value, household and kitchen furniture not to exceed $1,000 in value, livestock and farm implements not to exceed $4,500 in value, and tools and implements of any mechanic and stock in trade not to exceed $1,000 in value, and library and instruments of any profession not to exceed $1,000 in value. (28-22-04.)
So, although your house would be exempt from them executing against it - they can pursue your pension or garnish your wages other than your social security and/or veteran's disability benefits.
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