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FloridaLawyer
FloridaLawyer, Attorney
Category: Legal
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Experience:  Former State Prosecutor, criminal defense, family law, real estate, & civil litigation
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Hi My question is about student loans. My Mother has student

Customer Question

Hi My question is about student loans. My Mother has student loans that were taken out as michigan guarenteed loans and now have been sold to saly mae.she has not used her home as security on these loans and she is 76 years old and lives on abot $800 per month social security.and can not pay for these loans, she is woried that they will take her home if she defaults. Is this possable?
Submitted: 3 years ago.
Category: Legal
Expert:  FloridaLawyer replied 3 years ago.

Hello JA Customer:

 

I am an expert here at Just Answer and I would be happy to answer your question.

 

Sallie Mae is simply a large corporation that originates and services student loans. This company is totally separate from Sallie Mae Home Loans. Therefore, the student loan debt she incurred is most likely not related to her home mortgage company and the loans would not be secured by her real property.

 

Since it is unsecured, consumer debt, her default on the student loans would not result in her loss of the house. It is possible for a lender to place a lien on real property for the non-payment of debt but this occurs only after a judgment is obtained against the debtor. This can't happen until after a lawsuit is filed against her and your mother would certainly receive notice and an opportunity to be heard prior to a default or summary judgment for the non-payment of any debts. Furthermore, even if the lender obtains a money judgment and files a lien, that would not cause her to lose the property, she would only have to satisfy the liens if she voluntarily sold the home.

 

 

I hope this helps, best of luck!

 

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Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. The information, research and opinions set forth above are limited to the facts presented in the question and no guarantee is made regarding the adequacy or accuracy of the answer. The answer provided does not infer or imply the establishment or acceptance of any attorney-client relationship. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.

 

 

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