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my elderly aunt is going through a foreclosure. I moved her in with me and we don''t want to save the house. she can no longer live alone due to dementia and physical problems. can the mortgage company garnish her social security or her retirement income???

Submitted: 531 days and 13 hours ago.

Category: Legal

Value: $15

Status: AWAITING CUSTOMER ACTION

Optional Information:
indianapolis, Indiana

Already Tried:
nothing

Posted by Shelley 531 days and 13 hours ago.

Answer

They can not garnish social security but they can garnish from a retirement payment.

531 days and 13 hours ago.

Reply

Reply to Shelley's Post: can they take all of her retirement or what percentage of it? will she be required to go to court. due to her dementia she won't know what is going on.

Posted by Shelley 531 days and 13 hours ago.

Answer

They can only garnish 25% maximum and if she gets sued she would not required to go to court, the lender could just get a default judgment against her for not defending the suit, or you can get guardianship or legal and financial power of attorney over her and go to court on her behald. More than likely the lender will just foreclose and resale and never even sue her for any amount that they lost on her default of the loan.

531 days and 13 hours ago.

Reply

thank you for your response. this answeres my question.

Answer

You are welcome.

Accepts:
Expert:	Shelley
Pos. Feedback:	99.3 %
Answered:	6/10/2008

Lawyer (JD)

Attorney-Business degree from The University of Texas

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Have your own Legal question?

Question

my elderly aunt is going through a foreclosure. I moved her in with me and we don''t want to save the house. she can no longer live alone due to dementia and physical problems. can the mortgage company garnish her social security or her retirement income???

Optional Information

Optional Information: indianapolis, IndianaAlready Tried: nothing

Answer

They can not garnish social security but they can garnish from a retirement payment.

Reply

Reply to Shelley's Post: can they take all of her retirement or what percentage of it? will she be required to go to court. due to her dementia she won't know what is going on.

Answer

Reply

thank you for your response. this answeres my question.

Answer

You are welcome.

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Optional Information:
indianapolis, Indiana

Already Tried:
nothing