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C.Fortunato
C.Fortunato, Lawyer
Category: Real Estate Law
Satisfied Customers: 8023
Experience:  Expert in Landlord/Tenant Law. Licensed Real Estate Broker.
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If a creditor wins a judgment against you personally, besides

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If a creditor wins a judgment against you personally, besides wage garnishment and other things, can they attach the rents on property you own in your name. Even if that property is has a mortgage on it, or can they just put a lien on it.

Customer:

Hi - my name is XXXXX XXXXX I'm a Real Estate attorney here to assist you.

Customer:

Only a mortgage company can attach rents that come from property that is being mortgaged by that mortgage company.

Customer:

Other creditors cannot attach the rents from that property.

JACUSTOMER-yzg3zo2t- :

Thank you. That is what I thought but I have heard otherwise from a local attorney in passing. You are sure about that right?

Customer:

(However, since creditors can garnish bank accounts, if you deposit the rents into your bank account, the judgment creditor can get the rents by garnishing your bank account.)

Customer:

I am sure a creditor who is not a mortgage company cannot directly attach rents from a property.

JACUSTOMER-yzg3zo2t- :

Thanks.

Customer:

You're welcome!

Customer:

For your knowledge, the reason the rents cannot be directly attached or garnished is doing so would be ''interference with contract'', which is prohibited.

Customer:

Your tenants have a contract (lease) with you to pay the rent. A judgment creditor cannot interfere with that contract by attaching the rent.

C.Fortunato and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.


Hi Chris. Thanks. I logged in with a different browser (Safari) and it worked this time. I left you $12. Thanks again. l love this service and the quick and professional responses to my questions. Have a good weekend.

You're welcome! And thank you for providing an excellent rating and for the bonus!

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