Real Estate Law
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Hi - my name is XXXXX XXXXX I'm a Real Estate attorney here to assist you.
Only a mortgage company can attach rents that come from property that is being mortgaged by that mortgage company.
Other creditors cannot attach the rents from that property.
Thank you. That is what I thought but I have heard otherwise from a local attorney in passing. You are sure about that right?
(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.)
I am sure a creditor who is not a mortgage company cannot directly attach rents from a property.
For your knowledge, the reason the rents cannot be directly attached or garnished is doing so would be ''interference with contract'', which is prohibited.
Your tenants have a contract (lease) with you to pay the rent. A judgment creditor cannot interfere with that contract by attaching the rent.
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