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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35297
Experience:  16 years real estate, Realtor. Landlord 26 years
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If the house has already been sold, then their only recourse

Customer Question

If the house has already been sold, then their only recourse is to try and sue you personally for the debt and get a judgment against you. But if you don't have a job or any assets, then you are essentially "judgment proof" meaning they can get a judgment but they wouldn't be able to collect it..So they might not want to spend several thousand on an attorney to sue you for a judgment that they can't collect on and you could always file bankruptcy to discharge ..thru your answer , They might get a judgment against me ? I make just a little money to pay for rent and basic expenses . However can they touch my retirement money? or the judge might ask me to get the retirement money to pay them? it seems that they did not know that the house was sold 2 years ago! I did not tell them but asked them to reduce the rate and extend the loan , reduce the amount of payment so I can continue to pay them. As I do not make enough money to qualify for refinance . They said no job or not enough to make payment then they will force to foreclosure the house? and there is no house to foreclosure?
if I file bankruptcy, then they can not do anything? in that case I would like to file for bankruptcy. where do I find the lawyer that can help me to do that?
thanks
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Barrister replied 7 months ago.

. However can they touch my retirement money? or the judge might ask me to get the retirement money to pay them?

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No, retirement money is protected under federal law from creditors.

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They said no job or not enough to make payment then they will force to foreclosure the house? and there is no house to foreclosure?.

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Their lien is still on the property so they could foreclose on it and force a sale of the property. But if the buyer got title insurance, it would pay it off to keep it from being foreclosed on because somebody at the buyer's bank dropped the ball and missed this outstanding lien on the house.

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if I file bankruptcy, then they can not do anything? in that case I would like to file for bankruptcy. where do I find the lawyer that can help me to do that?

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Correct. That would eliminate any personal liability for the debt.

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Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

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