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I am being sued by midland funding for a bad debt to citi bank.

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I own rental property that...
I am being sued by midland funding for a bad debt to citi bank. I own rental property that is my living. i broke my arm i'm a musician and can't work for long without great pain so the rentals is all i have can they make me sell my rentals to pay them?
Submitted: 8 years ago.Category: Legal
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Answered in 6 minutes by:
6/29/2010
Lawyer: Dave Kennett, Lawyer (JD) replied 8 years ago
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Dear JACUSTOMER - It's not quite that simple that you would have to sell your rentals. First they have to get a judgment by winning the suit. Once they have a judgment they can file the judgment in the Parish where the properties are located which creates a lien on the real estate.

 

If there are existing mortgages on the real estate and not much equity it is unlikely that they would force a sale since the only entity that would get paid would be the first mortgage lender. What they can do is try to garnish any rental income or bank accounts you may have. I really know of no way to stop the collection process once they obtain a judgment unless you can seek protection in the bankruptcy court.

 

You would have to have your entire situation reviewed by a bankruptcy attorney to make a determination if you can qualify for a bankruptcy and get the debt discharged.

 

Dave Kennett

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