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I have an old judgement from 2009, that was activated last year and my wages are being garnished but i just found out that the loan the judgment was from a loan that was written as a second mortgage on a house that has been foreclosed on for years. I was told to consult an attorney by a friend because how can the garnish me on a foreclosed home
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Automobile Accidents Attorney serving Alpharetta, GA
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William L. Colvin, P.C.
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I would think that if the foreclosure was on the 1st. mtg. and the suit was on the 2nd. then the liability to reapy the 2nd. underlying indebtedness was not impacted by the foreclosure and the obvious question is did you defend the suit on the 2nd. why didn't you raise this issue then and if you, in fact, failed to raise it, it would be waived. Your friend's advice might apply if the suit was on the 1st. mtg.
Answered on Feb 05th, 2013 at 3:45 PM