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Can the mortgage company garnish my wages

My home is going in to foreclosure. It is in both mine and my ex`s name. Can the mortgage company garnish my wages?

Posted from: Alberta

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One Response to “Can the mortgage company garnish my wages”

A licensed trustee said...

Yes, but only if they go to Court and get permission to do so. The mortgage company can’t simply send a demand to your employer, they need to ask a Court for a judgment against you and then to issue an order allowing your wages to be garnisheed.

Make sure you let the mortgage company know where you are living after you leave the house – the Orders to garnishee require a hearing and the mortgage company is required to send you notice of the hearings. If they don’t have your current address you won’t know about the hearing and the Court won’t hear your side of the story.