Home Loans and Support

Can They Take My Home If I’m Being Sued?

It is possible for them to take your home if you are being sued for non-payment of a certain loan. And if the debt is a home mortgage, they will definitely take your home after the foreclosure proceedings have been finalized and the court has given the lender the right to sell the property at an auction. But if the lawsuit is another kind of debt, there is less likelihood that they will take your home although this is still possible.

In general, the court will not take control of your property except for those issues where you have failed to pay for child support or your taxes. If the creditor wins a judgment against you, he will then have the right to enforce the decision in the ways that are permitted by the laws of your state. The usual method is wage garnishment where a certain amount is regularly deducted from your wages until such time that the amount due is fully paid. 

The creditor can also ask for a bank levy where your account is frozen and part of the money that is contained in the account is used to pay the debt. Some of the money in the account may be exempted from the levy. It should be noted, however, that the bank levy is not just a one-time event and may be used by the creditor several times until the debt is fully paid off.

However, if the above items are not sufficient for paying the debt, the creditor can also put a lien against your home.


About Moe Bedard

My name is Maurice Bedard, but most people call me Moe. I am the founder of America's #1 Mortgage Forum, LoanSafe.org, and also a website design firm called We Create Web Designs. My online work has been featured in the New York Times, LA Times, Fox Business, and many other media publications. I currently live in Carlsbad, California with my beautiful wife and children.

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