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Collections Law/Forclosure of a Disabled party

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Question
I Read your recent question asked regarding the attachment of a Checking account of a Disabled person facing foreclosure and on SSI income  , If the Party facing foreclosure has a Cash reserve can the Mortgage company  Bank attack that Account if the Current Mortgage is Underwater , And the Borrower has an additional Mortgage he is responsible for ......I have a 2nd home im considering let go back for lack of a positive response to leasing it out .....Thank You

Answer
The response to your question depends on the law of your state, the nature of the mortgage, and whether the foreclosure would be sufficient to pay the mortgage debt.  I am also not sure what you mean by a "cash reserve."  But if the current mortgage is being currently paid and not in default in any way, the bank cannot do anything even if the property value is less than the mortgage amount.

You need to provide more details (where you are, amounts involved, what you mean by "cash reserve", etc.) for me to provide any sort of meaningful response.  Thanks.

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Michael T. Hertz

Expertise

I can answer most questions concerning bankruptcy, whether business or personal, including questions by debtors, creditors, persons interested in purchasing assets from bankruptcy estates, and the like. Also have expertise in tort law, French and Canadian law.

Experience

Practiced bankruptcy for 27 years in California and taught bankruptcy for three years in Maine. This included Chapters 7, 9, 11, 12 and 13 cases, representing debtors, creditors (secured and unsecured), bankruptcy trustees, creditors committees, and persons interested in purchasing assets from bankruptcies. Debtors included persons with virtually no money up to large corporations.

Organizations
Inactive member of the Bar of the State of California. Nonpracticing member of the Bar of Massachusetts. Formerly member of the Maine Bar and conseil juridique in France. Certified by National Committee on Accreditation in Canada.

Publications
Georgetown Law Review; California Bankruptcy Journal; Maine Law Review; Dalhousie Law Journal; University of Toronto Law Journal.

Education/Credentials
Harvard Law School (J.D. 1970; cum laude) and Pomona College (B.A., 1967; cum laude)

Awards and Honors
Selected as a "Superlawyer" in 2005 and 2006 for Northern California.

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