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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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Mother has a trailer and property but can no longer live in it. Can her military retirement and social security be garnished if she no longer pays the mortgage ?
I'm not sure I have a grasp of all the issues. What are the reasons she can't live in the trailer? If she's in a facility and it's expected to be permanent, wouldn't it be appropriate to sell the trailer? Is there some reason to keep it? Is it vacant or occupied?
If there's a mortgage, the best thing to do is notify the mortgagee of the situation, ask for forebearance as well as the work-out contact information so you can work with them for an amicable disposition.
If the mortgagee isn't notified of your mother's situation, they would likely proceed to foreclosure. I'm not aware of garnishment proceedings at that stage, and that's not to my knowledge the typical route for defaulted mortgages.
The mortgage indebtedness would be accelerated, making it literally impossible to pay off, and foreclosure would ensue. Better to try to address it in a workout arrangement if possible and/or get permission for a short sale.
That raises the question of whether you have the legal and financial authority to undertake those efforts.
Mortgagees don't garnish for mortgage indebtedness. Once the foreclosure has taken place, the trailer would be sold and the redemption period (if any) begins to run. At the expiration of that, any occupant is evicted and the mortgage institution physically assumes control. Some states have redemption rights but not all do.
It's my understanding that SS is in fact protected income. I don't know about military retirement.
If the trailer is in a mobile park, the owner thereof might attempt to garnish whatever other income your mother has for the parking fees.
I do sense though that there are some hidden issues here which haven't been brought to light. It would help everyone who answers to know all the facts.
Any bill collector can sue in court for a garnishee of income. Usually they foreclose on the property, but if the trailer is parked in the woods somewhere, they take the easiest way to collect, which is to attach her income.
For her, just like everybody else, if you don't pay your mortgage or real property tax the home is foreclosed on. Your income is not directly affected. Since she can no longer live there, does the question have something to do with paying for her other living arrangements? Please provide more info so you can get a more appropriate answer.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If there's a mortgage, the best thing to do is notify the mortgagee of the situation, ask for forebearance as well as the work-out contact information so you can work with them for an amicable disposition.
If the mortgagee isn't notified of your mother's situation, they would likely proceed to foreclosure. I'm not aware of garnishment proceedings at that stage, and that's not to my knowledge the typical route for defaulted mortgages.
The mortgage indebtedness would be accelerated, making it literally impossible to pay off, and foreclosure would ensue. Better to try to address it in a workout arrangement if possible and/or get permission for a short sale.
That raises the question of whether you have the legal and financial authority to undertake those efforts.
Mortgagees don't garnish for mortgage indebtedness. Once the foreclosure has taken place, the trailer would be sold and the redemption period (if any) begins to run. At the expiration of that, any occupant is evicted and the mortgage institution physically assumes control. Some states have redemption rights but not all do.
It's my understanding that SS is in fact protected income. I don't know about military retirement.
If the trailer is in a mobile park, the owner thereof might attempt to garnish whatever other income your mother has for the parking fees.
I do sense though that there are some hidden issues here which haven't been brought to light. It would help everyone who answers to know all the facts.