with a NQ VA mortgage 10 years ago I was foreclosed on and I filed BK how can the garnish my tax refund?

Deal Score0

I assumed a non qualifying mortgage. It was a VA, I did not sign a release for the VA who originated the loan. It went into foreclosure and I filed bankruptcy. That was 10 years ago. Last year my tax returned was garnished. How can that be if I filed BK and I was not the original VA loan qualifier?

I am just now getting the $ $ $ together for my 10/01/2009 payment….

  1. Reply
    dave c
    January 30, 2011 at 1:42 pm

    definitely, lawyer needed to resolve this one!.
    Honestly the prognosis on this isnt good but I would fight it any ways. i am not clear how you can assume a VA loan but if you signed anything to assume the loan you assumed the debt and therefore would be liable. If you did not assume the loan then the government may owe you for illegally damaging your credit and taking your money. If you cosigned anything you would also be held liable. Have you been shown a judgment in this matter as proof of the debt owed? Even government must prove debts by law. The attorney will give you the advise in better detail as he will ask you more questions in which will make it possible to determine if the debt or collection of such debt is legal.
    Normally government debts cannot be discharged, Ya that your government they claim you live in a free country ya right only if you are a bankster in league with the government.
    Well I know this isn’t news you hoped for if i am you until I get this sorted out I claim 9 on my taxes and get my full pay check to stop them dead cold from taking one more dime.
    The HR at your employment can give you a withholding to fill out to change deductions. you should be able to change withholding when ever you please. I used to do that all the time in my 20’s when I actually worked a job. This way I got my money up front and didn’t have to wait to file a return to get any back. the nastiness of our tax system and government has me thinking its time for another revolution.

  2. Reply
    January 30, 2011 at 1:52 pm

    They get all of it

  3. Reply
    Mary B
    January 30, 2011 at 1:56 pm

    Because you TOOK OVER the loan.

    You may think that you didn’t sign a release, but at closing, I guarantee you did because the VA WILL NOT permit you to close on a transaction until you do.

    That made YOU, not the original loan qualifyer, responsible.

    What kind of deal did you think you were getting? A mortgage where you could just not pay it and it would end up ruining someone else’s credit instead of yours?

    Sorry dear…you should have read the documents more closely.

  4. Reply
    January 30, 2011 at 2:43 pm

    The only way you can get out of this is if your mortgage was inluded and discharged in the BK and you satisfied the terms of the BK. You can more info on assuming VA Loans at http://www.vareficenter.com

  5. Reply
    January 30, 2011 at 3:02 pm

    Typically would be initiated after 3 months of non-payment. If you pay the 10/01 payment this month you will be fine. Just make sure you pay before 12/01

  6. Reply
    Katie The Mortgage Mod Lady
    January 30, 2011 at 3:05 pm

    You’re still safe. 90 days is the MINIMUM… but I have clients who have been in default for more than a year and they still haven’t gone into foreclosure. Some companies are crazier about it than others, and it also depends (I’ve noticed) on what you owe on the house vs. what it’s actually worth right now. IE, if they think they can pretty easily get their investment back by selling it on you, they’re more likely to rush the foreclosure proceedings, whereas if you owe $ 225K on it and right now in this market, it’s only worth $ 150K, they’ll let you slide for longer. This isn’t always the case but MOST of the time I find this is how it works. This does not, of course, stop them from harrassing the hell out of you and threatening foreclosure. They just want their money, and if sending you scary legal-sounding letters is how they think they’ll get it, they’re going to do that.

  7. Reply
    January 30, 2011 at 3:09 pm

    Don’t resolve a mistake by a mistake and don’t pay a debt by another debt !
    Try to get profit from obama-loan modification plan, that’s safer!

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