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 ?
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.
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.
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.
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.