# Ask the guy thats about to get foreclosed on.

**URL:** <https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [May 10, 2010, 5:36pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934 "2010-05-10T17:36:40Z")\
**Posts on this page:** 20\
**Page:** 3

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**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\
**Post date:** [May 10, 2010, 9:29pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/41 "2010-05-10T21:29:55Z")

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Dude you must have the shittiest mortgage loan in the world, if they are foreclosing only after two missed payments. Smell’s like BS to me. Too fast too furious.

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**Author:** ![ratatoskK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ratatoskk/32/2987_2.png) [@ratatoskK](https://boards.straightdope.com/u/ratatoskK)\
**Post date:** [May 10, 2010, 9:46pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/42 "2010-05-10T21:46:09Z")

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I would also investigate this supposed collection agency. Your other thread says

> [@](#):
>
> Last summer I was sent a letter to my parents’ house from a collection agency stating that I owe $8900 bucks to them and immediate payment was required. The letter was only labeled “LANCASTER”, no social security number or any information. So I sent them a letter back saying that I didn’t owe any debt to anyone and that they needed to provide paperwork substanciating any debt. I didn’t hear anything from them back, they just sent a bill for $10,500 due immediately. So I contacted them back and they made me verify my contact information and said that they need my social security number to dispute the debt, so I reluctantly gave it to them.

So you gave your social security number to a collection agency you never heard of that was billing you for some debt you never heard of??? Sounds like a scam.

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**Author:** ![Sateryn76](https://avatars.discourse-cdn.com/v4/letter/s/a88e4f/32.png) [@Sateryn76](https://boards.straightdope.com/u/Sateryn76)\
**Post date:** [May 10, 2010, 9:51pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/43 "2010-05-10T21:51:53Z")

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Something is fishy about this…

Foreclosure doesn’t happen that fast. And, according to Texas state law…

“Wage Garnishment and Bankruptcy Exemptions – Texas  
WAGE GARNISHMENT EXEMPTION: 100% of wages are exempt”

Something is not right here

Further research - a student loan garnishment can be done, but it looks like only up to 15% of your check.

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**Author:** ![LurkerInNJ](https://avatars.discourse-cdn.com/v4/letter/l/ed655f/32.png) [@LurkerInNJ](https://boards.straightdope.com/u/LurkerInNJ)\
**Post date:** [May 11, 2010, 12:20am UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/44 "2010-05-11T00:20:44Z")

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Does your local news station have a consumer affairs type segment? It would seem that your situation would fit right in.

There has got to be some sort of ombudsman office within the treasury department that will assist you.

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**Author:** ![SeaDragonTattoo](https://avatars.discourse-cdn.com/v4/letter/s/df705f/32.png) [@SeaDragonTattoo](https://boards.straightdope.com/u/SeaDragonTattoo)\
**Post date:** [May 11, 2010, 1:01am UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/45 "2010-05-11T01:01:22Z")

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I had some tax debt several years ago that resulted in wage garnishment. The government gave me plenty of chances to pay, and a collection agency was never used. I’m not convinced that something from a collection agency actually originated with any government office. The absolute maximum garnishment is 65% of your weekly wage, unless you make over 30x the minimum wage, then they take everything over that.

The more normal garnishment is 25% of your DISPOSABLE wages. They do, in fact, take into account that people have housing and food to pay for. That’s what they did with me, and it was still really difficult to get through and I had to get a 2nd job.

[This website is useful](http://www.fairdebtforconsumers.com/Federal-Wage-Garnishment-Law.html), and might give you some resources you haven’t thought about.

Coming from someone who’s had wages garnished, it sucks and it’s embarrassing, but it’s possible to get through it. **What’s happened to you is not normal by any stretch** , and I haven’t gotten the impression you’ve really done absolutely everything possible. I don’t want to come off as unsupportive, that’s the last thing you need. I can’t help but feel a little bit like the whole story has not been posted, unless you really did get fished by that scammer! If you really did get scammed, then you need to get into identity theft territory.

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**Author:** ![MPB\_in\_Salt\_Lake](https://avatars.discourse-cdn.com/v4/letter/m/c0e974/32.png) [@MPB\_in\_Salt\_Lake](https://boards.straightdope.com/u/MPB_in_Salt_Lake)\
**Post date:** [May 11, 2010, 1:15am UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/46 "2010-05-11T01:15:25Z")

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> [@SeaDragonTattoo](#):
>
> B]and I haven’t gotten the impression you’ve really done absolutely everything possible. I don’t want to come off as unsupportive, that’s the last thing you need. I can’t help but feel a little bit like the whole story has not been posted…

I feel a bit the same way: it’s odd that there isn’t more righteous outrage on the OP’s part—I suppose that sometimes people get resigned to an unfair (illegal?) situation, but I would be fighting tooth and nail to keep what is rightfully and legally mine.

Something seems to be missing here, but in any case, I hope that you don’t just go along with this injustice, and if you go down, go down swinging—As another poster pointed out, I would call every mollyfocking lawyer in a 300 mile radius trying to get this thing right, instead of giving up after only talking to the one who wants the $5,000 up front…

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**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\
**Post date:** [May 11, 2010, 1:36pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/47 "2010-05-11T13:36:14Z")

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> [@Sateryn76](#):
>
> Something is fishy about this…
> 
> Foreclosure doesn’t happen that fast. And, according to Texas state law…
> 
> “Wage Garnishment and Bankruptcy Exemptions – Texas  
> WAGE GARNISHMENT EXEMPTION: 100% of wages are exempt”
> 
> Something is not right here
> 
> Further research - a student loan garnishment can be done, but it looks like only up to 15% of your check.

There are too many holes in the OP’s story. Sounds like someone doing a little trolling.

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**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\
**Post date:** [May 11, 2010, 2:47pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/48 "2010-05-11T14:47:08Z")

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> [@Alice\_The\_Goon](#):
>
> Can’t you apply for food stamps?

Certain forms of legal trouble disqualify you for food stamps (I guess criminals aren’t supposed to eat or something). Since I don’t know all the details in the OP’s case, and I’m not an expert on the matter anyway, I can’t say if he’d fall into that situation or not - but it’s possible that he won’t have access to that program.

Nonetheless - he should apply for food stamps if he hasn’t already .

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**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\
**Post date:** [May 11, 2010, 2:49pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/49 "2010-05-11T14:49:11Z")

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> [@Translucent\_Daydream](#):
>
> Oh food stamps? I tried that but it goes off of your prior tax return according to the office and I don’t qualify. I would if I had a kid though.

When you lose your job (sorry about that) you should get some paperwork from your former employer stating that you are no longer an employee. If you don’t, the ASK FOR such a statement. Then go back to the food stamp office with said piece of paper that \*proves \*you no longer have the income on your most recent tax return. This might result in you suddenly being eligible.

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**Author:** ![Rafe\_Hollister](https://avatars.discourse-cdn.com/v4/letter/r/fbc32d/32.png) [@Rafe\_Hollister](https://boards.straightdope.com/u/Rafe_Hollister)\
**Post date:** [May 11, 2010, 2:51pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/50 "2010-05-11T14:51:39Z")

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Prior to all this, what percentage of your household take-home pay was your mortgage payment?

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**Author:** ![elbows](https://avatars.discourse-cdn.com/v4/letter/e/b3f665/32.png) [@elbows](https://boards.straightdope.com/u/elbows)\
**Post date:** [May 11, 2010, 3:03pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/51 "2010-05-11T15:03:45Z")

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> [@](#):
>
> Treasury is refusing to acknowledge the receipt of the letters

They don’t have certified mail where you live?

:dubious:

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**Author:** ![DiosaBellissima](https://avatars.discourse-cdn.com/v4/letter/d/a8b319/32.png) [@DiosaBellissima](https://boards.straightdope.com/u/DiosaBellissima)\
**Post date:** [May 11, 2010, 3:26pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/52 "2010-05-11T15:26:18Z")

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> [@SeaDragonTattoo](#):
>
> I had some tax debt several years ago that resulted in wage garnishment. The government gave me plenty of chances to pay, and a collection agency was never used. I’m not convinced that something from a collection agency actually originated with any government office. The absolute maximum garnishment is 65% of your weekly wage, unless you make over 30x the minimum wage, then they take everything over that.
> 
> The more normal garnishment is 25% of your DISPOSABLE wages. They do, in fact, take into account that people have housing and food to pay for. That’s what they did with me, and it was still really difficult to get through and I had to get a 2nd job.

Speaking as a tax representative who deals with this stuff every day, this isn’t universally true. They generally don’t take 100% of a check, though. The IRS allows for living expenses, but they are paltry standards unless you’re willing to argue your case.

If he had a tax lien, it would show up on his credit report. I do assume the OP has pulled his credit report, right?

I dunno. I don’t want to be a jerk, but something sounds awfully fishy (not in your post- your post is perfectly cromulent. I meant the OP!).

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**Author:** ![phouka](https://avatars.discourse-cdn.com/v4/letter/p/c5a1d2/32.png) [@phouka](https://boards.straightdope.com/u/phouka)\
**Post date:** [May 11, 2010, 5:45pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/53 "2010-05-11T17:45:21Z")

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A quick Google shows the following organizations handle pro bono work in Texas:

Legal Aid of Northwest Texas.

Legal Aid of Central Texas.

Texas Rural Legal Aid.

Lone Star Legal Aid.

Advocacy Incorporated.

Legal Services of North Texas.

Texas Legal Services Center.

Women’s Advocacy Project.

I hope someone can help you.

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**Author:** ![Translucent\_Daydream](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/translucent_daydream/32/16170_2.png) [@Translucent\_Daydream](https://boards.straightdope.com/u/Translucent_Daydream)\
**Post date:** [May 11, 2010, 5:47pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/54 "2010-05-11T17:47:17Z")

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> [@Lemur866](#):
>
> You say that the lawyer you talked to demanded $5000. Aren’t you losing a lot more than $5000 by not getting a lawyer? And it’s not like there’s only one lawyer in the world–you can get out the phone book and go through every one.
> 
> Obviously having a lawyer isn’t a panacea, but you’re probably going to have to get one anyway for your inevitable bankruptcy proceeding.

With no income nor any funds in savings a lawyer isn’t possible. I have talked to about 26 so far.

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**Author:** ![Translucent\_Daydream](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/translucent_daydream/32/16170_2.png) [@Translucent\_Daydream](https://boards.straightdope.com/u/Translucent_Daydream)\
**Post date:** [May 11, 2010, 5:51pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/55 "2010-05-11T17:51:08Z")

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> [@Wilbo523](#):
>
> Dude you must have the shittiest mortgage loan in the world, if they are foreclosing only after two missed payments. Smell’s like BS to me. Too fast too furious.

I know! Its nukin’ futs. They sent an appraiser out and he was just walking around saying “Hmm”. He said he was from Wells Fargo.

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**Author:** ![Translucent\_Daydream](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/translucent_daydream/32/16170_2.png) [@Translucent\_Daydream](https://boards.straightdope.com/u/Translucent_Daydream)\
**Post date:** [May 11, 2010, 5:53pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/56 "2010-05-11T17:53:36Z")

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> [@MPB\_in\_Salt\_Lake](#):
>
> I feel a bit the same way: it’s odd that there isn’t more righteous outrage on the OP’s part—I suppose that sometimes people get resigned to an unfair (illegal?) situation, but I would be fighting tooth and nail to keep what is rightfully and legally mine.
> 
> Something seems to be missing here, but in any case, I hope that you don’t just go along with this injustice, and if you go down, go down swinging—As another poster pointed out, I would call every mollyfocking lawyer in a 300 mile radius trying to get this thing right, instead of giving up after only talking to the one who wants the $5,000 up front…

I have talked to about 26 lawyers so far. The congressman’s office is trying to find one that will take it per bono as a favor to the office but so far no luck. Most lawyers in the North Texas area won’t take the case at all, and the ones that do need 3 - 5 thousand up front to handle it.

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**Author:** ![Translucent\_Daydream](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/translucent_daydream/32/16170_2.png) [@Translucent\_Daydream](https://boards.straightdope.com/u/Translucent_Daydream)\
**Post date:** [May 11, 2010, 5:54pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/57 "2010-05-11T17:54:37Z")

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> [@Wilbo523](#):
>
> There are too many holes in the OP’s story. Sounds like someone doing a little trolling.

Up yours, then. You don’t have to post here.

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<div class="post-metadata">

**Author:** ![Translucent\_Daydream](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/translucent_daydream/32/16170_2.png) [@Translucent\_Daydream](https://boards.straightdope.com/u/Translucent_Daydream)\
**Post date:** [May 11, 2010, 5:55pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/58 "2010-05-11T17:55:38Z")

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> [@phouka](#):
>
> A quick Google shows the following organizations handle pro bono work in Texas:
> 
> Legal Aid of Northwest Texas.
> 
> Legal Aid of Central Texas.
> 
> Texas Rural Legal Aid.
> 
> Lone Star Legal Aid.
> 
> Advocacy Incorporated.
> 
> Legal Services of North Texas.
> 
> Texas Legal Services Center.
> 
> Women’s Advocacy Project.
> 
> I hope someone can help you.

Any of the legal aid offices have a cut off at income levels of 13,500 per year. When I am formerly laid off on the 1st I am going that route.

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**Author:** ![Translucent\_Daydream](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/translucent_daydream/32/16170_2.png) [@Translucent\_Daydream](https://boards.straightdope.com/u/Translucent_Daydream)\
**Post date:** [May 11, 2010, 5:58pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/59 "2010-05-11T17:58:39Z")

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> [@elbows](#):
>
> They don’t have certified mail where you live?
> 
> :dubious:

Treasury won’t give me an address to send them to, they tell me to send the letters to Linebarger the servicer of the debt. Linebarger says that I don’t owe the debt and they have notified Treasury that I don’t owe the debt, but Treasury states that the Department of Education and the Department of Transportation report that I do. I have letters from both agencies that state I don’t owe any debt to them. Treasury won’t respond to both agencies and their ombudsman’s offices that I owe nothing. Hence getting the congressman’s office involved.

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [May 11, 2010, 5:58pm UTC](https://boards.straightdope.com/t/ask-the-guy-thats-about-to-get-foreclosed-on/538934/60 "2010-05-11T17:58:46Z")

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> [@Translucent\_Daydream](#):
>
> Up yours, then. You don’t have to post here.

> [@Wilbo523](#):
>
> There are too many holes in the OP’s story. Sounds like someone doing a little trolling.

Stop it, both of you. This isn’t allowed in MPSIMS.

I admit I also have questions about your story, **Translucent Daydream**. It feels like some details are missing because this situation has gotten so extreme so quickly.

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