Clementon, NJ asked in Uncategorized for New Jersey

Q: This is in regards to surplus funds after sheriff sale and judgement liens in the State of NJ

This is in NJ-- there were surplus funds after house sold at sheriff sale when 1st lien holder foreclosed. 2nd lien holder was named as defendant but did not include themselves in the foreclosure proceedings. Received notice from NJ stating we may have a right to the surplus and we needed to file a motion and notify all parties to the foreclosure. I Completed all paperwork including the notifications.The paperwork said all other parties had 10 days to object to our motion. 30 days later, I receive a package from the HELOC filing a motion for the surplus. I never received their "objection" to our motion. question 1) will their motion still be considered if they didn't file an objection to my motion within the 10 day period? 2) I also believe they do not have the promissory note in, just a copy of the recorded mortgage. Can they still receive the monies without producing the promissory note? 3) can they get a judgement against me without promissory note?

Related Topics:
1 Lawyer Answer
Leonard R. Boyer
Leonard R. Boyer
  • Clifton, NJ
  • Licensed in New Jersey

A: The only way to rally provide you with meaningful advice is for you to have an in person consultation and a document review of all the relevant items. Only that way can you know for certain. Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.