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?

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1 Lawyer Answer
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Brooklyn, NY
  • 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.

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