Fair Lawn, NJ asked in Foreclosure and Real Estate Law for New Jersey

Q: How to get someone off of a mortgage/deed that wants off and is not on the note?

My wife and I bought our house with her brother in 2009. He then got married and was buying a house so my wife and I had to refi which we did in 2013. Now we come to find out when we were foreclosed on recently he received the legal papers as well b/c he's still on the mortgage documents. Yet he is not on the note so owes no money plus he wants then tried to do a quit deed but was told he can't b/c he is on the mortgage papers with PHH. All of it was them they made us do the refi without him in order for him to get his new loan with them but they leave him on our mortgage but not the note.

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1 Lawyer Answer

A: Your situation is not something that can be answered in this forum. You need an in person consultation. You need to retain experienced mortgage foreclosure defense counsel. Only a mortgage foreclosure defense attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced mortgage foreclosure defense attorney. You need to retain the best mortgage foreclosure defense attorney you can afford. You should not be restricted by geographic factors.

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