Randolph, NJ asked in Foreclosure for New Jersey

Q: Are assignments, sales and transfers of Mortgage Notes required to be publicly recorded?

My Mortgage Note has been sold 3 times since my foreclosure and a default judgment was granted to the original Mortgage Note owner. The 3rd assignment/sale has not been publicly recorded. The original bank was granted a Writ of Execution for a Sheriff Sale but they no longer own my Note. The law firm for the original bank isn't returning my calls for a request to stop the upcoming Sheriff Sale scheduled for 1/13/2022. Since the original bank no longer has legal ownership of my Note, they are not entitled to the Writ. The 3rd investor offered a loan modification but they can't show proof of the assignment/sale and they have only provided a Note endorsed in blank. I don't want to negotiate with an investor who can't show proof of legal ownership of my Note but, in the meantime, the Sheriff sale needs to be stopped.

Related Topics:
1 Lawyer Answer
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Foreclosure Defense Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: You need to retain an experienced mortgage foreclosure and bankruptcy attorney to examine the documents and your situation that is not possible here. You are not necessarily out of options.

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.