Q: Grandmother had a reverse mortgage on her house. She passed away. House is on Sheriff's Sale list. What can be done?
Grandmother's property is in Camden County, NJ. Mortgage company entered a complaint in April 2022 that went unanswered because notification was NOT sent to the executor of the estate. Property is now in foreclosure scheduled for Sheriff's sale this week. The complaint, request for default, and foreclosure judgment were all made before the whereabouts of Will was found by the family and the named executor obtained it from the estate attorney. The family found out by accident of the foreclosure judgment and sheriff's sale when mail started showing up from attorneys and RE investors offering to help. The named executor rescinded the position just before the initial Sheriff's sale date. The secondary executor is assigned and has by now requested the 2 defendant adjournments of the Sheriff's Sale. Neither primary nor secondary executors were notified of the complaint at all, let alone in time to answer before foreclosure judgment was made. Can the judgment be vacated? If so, how?
A: It is very important that you immediately speak to an attorney to take the appropriate action to protect your interests. From your description from the matter, it appears that there may have been serious procedural errors committed.
A: The only way to obtain a meaningful answer and learn what can be done about this is to have either an in-person consultation or a secure video conference and document review. It will require you to pay an attorney for at least an hour of attorney time. Speculating as to what has occurred and the options you have can only be dealt with in one way. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
A: Consult with an attorney ASAP. In short, yes, it's possible you may still be able to save the house and stop the foreclosure.
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.
