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 The named executor rescinded the position just before the initial Sheriff's sale date.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.
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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.
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