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My ex still resides in the house. I stopped paying the mortgage in 2010, foreclosure hasnt been done yet. He filed for bankruptcy Sept 2015. If something happens there, accident, drowning in the pool, slip on ice, etc...Will he be liable since he lives there or am I the only one liable now that he... View More 
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answered on May 19, 2016
My answer is the same as the first time you asked this question.
My ex and I have a house in foreclosure. He filed for bankruptcy, if anything happens am I the sole person liable? My ex still resides in the house. I stopped paying the mortgage in 2010, foreclosure hasn't been done yet. He filed for bankruptcy Sept 2015. If something happens there, accident,... View More
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answered on May 19, 2016
You both share liability for anything that happens on the premises. His Bankruptcy merely wiped out any personal liability for the mortgage. Your interpretation of the law is wrong.He no longer has liability for the mortgage, but you do. Reporting it to the lender as abandoned does not solve your... View More
original complaint 2009, received a judgement in 2010. Since that time I have obtained proof that the plaintiff trust no longer exists. The trustee is acting and foreclosing on a securutized mortg. but the trust has been closed since 2008,PRIOR to the complaint and judgement. I obtained a... View More
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answered on May 9, 2016
Anyone in any type of litigation does not have to give the other side notice when changing an attorney. If there is an amended judgment, it is far too late to file an answer. You need to have an in person consultation with an experienced mortgage foreclosure defense and bankruptcy attorney. The... View More
Is this relevant regarding my issue? - My parents both passed away in 2015. Being their only surviving child, I inherited their home and business. There are two mortgages by the same bank - 1 residential and 1 commercial. The bank is stating they want to foreclose due to death of borrower(s). They... View More
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answered on Feb 12, 2016
The full title of the law you are referring to is "The Garn-St Germain Depository Institutions Act of 1982" This act provides for the Federal preemption of any limitations on the exercise of due-on-sale clauses imposed by state law. The fact that one is residential and the other is... View More
I have a mortgage commitment letter for the amount owed on my home. Can the bank or VA deny my offer to purchase the home ? After all I just received a 1099G stating I am responsible for the balance owed. Does that mean I give them the amount owed they give me the deed ?
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answered on Feb 9, 2016
The bank can sell the property to whom ever they chose. No, the 1099G is a tax form. The property sounds like it was already sold at sheriff sale. The only way to properly answer your question is with an in person consultation with an experienced mortgage foreclosure/bankruptcy attorney. Good luck.
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answered on Dec 11, 2015
Your question is not clear at all. If you mean can you sell your house prior to a final judgment of foreclosure, the answer is yes. 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... View More
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answered on Oct 18, 2015
There is an insufficient factual basis to answer your questions and address your concerns. You need to rewrite a clear and coherent question in order to obtain a meaningful answer. Good luck.
State is NJ. The County Sheriff typically provides two adjournments for 14 days each. Does the Sheriff have the right to adjourn the sale for longer?
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answered on Oct 15, 2015
No, the Sheriff has no authority to do so. However, someone who is an experienced Mortgage Foreclosure Defense and Bankruptcy attorney can do truly amazing, but legal things. Good luck.
The purchaser will then take on all debt,and try to work out something with the bank
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answered on Sep 19, 2015
Since you cannot convey a "free and clear" title the answer is no. Also under those circumstances, no one will buy it. The bank, if you did find someone to buy the deed, does not have to work anything out with any one. You however, would still be personally liable for the mortgage debt,... View More
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answered on Aug 26, 2015
If you are not living in the house, after the sheriff sale you have no liability to pay the condo fees. Depending on your overall financial situation, you may want to consider Chapter 7 Bankruptcy, if you have no already done so. Good luck.
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answered on Aug 15, 2015
You have provided insufficient facts and no question that can be answered.
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answered on Aug 2, 2015
It will depend on what you are able to do about the sheriff sale. You should consult an attorney. Good luck.
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answered on Jul 31, 2015
It does not stop the process, unless there was something specific in the class action suit to the contrary, but not to my knowledge. Good luck.
The property went into foreclosure on 9/28/12,with no foreclosure sale date as of yet,ex spouse listed property with a realtor.
By the lender changing the locks and winterizing the home,Does this prevent both owners from entering this home.The home is vacant and no one resides there.
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answered on Jul 26, 2015
Under NJ law, this is deemed to be an abandoned property. Unless you obtain a locksmith to put different locks on the doors, you are locked out. There is no real reason for you to be in the property at this point. Don't look for problems, or you may find a lot more problems that you want.
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answered on Jul 25, 2015
It is considered fraud.
Home keeps going back and forth between short sale and foreclosure. This has been going for two years now. He isn't sure how to get the situation resolved so we can move on. We are also not sure what liability he/we have if the house forecloses for good.
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answered on Jul 25, 2015
Your fiancee needs to obtain experienced mortgage foreclosure defense counsel, who is also experienced in Bankruptcy. Short sales frequently do not work out. Good luck.
I am of 3 owners on deed ( not mortgage) inheriting property. Personal rep was unsuccessful at stopping foreclosure.
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answered on Jul 25, 2015
You need to ask this question in Florida. The laws in NJ & Florida are extremely different. Good luck.
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answered on Jul 24, 2015
They are two completely separate legal obligations. The answer is yes!
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answered on Jul 24, 2015
What trustee are you speaking about?
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answered on Jul 24, 2015
The statue of limitations is 6 years from the date of default. You need to retain an experienced mortgage foreclosure defense attorney. Good luck.
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