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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34314
Experience:  16 years real estate, Realtor. Landlord 26 years
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Okay, here's one for you. My girlfriend went through a

Customer Question

Okay, here's one for you. My girlfriend went through a divorce 2 years ago. She was awarded her home in the divorce. Somehow, the deed is in her name, but the mortgage was in his name. After the divorce the mortgage company would not speak with her because her name was not on the divorce. Her husband went to Hawaii and it's been non Cooperative in the last two to three years. She fell ill couple months back and has been staying with me the town thought the house was abandoned and they put it up for Sheriff sale. What her are her options. Can she sue her ex-husband for lack of cooperation? Thank you very much
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: It is in Millville New Jersey
JA: Has any paperwork been filed?
Customer: She filed two letters to the Sheriff's Office postponing the sale date which is up November 29th
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just make sure that he knows that his name was on the mortgage and her name has been on the deed
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Was she not maintaining the house or paying taxes on it?

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The town doesn't just come in and foreclose on a house that no one is living in unless there are delinquent taxes or it is overgrown and the city has to come mow and clear it and then place a lien on it.

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Did she try to refinance the mortgage into her name only?

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thanks

Barrister

Customer: replied 1 month ago.
There are delinquent taxes. At the end of August the grass to get high cause I couldn't get out there to mow it. Due to our house she has been staying with me. The house was not abandoned. Her husband has been uncooperative. The mortgage company will not speak with her until he gives his consent. All had to do was sign papers and he did not. She would have had to sell the house, but she couldn't because of this situation. Now she was going to lose it because of him.
Expert:  Barrister replied 1 month ago.

Ok, that makes more sense now.. The city came out and mowed and filed a lien on it and is now foreclosing on that lien and for the delinquent taxes.

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If the loan is in the ex's name, then the lender can't talk to girlfriend due to confidentiality reasons.

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And unfortunately, he has no legal duty to help her with anything once they are divorced unless it is in the order.

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She owns the house solely so she could go to her bank and see about taking out a new loan to pay off the existing one so it is in her name only.

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But there is nothing that would prevent her from contacting the city and paying off whatever lien they have on it to stop any foreclosure sale. It is the city that is foreclosing, not the bank with the mortgage.

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Then she could sell the property herself if she can't get a loan in her name to pay it off or can't continue to make the mortgage payments on the existing loan.

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thanks

Barrister

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