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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I need an answer for a question regarding real estate procedures

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I need an answer for a question regarding real estate procedures in New Jersey. It involves forclosure and liens etc.
Thank you

Thank you for your post. I am a New Jersey licensed professional. What is your question, how can I assist you?

Customer: replied 3 years ago.

OK, my daughter lives on a property where her husband 3 years ago filed chapter 7 and stopped paying the mortgage. he kept up taxes. Can I lien their property to stop people from bying it being that it is harder to sell it with liens, as I paid the mortgage for a couple of years when he was out of work? He also owes me but thatis not important now

Thank you for your follow-up.

My apologies but placing a lien is debatable here. To seek a lien there must be an agreement that the other party promises to repay you, and it must also be based on some existing service debt. Simply paying their mortgage is not necessarily enough to seek a lien if no contract for the debt existed. And placing a lien does not make it less likely for the lender to foreclose, it may lower the price but then it would mean that if the debt was not discharged under bankruptcy, it would create a larger outstanding debt that your daughter and your son in law would end up owing you. A foreclosure sale can be done via auction, and the lien would then be able to be removed or set aside, so while it may lower the price of the sale, it won't stop it from going forward.

Good luck.

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