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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118272
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have a lien ($200k mortgage) on a NJ property that I am

Customer Question

I have a lien ($200k mortgage) on a NJ property that I am learning somehow it was sold without my payoff or involvement. The property also cant be sold under consent order that states it can't be sod while the mom is alive. As far as I know (and my kids) she is still alive. What can I do to verify if the sale went through..? How could it when I notified the realtor and real estate attorney that I hold the lien? I was told don't worry since my lien is filed in the courts I would be contacted. How do I break the sale or file my wife/realtor/ re lawyer in contempt of court violating the consent order?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You would need to do several things. First you need to check the land records in the county in NJ where the property was located to see if the property sale was registered. However, just because the deed was not registered by the buyer does not mean she did not sell it. You are going to have to file a motion for contempt about her in PA where the court order was issued and then file that in the NJ court with a petition to recognize foreign judgment cancel the sale based on you attaching the court order from the PA court and also based on the consent order as well.

You have to file in BOTH states and need to move because the longer you wait the less likely you would get either the money from the sale seized or an order canceling the sale.
Customer: replied 1 year ago.

The court order is from NJ court- consent order with her and her mom (who is still alive..a condition that she needs to pass before prop can be sold).

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

Okay, I understood one order was from NJ, but I also thought you have an order from PA as well that this is also violating and that is what my answer is based on. You cannot enforce a consent order between her and her mom, you are not a party to that order. You can enforce only the order you are party to.