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A pastor and his congregation took a liking to my building…

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A pastor and his congregation...
A pastor and his congregation took a liking to my building in Camden, NJ. In 2011 i held the mortgage on my commercial. A building zone for church. The for sale price was $40,000.00. The agreement was to pay $1,000.00 every month until paid in full. A $25.00 late fees apllies by 15th of the month. In 2013 they paid three times. 2014-2017 no mortgage payment was made. I was told that since 2012 they had tenants in the property apart of their alcohol and drug rehabilitation centers. What is the legal way to foreclose on the mortgage and remove the tenants legally.
Submitted: 4 months ago.Category: Real Estate Law
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Answered in 8 hours by:
11/28/2017
Real Estate Lawyer: Damien Bosco, Attorney replied 4 months ago
Damien Bosco
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Real Estate Lawyer: Damien Bosco, Attorney replied 4 months ago

Are you saying that you hold the mortgage on the building and that you entered into an agreement with the church for it to buy the building under a payment plan? For the last three years you received no payment and now you want to foreclose and evict the tenants? I that correct? If so, is any of this in writing? Was a mortgage lien filed? Please provide additional information so I can see if I can help you.

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Customer reply replied 4 months ago
I purchased the building in 1985 from The Assembly of God Church for $40,000.00. We had church there until the late nighties. So i decided to sell it to another church for $40,000 under a agreement that they will make monthly payments of $1,000.00 until it is paid off. We never filed the mortgage lien. The agreement was in writing. I haven't spoke to the people in three years. I have been sick. I had three strokes and a aneurysm. They havent paid anything. They have a the top part of the church filled with men that used to be in prison but are now in recovery for drug and alcohol. They are state funded. I want to foreclose and evict their tenants and list the building for sale again by owner.
Real Estate Lawyer: Damien Bosco, Attorney replied 4 months ago

Thank you for the additional information. It may be difficult to foreclose on the property since you never recorded mortgage lien. That is not to say you do not have a claim for the money from them. If you have a mortgage agreement, then you could possibly file it prior to commencing a foreclosure action. Have you ever made a demand for the money?

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Customer reply replied 4 months ago
No i never did a demand for the money. At this point, i just want the property back. What can be done?
Real Estate Lawyer: Damien Bosco, Attorney replied 4 months ago

Well, you could attempt to record the mortgage with the county so it becomes part of the record. Then you would file a foreclosure complaint on the property outlining the money owed. If you cannot record the mortgage for some reason, you could still file a complaint for money damages, then attach a lien to the property to force a sale.

Do you have any further questions? I am happy to answer them.

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Real Estate Lawyer: Damien Bosco, Attorney replied 4 months ago

Hello again! Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars at no extra charge. Best regards.

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