Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 7 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 8 hours by:
11/28/2017
Real Estate Lawyer: DamienJD, Lawyer replied 7 months ago
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,135
Experience: Attorney. Well versed, understanding, friendly
Verified

Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: DamienJD, Lawyer replied 7 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.

Ask Your Own Real Estate Law Question
Customer reply replied 7 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: DamienJD, Lawyer replied 7 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?

Ask Your Own Real Estate Law Question
Customer reply replied 7 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: DamienJD, Lawyer replied 7 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.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: DamienJD, Lawyer replied 7 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.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask DamienJD Your Own Question
DamienJD
DamienJD
DamienJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,135
5,135 Satisfied Customers
Experience: Attorney. Well versed, understanding, friendly

DamienJD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I buy a San Francisco building that is under rent control.
I buy a San Francisco building that is under rent control. Tenants already moved in around 2013 and 2014 and are on month to month lease. Can I simply give them 60 days notice to break the leases? The… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
From Atlantic City, NJ 6/24/2016: Noon I am contesting a
Hello from Atlantic City, NJ 6/24/2016: Noon I am contesting a property now( with in 200 feet) zoned (since 1988) single family block 249, lot 8. The new owner (2/22/16) applied for a "certificate of … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I own a business in Milpitas CA that is located in a
I own a business in Milpitas CA that is located in a shopping center. The new property management company recently sent out a bill for CAM reimbursement that they claim the previous company didn't cha… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,526 satisfied customers
When you are leasing a unit and the original owner takes the
When you are leasing a unit and the original owner takes the money and runs and the building then forecloses and later is auctioned off is the original lease still valid?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My mother is a treasurer Russian Orthodox Church in
My mother is a treasurer Russian Orthodox Church in Brooklyn NY. That church has been in existence years and has been serving many throuthands of people throughout the times and has become the largest… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
I'm in FL. My husband and I purchased a foreclosure property
I'm in FL. My husband and I purchased a foreclosure property (a townhouse) in 2012, we paid cash, there is no current mortgage. At the time, we were told there was no condo association. We were just s… read more
Ely
Ely
Counselor at Law
Juris Doctor
4,998 satisfied customers
Should I have gotten a cancellation of debt 1099-c on a commercial
Should I have gotten a cancellation of debt 1099-c on a commercial property that was foreclosed on in September of 2013? I operated a sole proprietorship through an SBA loan from 2006 until currently.… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a customer we did a job for on 6-28-13 on there rental.
I have a customer we did a job for on 6-28-13 on there rental. We found out into the job that it would entail more than anticipated. She has not been paying the way that was agreed. on the invoice at … read more
socrateaser
socrateaser
1,031 satisfied customers
I own a home in N.C. that I do not live in but I am still making
I own a home in N.C. that I do not live in but I am still making mortgage payments. I rented my home out from8/2012 until 12/2013.They did not leave my home until April, 2014 and the home is total tra… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My business leased a property in a shopping center in Dec 2012.
My business leased a property in a shopping center in Dec 2012. The ceiling leaked after a heavy rain in Jan 2013, over the course of the next 7 months everytime it rained the landlord would have to p… read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
My landlord did not a portion of the security deposit
My landlord did not refund a portion of the security deposit within 30 days per the signed lease amendment. Have they broken the terms of the lease? This is at 8 months through a 12 month lease.… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
Hi Ely,I have purchased a building of 4 apartments and
I have purchased a building of 4 apartments and 1 store in Brooklyn NYC, I have purchased the property from the foreclosing bank. Tenant in store (deli) is giving me the "runaround" and play games wit… read more
socrateaser
socrateaser
1,031 satisfied customers
A question about Washington State Commercial Lease. In December
A question about Washington State Commercial Lease. In December 2011 I signed a lease for a commercial office that was shared with another company. We were both subleasing from the original tenant who… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My nyc cooperative apartment had an on or about close date
My nyc cooperative apartment had an on or about close date of February 15th. We have sold our apartment and have to close within the next two weeks. We are under contract to buy in the same building a… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
What does this mean when pertaining to a religious (Church)
What does this mean when pertaining to a religious (Church) organization: "Upon the dissolution of this organization, assets shall be distributed for one or more exempt purposes within the meaning of … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,265 satisfied customers
Maui, Hawaii - Commercial Building- Month to Month Tenancy-
Maui, Hawaii - Commercial Building- Month to Month Tenancy- LIVING there for 9 years with knowledge of Landlord/Owner. Others have lived in the building in the past as well. Financial challenging time… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
Our church is the title holder of the church property. The
Our church is the title holder of the church property. The church fired the pastor two months ago and he refuses to leave stating that he is the title holder. We confirmed with Hennepin Cty, the the c… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
Good Evening, I have signed a 3 year contract for a commercial
Good Evening, I have signed a 3 year contract for a commercial lease that was to begin April 1, 2011. However, the owner has not completed his portion of the build out, which includes putting a bathro… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x