Legal Question in Real Estate Law in New Jersey

Bankruptcy

I am the buyer. 4 days before my sttlement date, the title search is performed and a lein against the house is found. We are now waiting (1 week and 1/2) to find out when our new settlement date is. Is it possible that we are about to lose this house? What can we do to get this house?


Asked on 3/14/04, 10:48 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Re: Bankruptcy

From your question, it isn't clear what "bankruptcy" has to do with the purchase of your house. Was the lien against you or against the seller or seller's property?

You have the right to ask and be told by the seller or its representative (real estate agent, attorney) if the seller is able to clear the lien, and how long it will take. If you want to wait, you should ask for a written extension of the settlement date, but it sounds as if you should also have your own legal representation in this case. Please consult an attorney in your county or the county where the property is located.

NJ Office: 885 Haddon Avenue, Collingswood NJ 08108; Voice: 856- 858-7775.

Read more
Answered on 3/14/04, 5:14 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Bankruptcy

I do not know why finding a lien delayed the closing, unless the amount of the lien is greater than the purchase price. Your contract should have a provision that if there are any liens against the seller, they get paid from the closing proceeds. All your attorney needs to do is get a payoff figure and schedule the closing, showing the lien payoff as an adjustment against the purchase price.

Read more
Answered on 3/15/04, 10:43 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey