Legal Question in Real Estate Law in New Jersey

My ex-wife and I divorced in 2010. I am the only one on the mortgage, but we are both on the deed of trust. The home is in foreclosure, and in our divorce settlement we both agreed to proceed with the foreclosure proceedings. She remained in the house in the meantime. I have decided to go through with a deed in lieu of foreclosure, but it looks as though she is not willing to leave the home. She claims she is doing her own "negotiations" with a company to save the property, but she has no financial attachment to the mortgage. What options do I have?

Asked on 7/09/13, 8:18 am

1 Answer from Attorneys

Keith Singer Keith A. Singer, Attorney At Law
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In this case I cannot answer without reviewing your property settlement agreement. However, since you are both on the deed she cannot consummate any settlement regarding the property without your consent and signature. There is much pertinent information that I do not have so you may not rely on the statements above as legal advice. You may call my office for an appointment to discuss this matter further. Keith Singer, Esq 732-749-3700

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Answered on 7/10/13, 8:34 am


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