New Jersey  |  Real Estate Law

Legal Question

Asked on: 4/17/13, 6:59 am

My husband and I were looking into buying a home in an over 55 community but would have to include my mom on the deed since we are not 55. She will be living with us there. However, her home is in the process of being foreclosed. Could her pending foreclosure affect us with her being on our deed?

1 Answer


Answered on: 4/17/13, 1:13 pm by Miriam Jacobson

You will face a number of issues. Yes, the foreclosure will be an issue in the purchase.

Most over 55 communities have restrictions on people under 55 residing there. The restrictions are contained in the very voluminous documents filed in land records that create the community. Usually, under-55 relatives may visit and stay with the over 55 owner for short periods, but may not live there.

Before you proceed down this road, you should consult a lawyer about your plan, including the foreclosure issue. That should be addressed first. It may be possible to resolve it, since there are programs to help people keep their homes or to reach an agreement with the mortgage company that allows the owner to give up title without having the judgment entered against her.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

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