Legal Question in Real Estate Law in New Jersey
My parents paid off their home in 1998, after my fathers death we noticed the Deed was never transferred to their name. The registry shows the lender as the owner. I tried to reach the lender but failed to locate them anywhere. We plan on selling the home in the future and don't want any complications with the Deed. What can I do to get a new Deed that reflects my parents own the home. If I do a new Deed, does the Lender have to sign it? What are my options?
2 Answers from Attorneys
You are right to raise the issue well before you intend to sell. You will not be able to transfer good title unless the situation is cleared up. Your question indicates that you are asking about New Jersey law but it is unusual that a property in New Jersey be titled in the lender's name. This is usually a practice for jurisdictions that use deeds of trust. In any event, you will need to have a lawyer who handles real property matters examine the title in order to give you accurate advice. I handle matters of this type. (You did not give enough information for me to tell if our Burlington County NJ office can help.) If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
You have a first class mess, and you need some help to get it fixed.
Get to a lawyer who handles real estate.
I do, and I can help you if you are in my area.
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