Legal Question in Real Estate Law in New Jersey

Signed contract under sedation

I refinanced my home,after a lengthy sales pitch, by a certain company. The rep became very personable,and flirtatous with me.I confided that I was taking oxycontin for a back injury. House was assessed, paper work was in, all seemed OK.I called the next day, as instructed, and found this man had been fired.Another rep glady took over, but could not find any paper work. We re did it (I omited my personal problem)The doc's came FED EX, and I was told DO NOT open them until the notary arrived, she came with her own doc's. The contract is a mess. I had a nervous breakdown and entered a crisis center, because noone would address the mistakes of the 3 contracts I held. My head was, and is still swimming. They threaten to take my house, on a daily basis. they call up to 6 times daily on the 2nd day of the month 7 days a week. HELP


Asked on 1/30/04, 12:43 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Signed contract under sedation

It appears you did finalize some documents and received the financing. If that is correct and there were significant changes from what you were promised, you may have a Consumer Fraud claim. You could check with the NJ attorney General's office, could check on the Better Buiness webside to see if other complaints are registered, and the banking department. If they are harrassing you, you may also have a claim under the Fair Debt Collection Practices Act, a federal statute that prohibits this. I need more information to evaluate what claims you have. I also suggest using a local attorney familiar with these issues to assist you. Have you defaulted in payments? Maybe you also can renegotiate the deal based upon your medical condition and medications at the time, but if you received money, you will need to be able to repay the balance due; perhaps with some interest adjustments. Again, the attorney can evaluate your claims.

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Answered on 1/30/04, 3:50 pm


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