Legal Question in Construction Law in New Jersey

construction

no contract, only verbal. husband took out 2nd mortage to build a house for a person who's refused to pay him back later. const. stopped,the bank of this person came in and had another contractor finish this house. my husband hasn't got his money back. the bank plans on selling house to pay off debts person has, no including that of my husbands. can my husband get anything back from the bank if the property is sold?


Asked on 8/23/08, 10:35 pm

2 Answers from Attorneys

Re: construction

First, the question lacks way too much of the information necessary to give an answer. Your question raises may questions, such as WHY would you take out a loan to help someon else build a house? HOW could you do that without putting it in writing? HOW could you nopt first make sure they are hiring a contractor who is not an idiot to buid? HOW can a court help you unless you have a way to prove what you are saying? You can always sue the other person, but you may not be able to stop the foreclosure, HOW can you do absolutely everything wrong? Perhaps you were duped, and if you are innocent parties, just trying to help out family or a friend, I'm very sorry to hear of your problem, but one way or another, you are going to get hurt. Here, only a good attorney can help you (unless there was criminal fraud here!), but even an attorney may not be able to protect you here. RUN DO NOT WALK TO A GOOD ATTORNEY, and hope for the best!

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Answered on 8/25/08, 10:15 am
John Corbett Corbett Law Firm LLC

Re: construction

1. If the debt is a claim on the property, the foreclosure action will pay if an excess exists. Don't count on that in today's market.

2. I hope that your husband has a construction lien on the property.

3. You seem to be saying that there is a mortgage on your property for construction on another property. That would be very unusual and, in this case, very sad. Don't do that again.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 8/24/08, 11:20 am


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