Legal Question in Family Law in New Jersey

My divorce was final in April 2013, my spouse was suppose to buy me out and remove my name from the mortgage note by May 2013, he said he couldn't get a loan due to late payments and had to wait until June. Then he said sept, I filed a motion to enforce the PSA agreement and the judge gave him until October 2013. Now it's January 2014 and nothing still has happened, now I have a letter from the mortgage company that payments from October through December are delinquent. Will I benefit from another motion, what if the property is less value now then it was a year ago, does that affect my equity amount?

Asked on 1/10/14, 9:12 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

There are many issues here that cannot be answered in this format. However, if you had a specific buyout amount, the fact that there is now less equity in the property would not change the amount that he would owe you. If the amount was unstated, this may be an issue. . Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Be sure to call an attorney as quickly as possible to discuss this matter as there may be other issues here that would impact on the amount you are entitled to and/or there may be other ways for you to get the money to which you are entitled. Feel free to call me at 856-546-8010. Good luck! Rob Gleaner

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Answered on 1/22/14, 4:18 pm

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