Legal Question in Family Law in New Jersey

Can an ex-spouse in NJ obtain power of attorney in order to modify a mortgage against my will? This is not an estate matter and I am not incapacitated. Ex is attempting to modify a mortgage she was ordered to refinance into her sole name while assuming more debt in the proposed modification. I do not wish to sign a new loan instrument for a property which I have already relinquished any claim to.


Asked on 5/30/11, 8:27 am

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Not lawfully. You need to notify the mortgage company of your objection to the modification,

in wirting and by certified mail and do it NOW.

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Answered on 5/30/11, 1:16 pm
Robert Davies The Davies Law Firm, P.A.

It is pretty clear that you should talk to a divorce attorney and put a stop to this. Modifying the mortgage is no good. You would still be liable on the mortgage. She needs to refinance without you involved.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit.

I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

For more information on family law and divorce, see my website: http://www.attorneyrobertdavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.

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Answered on 5/31/11, 8:38 am


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