Legal Question in Real Estate Law in New Jersey

i am being foreclosed on even though i signed a quitclaim deed with my ex wife... why?


Asked on 12/16/10, 5:26 pm

2 Answers from Attorneys

Miriam Jacobson Law Offices of Miriam N. Jacobson

You must have signed a note and mortgage to the lender. Your deeding your interest to your ex-wife does not relieve you from your mortgage obligations.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 12/21/10, 6:03 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with Miriam. but not enough facts are presented. I am presuming that the property was once the marital residence, you were on the Deed and that there was a Morgage and Note which you also signed. The question I have for you, if the foregoing is correct. why did you sign a quit-claim? It seems that mortgage company is foreclosing as the mortgage seems not to have been paid. Unless you were relieved of responsibility, the mortgage company still regards you as a borrower. I have not seen the foreclosure papers, so I do not know the basis under which you have been named a party. This requires the services of an attorney, after all of the facts are known. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 12/23/10, 11:47 am


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