Legal Question in Real Estate Law in New Jersey

I have been with my husband for 12years.married for 8..last yr he had an affair and a baby was the result..our house we bought in 2005.he is the only name on mortgage.last yr when he walked out on his family he left me wit a mortgage i could not afford,(due to me having cancer i was unable to work for months)the house is in foreclosure.i have been the one talking to the mortgage and got this mediation meeting in july..my husband is mad because i took him to child support court.(after he told me to do it)well now he is saying he isnt going to court with me about saving the house.is there anyway i can keep house with out him..im not on deed or mortgage..they used my income as a second source of income on the house papers but didnt not use my name....i have no credit to get mortgage of my own..or money.....i finish nursing school in October 2010...im still fighting cancer,,and dont want to be homeles with a 15yr old and a 7yr old...what if anything i can do to svae my home,( the mediation papers said owner has to be in home..i believe he called the morgage company and told them he dosent live there..


Asked on 6/10/10, 11:37 pm

3 Answers from Attorneys
Michael Berman Law Offices of Michael A. Berman

There are a lot of questions I have, but initially I need to analyze if the house is "underwater"....do you know the amount complained in the foreclosure (Mortgage + late charges + attorney fees) and do you have an accurate current home value? Most houses purchased in 2005 have declined in value, and depending on the amount of your downpayment, there may be little or no equity left after taking into account the foreclosure fees.

Is there anyone in your family who could help out...maybe co-sign?

Please reply direct to [email protected].

Mike

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Answered on 6/11/10, 4:37 am
Robert Gleaner Robert A. Gleaner, P.C.

The mortgage is only part of the problem. It appears clear to me that a divorce is in the short-term future. It would therefore likely be in your interest to file for divorce and then file an immediate Motion to have a Judge make some pendente lite (preliminary) determiniations to allow you to move forward with this. Perhaps you can convince the Judge to require the transfer of the house to you so that you are the only owner. Then you can deal with the mortgage company. I recently had a very similar situation in a divorce matter.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a Family Law attorney for a full consultation before you take any further steps. You may feel free to call me at 856-546-8010 to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner

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Answered on 6/11/10, 5:42 am

I suggest you go to an attorney who handles divorces, you should have one already. If you do, speak with these people now. If you have, what did they tell you? This is a mess, with dozens of variables, and a lot of information missing, so we can only make guesses at things. This is not a question anyone on LawGuru can properly answer in this forum. You need to get ALL your information together, and s/w an attorney face to face. Good luck!

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Answered on 6/11/10, 7:25 am


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