Legal Question in Real Estate Law in New Jersey

my husband died Oct 3 2010. what is my responsibility for the mortgage on our house? my name is not on the mortgage it is only on the deed and property taxes. we re-financed one time years ago and our mortgage has changed hands until it has ended up with bank of america. i am not going to have enough to pay the mortgage and take care of the utilities and our two children. im stuck paying for all of his credit cards that were only in his name and i don't know what to do if im responsible for the mortgage too.

there was no will and no insurance money.


Asked on 11/17/10, 2:54 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

You should consult with a lawyer to help you administer his estate. Wait to pay off the credit cards. It may be possible to negotiate some kind of reduction to settle those debts, especially if the estate is insolvent [doesn't have enough to pay all debts]. There are priorities among creditors, and credit card debt is not at the top of the list. Other debts must be paid before reaching credit card debt.

You would be responsible for the mortgage in order to keep your home. You will also have to negotiate with the mortgage company about possibly modifying the mortgage to reduce the monthly payments.

If you get any kind of foreclosure notice, you should immediately get a lawyer to help you.

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.

Read more
Answered on 11/22/10, 8:19 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey