Legal Question in Wills and Trusts in New Jersey

My problem is that my husband's mother died and did not have will. He was never close to the mother. Upon her death his aunts moved into the mothers home and have been there for 4 years without paying the mortgage, taxes or home owner association fees. My husband was never involved in the mothers affairs and she never gave him any directives. We both were served with papers stating that we owe the bank for the past due mortgage even though we do not live there and his name is not on the mortgage. Does the bank have a case?


Asked on 12/16/14, 6:21 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

The bank wants your husband to open an estate for his mother. He is not obligated to do so. The bank may begin its foreclosure proceedings, and if it does, it may name your husband as a legal heir, which he is, regardless of the closeness of his emotional relationship with his mother. The bank would also have to name the occupants of the property in any foreclosure action. Your husband may want to offer to give the bank a quit-claim deed of any interest he may have in the property, but the bank may not want to accept it, nor is it obligated to.

The trouble with being named in such an action and having a judgment entered, even if he is not in title and has no obligation on the mortgage note, is that it may affect his credit. Therefore, your husband may want to enter a defense in a foreclosure action. He may need the assistance of an attorney for this..

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Answered on 12/18/14, 1:58 pm


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