Legal Question in Consumer Law in New Jersey

Plaintiff's Comortgagees one name of deed

I loaned a freind money to stop his house from going into foreclosure. Since then I have learned that his name is on the mortgage but not the deed. The comortgagee is his mother whose name is on the deed.

The original agreement was with the person not on the deed. However, both parties gained from the loan preventing their house from going into foreclosure.

Can I name the mother as a defendent?


Asked on 9/20/04, 5:21 pm

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Plaintiff's Comortgagees one name of deed

You do not indicate that you had any agreement with your friend's mother. You do not indicate that your friend's mother was even aware of the loan you made to your friend. You do not indicate that your friend's mother at some point became aware of the loan, and agreed to be responsible to repay you.

If your intention is to make a claim against the real property, then you would have to name all co-owners of the property as defendants and/or interested parties.

It is very unlikely, by the way, that your friend's name is "on the mortgage but not the deed." If your friend's name was not on the deed, then how did he obtain a mortgage loan on the property? It is possible that your friend co-signed the mortgage loan as a guarantor to enable his mother to obtain the loan. I.e. if she is elderly and without income, but the loan is a refinance, your friend could have co-signed the loan to guarantee repayment or to ensure an income and credit qualification.

You need to retain an attorney to review all relevant documentation. At that point, you will be in a better position to decide who you should sue, and if so, on what legal causes of action.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 9/20/04, 6:23 pm


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