Legal Question in Family Law in New Jersey

Escrow Credit for Divorced Couple

My boyfriend recently refinanced his mortgage and was finally able to remove his ex-wife's name from the document. He received yesterday a check for escrow payments and the check was issued to both him and his ex-wife. The credit is for payments made after the divorce was final. Proof can be provided that the mortgage & escrow payments were made entirely by him. Is there any way to have the check reissued in only his name or have her give up her portion of the check? Even though her name was on the mortgage in question, it doesn't seem fair to provide her with additional money when she did not make any payments on the residence.

Thank you for your help.


Asked on 3/19/02, 4:58 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

Re: Escrow Credit for Divorced Couple

If in fact your boyfriend made all payments, it certainly appears that he should be entitled to the refund. However, there is no way for the mortgage company to know this. As a matter of fact, they will not get involved. It is up to your boyfriend (with the assistance of his divorce lawyer, if necessary) to get her signature on the check. I realize that this may be problematic. However, the odds of getting the mortgage company to reissue the check, in my opinion, is close to zero. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that your boyfriend has not retained an attorney, he may want to contact an attorney (either me or someone else; preferably the divorce attorney) to discuss the matter in more detail. Only then will he be able to rely on the advice. I will be happy to assist him. However, he needs to call me at 856-546-8010. Good luck! Rob Gleaner

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Answered on 3/19/02, 5:21 pm


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