Legal Question in Real Estate Law in New Jersey

can the bank take the rent payments I receive for my investment property if I am behind on my mortgage?


Asked on 10/21/10, 10:45 am

2 Answers from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

The following is provided solely as a general response to your inquiry. The following is not intended as, nor should be construed as, legal advice or opinion. Legal advice and opinion are provided by the firm only upon engagement.

The answer depends in part on whether the mortgage debt is "recourse" or "nonrecourse." Assuming a debt is recourse, then a lender having obtained a judgment against the borrower typically can attach sources of income (including rental income) to satisfy a loan.

If you wish to explore the matter further, please feel free to contact me... 973-921-0600.

Regards,

Barry F. Gartenberg, Esq,

Please visit my website too! www.bgartenberg.com

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Answered on 10/26/10, 11:04 am
Robert Davies The Davies Law Firm, P.A.

Probably yes, if they follow the procedure that that the law requires, and I would need to look over the paperwork to tell you about this.

This is serious stuff. You need to know what your options are and what your rights are. Give me a call, make an appointment to come see me, and let's get moving on this for you.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Please keep in mind that my response is just a general comment on your question, and not legal advice. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the answer to your question. You can not rely upon what I have written, because I do not have all of the formation that I need to advise you, I only have the very small amount of information that you put into your question. For me to give you any legal advice, I would need for you to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

To get legal advice that you can rely on and use, please contact me directly. I would be happy to assist you.

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Answered on 10/26/10, 11:18 am


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