Legal Question in Real Estate Law in New Jersey

Closing On A House With a Lien

How could you close on a house (being represented with a lawyer) that has a open mortgage on it?

Who's fault is that and who is responsible?


Asked on 2/05/06, 5:29 pm

3 Answers from Attorneys

Marc V. Taiani AAAL - Allegheny Attorneys At Law

Re: Closing On A House With a Lien

That's why you should always use a Settlement Company which is run by a real estate attorney of your own choosing...I bet you also didn't purchase title insurance as well...call an attorney who deals primarily with Real Estate matters before this gets any worse.

Sincerely,

Marc Taiani, Esquire

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Answered on 2/08/06, 4:39 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Closing On A House With a Lien

Many answers, depending upon whose mortgage it is? If it is the Seller's mortgage, it gets paid off at the closing, with the amount being deducted from what the Seller will receive. I have had the experience that it is an earlier mortgage, but its cancellation has not been accomplished. This frequently happens, because the holder of the mortgage did not file the papers but gave them to the former mortgagor, who did not realize they had to be recorded. This may take some time, but can be corrected. More information is needed about the mortgage to give you a proper answer.

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Answered on 2/06/06, 11:15 am
Robert Davies The Davies Law Firm, P.A.

Re: Closing On A House With a Lien

The answer will depend on exactly what took place, what kind of mortgage, how old, exactly how it was allowed to remain. It is not possible to answer your question without a lot more information.

I have sued several attorneys for malpractice, including one suit for malpractice in a real estate purchase. If you wish to consult me, please click on the link below my name, which will give you my phone number (I am not allowed to put it here) and call my office and set up an appointment.

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Answered on 2/05/06, 5:37 pm


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