Legal Question in Real Estate Law in New Jersey

Deed change illegally

My mortgage company added my adjacent property to my mortgage illegally 2 years after signing mortgage. They say it should have been on there in the first place. We purposely left it off to sell it because I wanted to pay down the mortgage and fix up the house. When they refilled the papers, they used the same papers from years ago and didn't even change the date or signatures. When I went to sell it, it showed up in the title search. This should be illegal but my lawyer wants to settle for pennies and I think we will win in court but I don't know where to look for help. Has this happened before and where can I look to find out about other cases..


Asked on 8/07/08, 1:19 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Deed change illegally

You may be able to sue the mortgage company for slander of title and related claims. Your liklihood of success will depend on the strengths of your proofs in the substitution issue as well as your ability to prove damages.

I hesitate to second-guess your lawyer without knowing all the facts. There may be something there that makes his or her position very reasonable. If you like, I can review the matter and give you a more informed opinion.

See also: http://info.corbettlaw.net/lawguru.htm

Read more
Answered on 8/07/08, 1:36 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey