Legal Question in Real Estate Law in New Jersey

Homebuyers from hell

i have a friend who had property for sale, cheap. mortgage was held by person he bought it from. i had relatives who lived with me who needed cheap place to live. friend sold property to them. signed deed over to them. they made payments to original mortgage holder for about a year then quit. owes about ten months back mtg. relatives refuse to pay mtg or move. original mtg holder is yelling at friend. friend is yelling at me. i feel bad for original mtg holder who did nothing wrong. how do we get relative to move out of property without having to pay thousands in legal fees. can original mtg holder forclose without an attorney? if so how?


Asked on 2/17/01, 5:17 pm

1 Answer from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: Homebuyers from hell

Seems like the only one who is not legally liable here is you. If I understand what happened, you put the people together, but nothing else. If the buyers assumed (in writing) the obligation to pay the mortgage, then they are in default and can be foreclosed upon. If there is nothing in writing, then the one who originally signed the mortgage is still liable for same. If the people in the house refuse to leave, then a law suit needs to be filed against them to get them out. The bottom line is that there are varying rights among these parties and they are sorely in need of legal advice. What I have given you is very incomplete because I am not satisfied that I have the full story and, in any case, a careful review of all documents would be necessary before a good opinion can be given. You cannot rely on advice given by an attorney who has not been retained. Accordingly, before anyone does anything, he/she should speak with an attorney and upon full review, a course of action can be chosen. If any of the parties want me to assist them, they need to call me at 856-546-8010. Mention LawGuru and the first consultation is free. Good luck! Rob Gleaner

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Answered on 4/02/01, 1:31 pm


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