Legal Question in Real Estate Law in New Jersey

There are a lot of questions I have, but initially I need to analyze if the house is "underwater"....do you know the amount complained in the foreclosure (Mortgage + late charges + attorney fees) and do you have an accurate current home value? Most houses purchased in 2005 have declined in value, and depending on the amount of your downpayment, there may be little or no equity left after taking into account the foreclosure fees.

Is there anyone in your family who could help out...maybe co-sign?

Please reply direct to [email protected].

Mike

The mortgage is only part of the problem. It appears clear to me that a divorce is in the short-term future. It would therefore likely be in your interest to file for divorce and then file an immediate Motion to have a Judge make some pendente lite (preliminary) determiniations to allow you to move forward with this. Perhaps you can convince the Judge to require the transfer of the house to you so that you are the only owner. Then you can deal with the mortgage company. I recently had a very similar situation in a divorce matter.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a Family Law attorney for a full consultation before you take any further steps. You may feel free to call me at 856-546-8010 to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner

I suggest you go to an attorney who handles divorces, you should have one already. If you do, speak with these people now. If you have, what did they tell you? This is a mess, with dozens of variables, and a lot of information missing, so we can only make guesses at things. This is not a question anyone on LawGuru can properly answer in this forum. You need to get ALL your information together, and s/w an attorney face to face. Good luck!