Legal Question in Real Estate Law in New Jersey
Mortgage Law in NJ
If a seller of a property has agreed to carry the 10% note for a buyer, does the bank have to know about it?
2 Answers from Attorneys
Re: Mortgage Law in NJ
Yes - the bank is entitled to know if there are any other people with an interest in the property.
I am sure your mortgage (company)requires that it be a first mortgage and that you cannot have other mortgages/loans encumbering the property without their permission - this is in effect what the hidden note would be.
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Re: Mortgage Law in NJ
Yes.