Legal Question in Real Estate Law in New Jersey

Re: Mortgage Lien

A lawyer should review the documents. Under the facts as you describe them, it is likely that the mortgage does not encumber the other owner's interest. So, the mortgagee can foreclose, but it can only sell its undivided half interest. The basic principle is that you can't mortgage what you don't own.`

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

Re: Mortgage Lien

I have read what the other attorney wrote, and he is correct.

Your question is pretty clearly part of some larger issue, and it is very VERY likely that you need accurate legal advice before taking any step.

If you do not take my advice, then please do keep my telephone number handy. If it becomes a problem, then instead of spending a couple of hundred dollars on a lawyer ahead of time, you will be paying me (or someone like me) thousands and thousands of dollars to clean up the mess which has been created.

I have been doing this kind of work for quite a while. Please do not let this kind of disaster happen to you. Please do go see a lawyer FIRST.

If you would like, give me a call; I am in Hackensack (northern New Jersey). I will be happy to discuss this with you; a brief telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.