Legal Question in Real Estate Law in New Jersey

My mother bought a detached house in Monmouth County NJ thirteen ( 13 ) years ago. It's a condo. Around two ( 2 ) years ago she was having huge problems making the mortgage payments. She asked if my brother could be of any help ( he is a doctor and owns a HUGE house himself ) He said he would be willing to buy the house from my mother and take out a mortgage and she could live in the house.

A few months ago, he said his finances weren't where they should be and he needed the money he put out for the house. He needs to sell the house.

My mother is devasted. She doesn't want to move. Also, she is 85 years of age.

He is trying to sell it VERY quickly. So much so that when it didn't sell after a month or less he lowered the price substantially.

This upset my mother even more.

Does she have ANY recourse here?


Asked on 6/24/11, 11:10 am

2 Answers from Attorneys

Larry Raiken Larry S Raiken LLC

If your mother conveyed title by deed to your brother and has no lease there is very little she can do. She might claim that she was in competent when she sold him the house and get a judge to reverse the sale

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Answered on 6/24/11, 11:13 am
Walter LeVine Walter D. LeVine, Esq.

I have not seen any Deeds, Mortgages or other pertinent documents, so my response is general. Presuming your mother actually transferred ownership to your brother, without reserving a life estate, and presuming your brother took a new mortgage for which he is personally responsible (and your mother is not part of it), this could requiore major litigation to undo, if it could be undone. This entire situation and documents involved (Deed, Closing Statement, Mortgages - past and current- from start to today) need to be reviewed by a real estate attorney. There may be issues of your mother's competency at the time, undue influence by your brother, as well as other issues. This could be expensive and time-consuming. Is there a possibility of alternatives - such as other family members taking over, a reverse mortgage if the property is given back to your mother, or replacing the residence with a new one, but less costly? Much more information is required for a complete response. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 6/24/11, 11:22 am


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