Legal Question in Real Estate Law in New Jersey

promissory note/mtg?

my son purchased property from me for 0$ down. There was a note filed against the property in the county. Plan was to pay me total purchase price after 1 yr. Didn't happen. He has paid me 50k and we have now agreed to new terms for the balance which I would like to put into a promissory note. Can I use a property secured, scheduled installment promissory note with a security agreement to keep everything kosher. Also, will I be able to have this filed in the county to replace the existing note on the property?


Asked on 7/27/07, 1:09 pm

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: promissory note/mtg?

What you are trying to accomplish can be easily done. You seem to have a general idea about how to do this, but you do not have the terminology correct. Generally, what you will do is discharge the mortgage that is on record and record a new mortgage with your new deal. However, you really should have an attorney do this for you, to be sure everything is kosher!

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a real estate attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 7/27/07, 1:18 pm
Robert Davies The Davies Law Firm, P.A.

Re: promissory note/mtg?

I have read what Rob Gleaner said, and he is correct.

You really should have a lawyer do this for you, and that should not cost very much. You have some problems with your son, and you want to be protected.

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Answered on 7/27/07, 1:21 pm


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