Legal Question in Real Estate Law in New Jersey

Yes, the non-borrowing spouse must sign the mortgage only, in order for the lender to get a valid lien on the property. But be sure to not sign the Note, which is the obligation to pay. Why would the non-borrowing spouse have signed a deed? Isn't that person's name on the deed with the borrower's name? Don't let the lender force the non-borrowing spouse to give up her or his interest in the property; that is not called for. And if s/he does give up the interest in the property by signing over the interest in a deed, why would s/he have to the sign mortgage?

The non-borrowing spouse needs to consult with a lawyer before doing anything like this, because s/he is giving up a very valuable property interest, with no consideration for doing so.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.