Legal Question in Real Estate Law in New Jersey

Re: quick deed transfer

It is not really clear from your question exactly what you did when you put the house in your mother's name. If this was a true refinance, with the first mortgage being paid off and now a new mortgage in your mother's name, the house is truly hers. On the other hand, if you had some arrangement to have her give it back, you may have some claim against her.

The worst thing you can do now is attempt to transfer the house back without seeking the advice of a good real estate attorney. You may be complicating the situation even more. You need an attorney immediately.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a real estate attorney for a full consultation before you take any further steps. You may feel free to call me to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner

Re: quick deed transfer

This could be big trouble for you in ways that you have not anticipated. If you deeded the house without the lender's knowledge and permission, you have likely committed an act of default under the mortgage. The lender can now foreclose even if the loan is current and they will do that the instant that they find out that their security has been compromised. If you did that to avoid foreclosure, you may have committed the tort of fraud and subjected yourself to civil suit and penalties including punitive damages. The lender's lawyer will be happy to include these claims with any complaint for a deficiency in the loan or to restore the title. The lender will have little trouble getting title from your mother and will then charge you for all the attorney fees to do that. Under certain circumstances, all three of you may have committed criminal offenses. So you have not accomplished your purpose and you have created a great deal of trouble for yourselves. You should forget about your blank quitclaim deed forms, put do-it-yourself law away, and sit down with a real lawyer to fully discuss what was done and how to undo it with the least pain.

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