Legal Question in Real Estate Law in New Jersey

Re: My rights as a previous co-owner

I do not know how your name was removed from the original Deed, if you were named in the original Deed, without your having signed a new Deed to allow this. You could not be removed on his signature alone, so this should be verified. In the same vein, you cannot file a Mortgage without his signature appearing on it. The best I can suggest is to send me a copy of the original Deed to review and a copy of the subsequent Deed. If he did not give you a Promissory Note, you have nothing in writing to confirm you are entitled to interest, if your original funds were regarded as a loan, rather than an equity interest in the property. I suggest getting a Mortgage from both your brother and his wife, plus a Promissory Note signed by both of them, to protect your contribution and then record the Mortgage. I also suggest you consult an attorney as the facts you present are somewhat confusing as to what actually took place, what was intended, and to assure you are covered. You should also verify if you are covered by the fire and liability policy on the house, as is the current Mortgagee.