Legal Question in Real Estate Law in New Jersey

Selling my house

my house is on the market for sell and for the most part it is sold. Now I have a 2nd mortgage on the house but the sell of the house will not cover the 2nd mortgage, what else can I do. Thank you for your time


Asked on 8/03/08, 7:08 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Re: Selling my house

I'm not sure what you mean by "for the most part it is sold." The house either is under a Contract or it isn't.

If you have mortgages or other liens on the house that you can't pay off at settlement with the sale proceeds, you will not be able to deliver clear title to the property. You will be in default of your Contract obligations to pass clear title to your buyer.

You should ask a local real estate lawyer to try to assist you. The lawyer may not be able to help you complete the sale but could advise you of your options.

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Answered on 8/03/08, 7:57 pm
Robert Davies The Davies Law Firm, P.A.

Re: Selling my house

Your situation is not good, and you will not be able to sell the house without taking some action to get the 2nd mortgage company to agree to this. A sale like this is called a 'short sale'.

You need a lawyer's assistance. This is a difficult problem, and is NOT the kind of problem that happens with most sales.

I am handling three cases like this right now.

Please call my office if you would like my assistance. I can speak to you on the telephone, but it will take more than just a brief telephone call to assist you with these issues.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru. This website, LawGuru, will NOT let me list my phone number in this response.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 8/04/08, 11:00 am


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