Legal Question in Real Estate Law in New Jersey
Sheriff Sale
About 5 years ago I purchased a $120.000 home, with a $10,000 down payment, from an aquaintance who assumed the mortage. In the contract it was agreed that I was to pay him the taxes and the homeowners insurance along with the regular house payment. Well, recently, he moved to Nevada for a business venture, but before he left he assured me that he had set up an automatic payment plan in Jersey to pay the property taxes and the homeowners insurance. About 2 months ago I recieved a deliquency notice from the county informing me that my taxes had not been paid for the first two quarters. I contacted him via email and spoke to him on the phone and he told me not to worry the "payment was in the mail", and he would send the check to the county. A month ago I recieved another notification from the county detailing that if my taxes were not paid by June 29 my house would go up for Sheriff sale. Again, I contacted this person and he told me he would take care of it.
Well, it's June 29, and to date no taxes have been paid. What am I in for, and what can I do ?
please advise,
1 Answer from Attorneys
Re: Sheriff Sale
It could be as simple as going and paying the taxes yourself, then deducting that amount (including penalties and interest) from the next payment due to him. However, it would be best to consult directly with a NJ attorney as I haven't read your contract and may not know all the facts. Also, since you're paying him, I suppose you didn't assume the mortgage from his lender. This could cause problems if that lender finds out. Again, consult directly with a NJ attorney on this to be safe and sure. Good luck.
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