Legal Question in Real Estate Law in New Jersey
Who can sign for mortgage?
if a proprty is owned by a corp. with 3 owners and the property was to be refinanced can one owner do that without the signatures of the other 2 owners who each own 1 third. if not is there a law that requires a bank to secure all signatures. also, if a bank lends with only one signature can they be held accountable for lending without ensuring that the other partners were aware of the loan.
1 Answer from Attorneys
Re: Who can sign for mortgage?
No attorney can answer this question without seeing the documents involved, including the documents creating the corporation (charter, bylaws, resolutions), and probably looking at the Bank's documents too.
I can not tell whether the Bank has a valid lien on the property or not. It is not likely, however, that the Bank would agree to lend without having a valid mortgage on the property.
It is pretty clear that you have a real and serious problem with this business. There is no way that one owner should ever take action without the consent of the other owners, when something as serious a putting a mortgage on the property is involved.
I think you should sit down with an attorney, find out what your rights are, and what your options are.
If you would like, give me a call; I am in northern New Jersey. I will discuss this with you; the telephone consultation will be free. I would be happy to help you out.
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.
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