Legal Question in Real Estate Law in New Jersey

No. The whole point of a short sale is to have the bank agree to release its mortgage even if it receives an amount that is "short" of what's owed. Without a mortgage release, a buyer wouldn't be receiving clear title. Generally, when the seller intends to have a short sale, the contract should expressly be conditioned on seller's getting the written approval of the bank.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.