Legal Question in Real Estate Law in New Jersey

My wife and I are separated but working on our marriage. She lives in PA and I live in NJ. She filed for bankruptcy in late May or early June of this year. She told them not to include the mortgages on my house in her filing. My house has been under contract since February 2013.It's being sold as a short sale. The 2nd mortgage company will agree to release the lien if I negotiate a payoff amount with them. I agreed.When I call them to negotiate they told me that the mortgage was listed under a bankruptcy ruling or listing. No negotiation until this is settled. I spoke to my wife's bankruptcy lawywer who is in PA. She said that My wife needs to file a motion to sell with the court. Judge heard the case 3 days ago. He will not make a ruling until he sees documentation that my wife's name is on the notes. I searched and found the notes for the 1st and 2nd mortgages...her name is NOT on either one! Or the deed! Both mortgages stated that she is NOT to sign the note. So I am responsible for the payment of the mortgages. She did sign the paperwork BUT not the note. My real esate attorney called the 2nd mortgage company and stated to them that she did not sign the notes but the 2nd mortgage company said that their name is on my wife's bankruptcy documents. I need to sell my house what else do I need to do to prove to them that she is NOT responsible for payment since she didn't sign the note? If she didn't sign the note then why are the !st and 2nd mortgages even on the bankruptcy paperwork?


Asked on 11/01/13, 4:09 pm

1 Answer from Attorneys
Robert Gleaner Robert A. Gleaner, P.C.

I cannot answer why the mortgages are or are not included in the bankruptcy paperwork. However, if you show the actual notes and actual mortgages for the house and if her name is not on any of these documents, there should be no impediment to the sale of your house, no matter what is in the bankruptcy documents. A lawyer should be able to help you through this.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Feel free to call me at 856-546-8010. Mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

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Answered on 11/02/13, 9:34 am


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