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Amar Anand Agrawal

Amar Agrawal’s Answers

90 total


  • How can I sell my house if my husband refuses to sign a quit claim deed?

    I purchased a house last August. The mortgage & deed are in my name only. I am married, but separated from my husband November 1, 2013. I do not receive alimony as we earn about the same, I cannot afford the house one own. I'm planning to sell it,...

    Amar’s Answer

    The expensive answer is that you can obtain a Court Order directing the property to be sold. The easier answer would be trying to secure a signature from your separated husband. The only other option is to allow the mortgage holder to foreclose on the property, and take title, if they choose to do so.

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  • What steps must i do when selling a house that is deeded in my name and deceased mother's name. bank has ok'ed a short sale.

    mortgage is behind, bank said no to deed in lieu but are ok with a short sale. I am the sole heir, mother's name and my name are on deed together, as well as mortgage papers.

    Amar’s Answer

    If you and your mother owned the property together, and she passed away, depending on the original conveyance, the title could have reverted to you by operation of law, or you maybe a tenant in common with your mother's estate. Either way, you have the ability to short sell the property. I would, however, ask you to consult with an attorney to determine any tax liability you may incur from the sale of the property, especially since it was owned by your mother at the time it was purchased. The attorney can prepare the necessary documentation to allow you to sell the property.

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  • How can I get my 401ik money,II donot work for the Company anymore. American fund keep sending me a statement so

    I said close account send me the money.they said they will have to talk to my job.What Job.How can I get myn money can I go to the wage Board, sue4.

    Amar’s Answer

    Rather than answer this question in an extremely lengthy post, I am going to post a link with your available options:

    http://www.bankrate.com/finance/retirement/cash-out-roll-over-or-leave-401-k-behind-1.aspx

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  • Do i need to hire an attorney for this potential property dispute?

    My neighbor sold his house to a builder who knocked it down and is building a new house. There was no fence on the side and in the rear yard but they put up a temporary fence basically on my property. 5-10 feet at some points. I am basing this...

    Amar’s Answer

    If you have a copy of your survey, and you are sure that he is encroaching upon your property, try talking to the builder first. Maybe a misunderstanding can be corrected with you sharing what you have with him. If he doesn't listen, or is unwilling to listen, then you can attempt a trespass action. But you are putting the cart before the horse. Try to discuss it with your new neighbor first.

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  • Filing mortgages/loans for homes in NJ

    A) Is there a timeframe from the date of the loan that you must file it with the county (mortgage or any other type of loan) B) If you have any kind of loan other than a mortgage, do you legally have to file it with the county, such a...

    Amar’s Answer

    Just to add to my colleagues, I think you are getting confused on the terms. A mortgage is a lien on real property which serves as collateral for a loan. If you have an equity line of credit or a construction loan, it can still be secured by a mortgage on a property. You would have two distinct documents, 1) A Note or Agreement or 2) A Mortgage securing that Note or Agreement. But as my colleagues stated, if you have a mortgage, record it immediately. Note that just by recording the mortgage, it won't guarantee your mortgage's priority over prior liens that may have been recorded before yours.

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  • Can I be held liable for bank fraud committed by my spouse out of our joint account?

    I was informed by my bank that the joint account I share with my husband was being closed due to fraud. I had no knowledge that my husband was committing fraud in the account. I'm sure I can prove that these fraudulent transactions were not made b...

    Amar’s Answer

    Strictly based on the limited facts that we have present, it sounds like a joint account was frozen as a result of fraud. I don't know if the matter against your husband is criminal or civil in nature, but in either case, you may have an opportunity to show that some of the funds in the account are yours, and were not obtained fraudulently. I recommend that you consult with an attorney to discuss your options based on the nature of your matter. You may have some recourse. However, realize that a bank is not likely to change its stance unless it has a Court Order directing it otherwise.

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  • Bank account frozen due to a judgment for a credit card debt

    My bank account was frozen because there's a judgment against me for an old credit card debt. The creditors claim I had the credit card until 1999. There was a judgment for that credit card in 2001 and now I received another judgment for that sam...

    Amar’s Answer

    You should consult with an attorney to see if its worth trying to vacate the judgment to determine the viability of the debt. In NJ, this is a very common occurrence and you do have the right to ask for proofs showing that you incurred the debt. I would recommend speaking with a local attorney to discuss your options.

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  • My grandmothers house has back taxes I have started a process. Of taking over and I have a form with a gold seal will I have to

    Pay all back taxes

    Amar’s Answer

    Just to add to my colleague's response, you will not be able to sell the house with the existing liens against the property, and if the taxes remain unpaid for a while, they may go to sale. Consult with a probate attorney or an estate attorney to make sure that your assets are properly administered.

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  • Can you levy a bank account with a default judgment against someone from another state?

    I just obtained a default judgment in the state of New Jersey against someone who lives in Georgia, the person banks at a nationwide bank with bank locations in both states. Can the person's bank account be levied in the state of New Jersey?

    Amar’s Answer

    My colleagues are all correct. If he banks at a national bank, you can levy on his account at any location in NJ and the Sheriff will withhold the funds. Keep in mind, you will have to file a Motion for Turnover of Funds which you will have to notify him about.

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  • What does "praecipe/settle & discontinue" mean? .

    the property was in foreclosure, i spoke to the attorney representing the bank and they told me the file was closed in their office, and i was to contact the bank for additional info.

    Amar’s Answer

    A Praecipe to Settle, Discontinue and End is asking the Court to discontinue the case and mark it settled. However, if you need a judgment removed or vacated, you will need a Praecipe to Satisfy.

    You should consult with an attorney to see if they can have the bank sign off on a similar document to make sure your liabilities are terminated, if that is what you are pursuing.

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