Archived
Title company is having issue with seller's payoff statement that was sent from the initial lender not the assignee
Michael's answer
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Answered on June 25, 2013
The title company is correct to question the pay-off.
If BOA sold to USB, then BOA has no right or ability to cancel the Seller's mortgage.
Archived
Do I have to wait to file a judgment on the Breach of Contract verdict because I am still waiting on the Consumer Fraud trial.
Michael's answer
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Answered on June 22, 2013
It depends on what the order for reconsideration provides - is there to be a re-trial on the CFA issue alone or on all issues?
If it is for the...
In New Jersey must an Allonge be dated and notarized?
Michael's answer
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Answered on June 22, 2013
An allonge used to transfer a mortgage and note to an investor it required to be endorsed under the New Jersey Uniform Commercial Code.
Archived
If there is a partition order in place but we agree outside of court to sell the home is the partition order still valid?
Michael's answer
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Answered on June 22, 2013
If there is a court order in place, you are bound by it. You may jointly apply to modify the order by consent to match your agreement.
I am not...
Archived
Can I sue a mortgage company due to keeping my deposit back in 2008?
Michael's answer
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Answered on June 22, 2013
It may depend on the terms of the Centex bankruptcy. Your deposit made you an unsecured creditor. You likely had to submit a proof of claim in the...
Archived
Partition Action, deed seems to say I have half but I paid one fourth of down payment.
Michael's answer
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Answered on June 22, 2013
The issue may not be whether you own 1/2 or 1/4, but what were your contributions to the purchase and carrying costs.
In a partition action, the...
Archived
Can I be named as a defendant in a real estate development litigation if I am not on title to said property?
Michael's answer
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Answered on June 21, 2013
You do not state what the claim against you is.
A complaint must state why you are being sued.
If you are being sued as an owner, then you...
Archived
Do I need a lawyer to put a my name on my husbands deed to his house. If so what kind.
Michael's answer
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Answered on June 21, 2013
It would be advisable to consult a real estate attorney who can prepare the deed and any other documents necessary to file the deed.
Archived
Owned property for 22 yrs. Fence between my prop and neighbor on North has always been there. Re-built sometime in interm.
Michael's answer
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Answered on June 20, 2013
I agree with the other attorneys that you will need the help of a seasoned real estate litigator.
If any of the prior owners will acknowledge...
Archived
Signed purchase agreement contingent on mortgage
Michael's answer
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Answered on June 19, 2013
You can only cancel without penalty if you meet some condition in the Contract of Sale that permits cancellation. For example, if you conduct a...
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