Financing in New Jersey>Question Details

Laurajean, Home Buyer in Long Beach Township,...

We are in a short sale. My husband was never on the mortgage, but we were just served papers saying that he has to go on the mortgage. Thoughts?

Asked by Laurajean, Long Beach Township, NJ Wed Jan 30, 2013

When we bought our home about 6 years ago, we didn't need to put my husband on the mortgage at the time so we left him off. Now that we are in a short sale situation we were served papers from the mortgage co for the foreclosure, which I understand is normal, but they also say he was inadvertently left off and he must now sign them. It wasn't an mistake, can they do this now? Make him go on the note? I'm currently unemployed so I guess they will go after him for any money(s). IDK...help!!

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By the way if you are seeking legal advice do not just see just a real estate attorney You need a foreclosure attorney, There are not many in the area. Many claim to be. This has become a unique business and many attorneys do not understand the actual processes and requirements..

For instance many do not understand the terminology of that needs to be on the Notice Of Default. A bank can send you a N.O.D. but if it is not done properly it is invalid.

If you need a name contact me directly.

Search foreclosures and short sale here: http://www.BuyNJShortSales.com

"Nobody Sells More Real Estate than RE/MAX"

Search the MLS on your phone by Text: In the subject line on your mobile phone- LSAR1 -to number 87778 ... hit send... A GPS feature for listings at your finger tips

Larry Sarlo When you want it Sold Fast!
RE/MAX Preferred
609-868-1171 call / text / email 7 days
lsarlo@comcast.net
http://www.larrysarlo.com
1 vote Thank Flag Link Thu Jan 31, 2013
most likely they will not go after a deficiency... Are you in New Jersey or Florida for the house in foreclosure?

Seek legal advice... but I wouldnt sign any note now.

They will most likely want husband to sign short sale papers though...

Are you contesting the foreclosure or not responding to the complaint (uncontested foreclosure)?

Is your husband on the deed? You could be on the mortgage but both may be on the deed. And usually becasue of common law husband and wife retain ownership anyway equally. He doesnt have to be on the mortgage... for the primary anyway.

This is not really the area for legal advice. Maybe legal advice would benefit you from a lawyer.

You prob have a short sale attorney involved ask them...

Is the short sale going thru? May not have to worry about the complaint...

This should not be construed as legal advice and legal advice should always be sought from an attorney

Search foreclosures and short sale here: http://www.BuyNJShortSales.com

"Nobody Sells More Real Estate than RE/MAX"

Search the MLS on your phone by Text: In the subject line on your mobile phone- LSAR1 -to number 87778 ... hit send... A GPS feature for listings at your finger tips

Larry Sarlo When you want it Sold Fast!
RE/MAX Preferred
609-868-1171 call / text / email 7 days
lsarlo@comcast.net
http://www.larrysarlo.com
1 vote Thank Flag Link Wed Jan 30, 2013
Lawyer time. That does not sound right at all unless you asked the mortgage company how you could stave off the foreclosure. But it still makes little sense. You need to ask questions and not sign anything until you lawyer up.
1 vote Thank Flag Link Wed Jan 30, 2013
Thank you Tim. I appreciate your input, I think you're right..lawyer time!
Flag Wed Jan 30, 2013
You need to seek the advice of a Real Estate Attorney regarding this request and your rights. The answer to this question goes beyond the advice this forum is designed for. You may be able to find a local non profit legal resource or housing agency that can help with your situation.
0 votes Thank Flag Link Wed Jan 30, 2013
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