NJSBA Family Law Section

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  • 1.  A Married Man

    Posted 12-03-2018 03:13 PM

    My client (wife) is neither on the Deed or Mortgage on the marital home that was purchased in 2014 (during the marriage).  The deed names him: "Client Name - a Married Man".  My client's husband, who makes around $120K/year decided that he would stop paying the mortgage right around the filing of my divorce complaint.  He hasn't made a payment since April. I've written letters to opposing counsel about his squandering of assets, and he's dragged is feet and "promised" to make $1000/month payments.  He never has.  My client just received a motion from the foreclosure attorney's firm, asking the Court to add her to the foreclosure proceeding.  Should I advise my client to fight this?  Any advice on what to do would be helpful.



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    Henry Weinfeld Esq.
    Woodbury NJ
    (856)845-7851
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  • 2.  RE: A Married Man

    Posted 12-03-2018 03:16 PM

    How about doing a PL motion to take the property out of foreclosure?  He obviously can afford to pay the mortgage payment and is expressing retaliation.

     

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    Mark F. Saker, Esquire

    Attorney ID #271831971

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  • 3.  RE: A Married Man

    Posted 12-03-2018 03:30 PM

    File a Motion or Order to Show Cause compelling the husband to pay the mortgage and reinstate the balance. Make sure you copy the foreclosure attorney.  Wife has an equitable interest in the house for ED purposes, plus the Deed says "married man" and was purchased during the marriage.  He can afford the mortgage but stopped in retaliation.  Let the Judge slap him with an Order. Ask for fees too.

     

    Alice M. Plastoris, Esq.

    Law Office of Alice M. Plastoris, Esq.

    82 Speedwell Avenue, 2nd Floor

    Morristown, NJ 07960

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  • 4.  RE: A Married Man

    Posted 12-04-2018 06:09 AM
    She should have been included as a defendant in the foreclosure to begin with as she has a possessory interest in the property on which the lender must also foreclose to clear title. The motion is probably just to add her to the foreclosure suit by name as opposed to something like "spouse of (husband)." 

    It's probably not worth fighting the motion as they are liberally granted and the lender probably just learned your client's name.

    Rajeh A. Saadeh
    The Law Office of Rajeh A. Saadeh, L.L.C.
    50 Division Street
    Somerville, N.J. 08876
    p: 908.864.7884
    f: 908.301.6202
    [email protected]
    http://www.rajehsaadeh.com


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  • 5.  RE: A Married Man

    Posted 12-04-2018 09:31 AM
    I agree with Raj about not opposing the foreclosure suit motion to add Wife.  However, I previously posted that you should file a Motion or OSC with family part to compel husband to pay mortgage.  He is dissipating the asset intentionally.  Get an appraisal of the home.

    Alice M. Plastoris, Esq.
    (973) 538-7070

    Sent from my iPad





  • 6.  RE: A Married Man

    Posted 12-04-2018 11:42 AM

    Yes... I certainly considered filing a motion, getting an appraisal, and I informed my adversary that we'd be considering any equity in the home still subject to distribution - even though Husband intentionally let it go to waste.  My concern was about responding to the motion (I don't do real estate/foreclosure law) and if there was any chance I could keep my client's credit from being tarnished since she's not formally named on the deed or mortgage.  It sounds like it is not worth the effort.

    Thanks for the response!



    ------------------------------
    Henry Weinfeld Esq.
    Woodbury NJ
    (856)845-7851
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  • 7.  RE: A Married Man

    Posted 12-05-2018 06:49 AM
    It shouldn't affect her credit unless she's a borrower per the note. Even if she has title and/or is a mortgagor, she's only a borrower if she signed the note obligating her to repay the debt that is secured by the mortgage.

    Rajeh A. Saadeh
    The Law Office of Rajeh A. Saadeh, L.L.C.
    50 Division Street
    Somerville, N.J. 08876
    p: 908.864.7884
    f: 908.301.6202
    [email protected]
    http://www.rajehsaadeh.com


    IMPORTANT CONFIDENTIALITY NOTICE
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  • 8.  RE: A Married Man

    Posted 12-05-2018 08:45 AM
    Raj

    I disagree that it will not effect her credit.  If she is named in the foreclosure complaint and judgment it will effect her credit and show up on a credit report.

    Alice M. Plastoris, Esq.
    (973) 538-7070

    Sent from my iPad





  • 9.  RE: A Married Man

    Posted 12-06-2018 06:12 AM
    It won't, unless she's a borrower. The credit report is tied to her name, birthday, and Social Security number. And, the credit report isn't a a judgment search; foreclosures appear on credit reports usually after a sheriff sale, not after judgment is entered, and that is reported by the creditor to the credit reporting agencies. 

    Rajeh A. Saadeh
    The Law Office of Rajeh A. Saadeh, L.L.C.
    50 Division Street
    Somerville, N.J. 08876
    p: 908.864.7884
    f: 908.301.6202
    [email protected]
    http://www.rajehsaadeh.com


    IMPORTANT CONFIDENTIALITY NOTICE
    This message (including any/all attachments) is being sent by an attorney and is intended exclusively for the individual or entity to which it is addressed. This message (including any/all attachments) contains information that is proprietary, privileged, confidential, and/or otherwise legally protected from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, and/or disseminate this message and/or any part of it (including any/all attachments). If you received this message in error, please notify the sender immediately and permanently delete and destroy any/all copies of this message (including any/all attachments).

    DISCLAIMER REGARDING REPRESENTATION
    This message (including any/all attachments) does not establish an attorney-client relationship between you and me.  An attorney-client relationship between you and me can only be established by personal contact and requires (i) my prior written consent to act as your attorney and (ii) your and my execution of a written retainer agreement.

    LEGAL ADVICE/SOLICITATION
    This message (including any/all attachments) is for general informational purposes only and does not constitute solicitation or legal advice.