NJSBA Family Law Section

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Considerations when marital home in foreclosure.

  • 1.  Considerations when marital home in foreclosure.

    Posted 12-05-2013 04:39 PM
    I rep W.  Marital home (titled in H and W) has been in foreclosure well over a year.  I believe a sheriff sale is scheduled for early in the new year.  W and children moved out of marital home over a year ago.  H remained and is still residing in marital home without any mortgage/tax/insurance payments.  Divorce case is progressing and may settle before the completion of the foreclosure.  

    What protections/concerns (vis a vis the foreclosure action, mortgage liability and H remaining in home post-divorce) should I be considering for my client?  Any suggested provisions for the PSA?

    Thanks.  [email protected]

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    Jordan Stern Esq.
    Law Office of Jordan A. Stern
    Chatham NJ
    (973)632-3526
    www.njsternlaw.com

    "If there's one thing you should take from this class, it's this: Read the statute to the very end--to the very last period." -Prof. George C. Thomas III, Rutgers-Newark School of Law
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