NJSBA Family Law Section

I represent an ex-wife, divorced long ago. 

the ex-husband owns a commercial property (bought it from exhusband's own mother for a dollar long after divorce. wife has no involvement, did not sign note or mortgage).

ex-wife got a child support judgment in 2006.

exhusband refinanced in 2009, took all equity out of commercial property. he signed affidavit of nothing owed on the CS judgment.

not true: balance was (still working on proving) about $12,000.00 on date of loan.

CS arrears accumulated, now $17,000 in 2016. husband self employed, very resistant to paying arrears or current CS, no assets at all except the commercial property

bank now foreclosing, named exwife as defendant, stating in complaint that CS judgment balance was zero at time of loan, seeking therefore to terminate her interest as judgment creditor.

question: anyone fought a bank in similar circumstances? looking to do this as efficiently as possible for a client who can not afford much for this.

thanks,

Bob Davies

Robert F. Davies, Esq.

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax:     201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

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Thank you.

I represent an ex-wife, divorced long ago. 

the ex-husband owns a commercial property (bought it from exhusband's own mother for a dollar long after divorce. wife has no involvement, did not sign note or mortgage).

ex-wife got a child support judgment in 2006.

exhusband refinanced in 2009, took all equity out of commercial property. he signed affidavit of nothing owed on the CS judgment.

not true: balance was (still working on proving) about $12,000.00 on date of loan.

CS arrears accumulated, now $17,000 in 2016. husband self employed, very resistant to paying arrears or current CS, no assets at all except the commercial property

bank now foreclosing, named exwife as defendant, stating in complaint that CS judgment balance was zero at time of loan, seeking therefore to terminate her interest as judgment creditor.

question: anyone fought a bank in similar circumstances? looking to do this as efficiently as possible for a client who can not afford much for this.

thanks,

Bob Davies

Robert F. Davies, Esq.

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax:     201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

CONFIDENTIALITY NOTICE:

This email and any accompanying attachments contains information which

may be confidential and privileged. If you are not the addressee (or

authorized to receive this message for the addressee), you are not

authorized to read, use, copy or disclose this message or any part of it

to anyone. If you have received this message in error, please notify the

sender immediately by e-mail and delete all copies of this message.

Thank you.

Have you contacted the title company insuring the bank loan?  I believe that they should have done a judgment/child support search even back in 2006.  The title co may be on the hook for this.

Nancy D. Gold, Esquire

1300 Route 73, Suite 211

Mount Laurel, NJ 08054

Phone: (856) 505-1700, ext. 207

Fax: (856) 505-1710

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I represent an ex-wife, divorced long ago. 

the ex-husband owns a commercial property (bought it from exhusband's own mother for a dollar long after divorce. wife has no involvement, did not sign note or mortgage).

ex-wife got a child support judgment in 2006.

exhusband refinanced in 2009, took all equity out of commercial property. he signed affidavit of nothing owed on the CS judgment.

not true: balance was (still working on proving) about $12,000.00 on date of loan.

CS arrears accumulated, now $17,000 in 2016. husband self employed, very resistant to paying arrears or current CS, no assets at all except the commercial property

bank now foreclosing, named exwife as defendant, stating in complaint that CS judgment balance was zero at time of loan, seeking therefore to terminate her interest as judgment creditor.

question: anyone fought a bank in similar circumstances? looking to do this as efficiently as possible for a client who can not afford much for this.

thanks,

Bob Davies

Robert F. Davies, Esq.

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax:     201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

CONFIDENTIALITY NOTICE:

This email and any accompanying attachments contains information which

may be confidential and privileged. If you are not the addressee (or

authorized to receive this message for the addressee), you are not

authorized to read, use, copy or disclose this message or any part of it

to anyone. If you have received this message in error, please notify the

sender immediately by e-mail and delete all copies of this message.

Thank you.