NJSBA Family Law Section

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  • 1.  Enforcing Mortgage Entered in Order

    Posted 11-13-2013 03:49 PM
    In order to secure funds due from my client's ex-husband for child support and other items, the Court provided for a mortgage to be issued against the ex-husband's home.  He has listed the home for sale; however, as the "mortgage" was simply set forth in an Order, I am concerned that he will be permitted to close on the home without satisfying his obligations pursuant to same.

    This is the first time I have had a Judge issue a mortgage in this nature, and I am unsure of how to proceed in protecting my client's interests.  I am considering filing a Motion based upon the new information of the pending sale of the property, in addition to other enforcement issues that need to be resolved, but I was wondering if anyone ever encountered a similar situation and, if so, if there is another mechanism to "record" the mortgage.

    Thanks.

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    David Cardamone Esq.
    Little Silver NJ
    (732)741-6769

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  • 2.  RE:Enforcing Mortgage Entered in Order

    Posted 11-13-2013 03:55 PM
    What about filing a Lis Pendens?

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    Wendy Ezor Engler, Esq.
    Hackensack, NJ 07601
    201-488-7001

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    Original Message


  • 3.  RE:Enforcing Mortgage Entered in Order

    Posted 11-13-2013 04:04 PM
    I have thought of that as an option; however, because this is a post-judgment matter and the issue is only monetary, my understanding is a Lis Pendens is not appropriate, as there is no claim to an interest in the property per se.

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    David Cardamone Esq.
    Little Silver NJ
    (732)741-6769

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    Original Message


  • 4.  RE:Enforcing Mortgage Entered in Order

    Posted 11-13-2013 04:10 PM


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    Leonard Wolkstein Esq.
    Springfield NJ
    (973)376-1114

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    I would suggest that you go to the County Clerk's Office in the county where the property is located and record the Order as a mortgage.
    I would  also suggest that you draw up a mortgage and forward it to the husband's counsel if he has one or directly to the husband with a demand that he properly execute it and immediately return it to you for filing, with the suggestion that if he does not, you will file a motion asking the court to appoint an attorney in fact to sign on his behalf and also demanding that he pay your counsel fees and costs for doing so. Then proceed accordingly. If he signs, record the mortgage. If he doesn't, file the motion and look into the possibility of filing a lis pendens. There is a statute that governs when you can do this.





    Original Message