NJSBA Family Law Section

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  • 1.  Family Mortgage issue

    Posted 07-08-2014 10:39 AM
    A psychoanalyst friend and colleague writes:

    I am reaching out to see if you can help me advise a patient about what I feel is a mental health issue in her case. I do not have all the facts, as in dates.  

    I am treating a 53-year-old Cuban woman.  Her diagnosis is bi-polar disorder I probably, with psychotic features.  I have been treating her for 3 1/2 years.  Upon presentation at that time, she was histrionic and labile, continually spewing forth epithets of hatred against her brother for stealing her home from her.  At that time it was hard to distinguish fact from reality.

    She is stable now, works as a substitute teacher at least 3x a week and no longer presents as histrionic.  It is easier to tease out fact from what may not be fact.

    She reports that when she was last hospitalized, prior to 2010, her brother came to her hospital room with papers, assuming the responsibility of her mortgage.  She reports that she signed the papers.  She reports that her brother came with her to her follow-up visits with her treating psychiatrist and her prior therapist.  Her mental health professionals perceived his involvement in her financial affairs as helpful.  It turns out that he assumed ownership of her home,filed false papers, and took out a balloon mortgage. He has not been paying the mortgage and her home is in foreclosure.

    She attempted to deal with the case through the court system on her own, but the case was thrown out.  

    I think this is a mental health case, and I'm wondering whether a contract signed by someone at a psychiatric hospital, formerly in (let's call it) mental health extremis is indeed a contract that is considered binding.  

    Further inquiry can be directed to me at my address and telno below.

    Thank you for any input you may have. 

    Sarah Perkins, LCSW, NcPsyA
    245 East Ridgewood Avenue, 2nd floor
    Ridgewood, NJ. 07450
    201-880-1500




    PAUL D. KREISINGER 
    Attorney and Mediator
    51 Elliott Place
    Rutherford, NJ 07070-1951
    tel...201.939.3336
    fax...201.939.7789

    Wyckoff Office:
    666 Wyckoff Avenue
    Wyckoff, New Jersey  07481
    tel...201.251.2300
    fax...201.939.7789








  • 2.  RE: Family Mortgage issue

    Posted 07-08-2014 10:51 AM

    I think one would need a whole lot more to express an opinion.  I would want to see whatever documents she signed, whatever documents the brother signed, and copies of all the pleadings and orders/judgments in the litigation she pursued, at the very least.  I am assuming that, if the brother took a balloon mortgage there was equity in the property when she made her deal with him.