NJSBA Family Law Section

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  • 1.  Loan Receivables

    Posted 04-04-2017 04:55 PM
    I have a matrimonial client (here in NJ) and she and her husband sold a property in FL to her brother and took back a mortgage which is recorded in FL.   The mortgage is from both H & W to Wife's brother and is secured by the home in brother's name. Both H & W receive monthly mortgage payments from the brother however they are now divorcing and have agreed that Wife is going to keep the mortgage payments each month from the brother.  What document(s) (other than the PSA/MSA) would I have Husband execute to release his claim on these monies?  I know there is something that can be recorded to show he now has no interest or has assigned same in its entirety to Wife but it's escaping me at the moment.  Any help is most appreciated and if anyone has a form even better.  Thanks.

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    Jennifer D. Armstrong, Esq.
    Jennifer D. Armstrong, LLC
    40 Bey Lea Road, Suite C204
    Toms River, NJ 08753
    732-281-6000
    [email protected]
    www.jdarmstronglaw.com
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  • 2.  RE: Loan Receivables

    Posted 04-04-2017 05:03 PM
    Husband should record an assignment of mortgage indicating his assignment of all rights under the mortgage to the other secured parties. 

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    Debra Guston Esq.
    Glen Rock NJ
    (201)447-6660
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