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bank forgot to put spouce on title deed


ratt
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i think it's a law in new jersey that spouce has to be on deed, when we got the mortage they never had me sign a dam thing, i am in modifcation at this time, and they company doing it says it is not a leagle mortage and they can

not forclose on me, wants me to get a laywer and fight the bank, any chance this is true

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i think it's a law in new jersey that spouce has to be on deed, when we got the mortage they never had me sign a dam thing, i am in modifcation at this time, and they company doing it says it is not a leagle mortage and they can

not forclose on me, wants me to get a laywer and fight the bank, any chance this is true

I think you need to speak to a real attorney - not the one that gave you the advice above.

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From the article:

The bank also claimed that the trial court was incorrect in their assessment that the mortgage was invalid because, according to the bank, Iowa Code §561.13 does not apply to “purchase money mortgages.” But, that issue wasn’t preserved for appeal because it wasn’t raised at the trial court level. Nationwide Advantage Mortgage Co. v. Ortiz, No. 9-584/ 08-1420 (Iowa Ct. App. Sept. 2, 2009).

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Why not raised at the trial level? Seems a blatantly obvious point to make. If true, the entire case would have been short-circuited by demurrer. To me, the attorney who bumbled this case is at risk for malpractice. :(

To the OP- this is a highly state dependent, technical point. So you need an attorney to review the documents and make a determination as to the scope of NJ statute.

Five months ago I refi'ed a property I owe individually into a mortgage held by me & my wife. I'm in PA. In PA, the ownership of the property and the borrowers do not have to be aliigned if one is married. In NJ, this may be different.

If there is a NJ statute that requires it, then you need to know if there are exclusions (such as for purchase money mortgages) and exceptions for certain conditions. And you need to know the extent of permissible equitable estoppel arguments (from case law as I am sure this issue has been well tested if NJ has this requirement). Seek an attorney. I doubt anyone outside of a NJ attorney will give you a solid answer.

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