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Home > Money & Services > Mortgages   »   sheriff sale pending

 
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Old Feb 7, 2008, 07:30 AM
ne14oldgems
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sheriff sale pending

Ok to get to the point... NEW JERSEY the state
I bought this house with spouse in 2003/ joint titlt & mortgage. 2004he quit claimed it to me so in his absence I could re-fi, sell, lease, ect. In 2005 I re-fied in my name only.
Deed states we are married at that time ( and currently still are). Bank never asked if we were divorced and my closing docs say "sole" for title.
Loan was internet processed, very quick, inexperienced agent, no communication. ect.
So due to marital rights/ or intrest should either an " afidavitt of considerationfor seller"
been also signed by him, or bank request divorce papers or some kind of release at that point from him BEING WE ARE MARRIED.

Because now I am in foreclosure. He is named on original complaint as Mr. because bank said they cant find him to specify first name. Then in an amendment bank states
we know shes married but we dont know who or where he is. and also acknowleded he may have marital intrest. But never served him. He is out of state But quit claim deed has record of all current info ( bank didnt look) As a last resort can he hold up sale stating basically here I am and I have no knowledge of this. and he didnt.
Or will quit claim ax him out.......of helping and is there any technical defense if so
Please HELP 12 days to sale no more extentions avail.

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