QUESTION

Gave a loan out to someone to purchace a house they filed banckrupcy can I get money back

Asked on Oct 05th, 2012 on Breach of Contract - New Jersey
More details to this question:
there is a legal document stating that in the event of a breakup or forclosure I am to get my money back the lawyer who did all this is friends with my ex and has not returened my calls for the last 10 months. My copy of the letter was destroyed by my ex can u please advise
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Unless there was a lien recorded against the property, you will probably not be able to get your money back.  You should do a lien search against the property.  Look on the internet for the public records office of the county in which the property is located, and look for the property.  All of the mortgages will be recorded.  If the document you made when you lent the money was properly recorded, then it will be there, and the loan will be enforceable.  If not, then you have no record that you lent the money.   It sounds like it was just a letter, or something like a promissory note, which is not tied to the property and not enforceable if the property is lost through foreclosure.  Good luck. 
Answered on Oct 06th, 2012 at 8:22 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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