How long with no payments until a mortgage is just paper?

[lightsout]

New Jersey: is there a law that will declair a mortgage null and void if payments have never been made? My mortgage, by my father and his wife, was forgiven by my father. He passed away 5 years ago. The estate is still in a legal mess.

I recently found out that the mortgage was never removed and still shows my father and his wife as the financers. In 8 years, 3 of which my father was alive, there has never been any payments made because there isn't supposed to be a mortgage. I pay taxes directly. I can't go to my father's wife to ask to remove it because she will then turn around and claim that I owe her the money - even though today she has no idea about it.

Is there a statue of limitations on a mortgage that payments have never been made on? Does anyone know the law? Thank you.

[xylene]

Originally Posted by lightsout

My mortgage, by my father and his wife, was forgiven by my father.

Do you have proof of this? Was it even truly his to forgive absent step-mom's consent?

Clearly you are going to need a lawyer to sort this out.

Hiding it from "his wife", aka your step-mother, is not going to make this go away.

I have not found of a law stating exactly what you describe. Your situation is too complex to be resolved by a short peice of legal research. You are going to need a lawyer, and yes, you might have to pay your stepmother.

[seniorjudge]

Originally Posted by lightsout

New Jersey: is there a law that will declair a mortgage null and void if payments have never been made? My mortgage, by my father and his wife, was forgiven by my father. He passed away 5 years ago. The estate is still in a legal mess.

I recently found out that the mortgage was never removed and still shows my father and his wife as the financers. In 8 years, 3 of which my father was alive, there has never been any payments made because there isn't supposed to be a mortgage. I pay taxes directly. I can't go to my father's wife to ask to remove it because she will then turn around and claim that I owe her the money - even though today she has no idea about it.

Is there a statue of limitations on a mortgage that payments have never been made on? Does anyone know the law? Thank you.

Some states have statutes of limitations on stuff like this, but they are very long. For example, thirty years after the last payment is due. (On a thirty year note, that would be sixty years at least from the date of the loan.)