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New Jersey Real Estate Law Questions & Answers
2 Answers | Asked in Foreclosure, Real Estate Law and Civil Litigation for New Jersey on
Q: my mortgage is held by my families estate, can they foreclose on my house if i missed a few payments sporadically.
Leonard R. Boyer
Leonard R. Boyer answered on Sep 19, 2021

Yes, they can foreclose at any time. You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney, the sooner the better.

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1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: What do I have to pay in Capital Gains taxes in NJ on a home sold as part of an estate - $310k

Sold my inlaws home after death for $310k. What taxes need to be paid on it to NJ?

Morris Leo Greb
Morris Leo Greb answered on Sep 17, 2021

The question is incomplete. You failed to give the basis. In any event this is a question best asked of a CPA.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: How do I change my house from commercial to residential?
Morris Leo Greb
Morris Leo Greb answered on Sep 13, 2021

Check with the Building Inspector of the municipality if the zoning permits residential use in the zone. Check to see if the building complies with building code requirements for residential use.

1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Q: mom's will states that house goes to son and adjacent property to daughter but house and property are not subdivided.

if no subdivision is done, and son agrees to pay sister in future when property is sold, what legal/tax issues does sister need to be aware of now or in the future?

Morris Leo Greb
Morris Leo Greb answered on Aug 20, 2021

Divisions of property which is the result of probate are exempt rom subdivision laws but not zoning laws.

1 Answer | Asked in Real Estate Law and Civil Litigation for New Jersey on
Q: What can I do if the seller refuses to sign the release of my escrow funds? Am I able to sue for more than my deposit?

I had issues with the house, which the seller advised he will fix. He never signed the addendum but advised he will fix it through email. At walk through days prior to closing, the items requested were not fixed, and he was unable to provide a CO. He requested to close still which I refused and... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 19, 2021

You raise a number of difficult, technical issues. Were you represented by an attorney when you executed the contract ? If so, contact her to discuss your problems. If you were unrepresented was this because of yoor broker's recommendation? Immediately contact an attorney to discuss your... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Listing house with ex-bf looking at estimate closing cost doc HVAC payoff amount is coming out of the sale of the house

Should that come out of both of our profits if he bought the HVAC afterwards and the loan is only in his name?

Morris Leo Greb
Morris Leo Greb answered on Aug 15, 2021

HVAC is a fixture and thus a permenant attachment to the building. Thus the payment should be made from the proceeds of the sale unless there is a wrtten agreement to the contrary.

2 Answers | Asked in Estate Planning, Real Estate Law and Civil Litigation for New Jersey on
Q: What to do when an ex bf is also a co buyer of a house and he won’t leave and stated he will not give up the house?
Leonard R. Boyer
Leonard R. Boyer answered on Aug 8, 2021

You need to retain an experienced civil litigation attorney who will file an action for partition and sale. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of the art Zoom Video Conference. So you don’t have to be restricted by... Read more »

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2 Answers | Asked in Divorce and Real Estate Law for New Jersey on
Q: Divorce real estate question and what kind of lawyer do I get?

I got divorced a year ago and agreed to let my ex-wife keep the house so that she can stay there with my child and she in exchange paid off a small credit card debt. A year later she has now decided to sell the house and I am still on the mortgage and deed. I am being told that since I am still on... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 31, 2021

The first choice would be to speak to the attorney who represented you in the divorce proceedings. Thed second choice would be any attorney with both real estate and matrimonial matters.

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1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: My mother wants to transfer her real estate deed to me, her son. What would be the best options and procedures.

Property is located in Bayamon PR. I currently live in New Jersey USA. What would be, if any, the tax liabilities.

Morris Leo Greb
Morris Leo Greb answered on Jul 27, 2021

Retain the services of an attorney admitted to the PR bar!

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I have someone who is parking in my lot in my residential property without permission. Can I have them towed?

There is a sign posted saying it is private property can cars will be towed if they park illegally. Our neighbor constantly has visitors who use our lot even when we have asked him to stop. The police have been called multiple times regarding this issue.

Morris Leo Greb
Morris Leo Greb answered on Jul 25, 2021

Call a local towing service and discuss what remedies are available to prevent and/or cure illegal parking on your property.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a seller use a relocation company to sell their house when they are not relocating as stated?

I bought a house from a relocation company and was told my seller was relocating for work. After having many issues with my new house I came to find out that my seller is a flipper and flipped a house prior to flipping mine and "relocated" ten minutes away to the next town over. I believe... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 22, 2021

By way of answer can a seller be described as being 'motivated' when all the seller wishes to communicate is that perhaps there is negotiating room in the asking purchase price, or describing a home as 'cute' when the seller means small. It is called puffing. Sellers do it all... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: We are thinking about selling our home.

If we list our home with a realtor, but change our minds about moving, can we delist the home without incurring finically consequences from the realtor? Should put that in the listing agreement with the realtor?

Morris Leo Greb
Morris Leo Greb answered on Jul 2, 2021

Any condition that one wishes to include in a listing agreement with a broker must be specifically included in the written agreement. Please note careful that the listing agreement might have a clause that in the event the seller delists the property, the listing agreement remains in effect until... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Is my assoc. responsible for taking care of the cat excrement smell seeping into my house from my neighbor?

I own a townhouse in NJ that sits above a small condo. Over the past few years, I have smelled cat urine in my unit & can only guess that the odor is coming from the hoarder below me with 2 cats. I also believe that my health is being affected-coughing. I called my association and the mgr... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jul 1, 2021

Yes, the Association should be taking all necessaries to correct the conditions you describe in your query. The first step would be to send the Association a written demand outlining the problems you are experiencing. In the letter, advise the Association that you will be notifying the municipal... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Am I responsible for the water and sewer?

I moved in July 15 2020. My ll told me I was responsible for water. I asked him who do I pay & he told me to call the twp & they would tell me how much I owe. When I called they told me there was an unpaid balance prior to when I moved in. I told my ll immediately & he said he didn’t... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 30, 2021

You are only responsible to pay for those items which are listed in the lease agreement. I would suggest you call the municipality and request a copy of the bills when you became responsible for the water bill. Check your records to see how much you previously paid towards your share. If there is... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: We will need to replace our cesspool and put in an advanced treatment system septic because of ground water issues.

I have been told I need to put a deed restriction on requiring the new owner to maintain the system. Wont this have a negative effect on selling my property? Do you know of other alternatives? This seems very unfair to me.

Morris Leo Greb
Morris Leo Greb answered on Jun 21, 2021

The posed questions fails to state who is imposing the restriction. It also fails to state whether the system is being installed on property not owned the the poser of this question. If the question were rephrased, perhaps a better response could be given.

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for New Jersey on
Q: If I live in a smoke free building in NJ. Can I smoke about 20ft away from the entrance? Or do the building rules apply?

The house rule state that no smoking permitted inside the building or immediately in front of the building or any of the utility rooms.

Morris Leo Greb
Morris Leo Greb answered on Jun 16, 2021

It will depend on whether the 20 foot distance is still on private property. If you wish to smoke stand on the public streets.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I have a signed lease to move into an apartment on June 15 in NJ. The landlord was paid. Will not let me move in.

He was paid 2 months rent and security deposit. This is about $3000. He also stored my furniture and belongings when my mother’s house was sold. Move in date was 6/1/2021 and it was delayed til 6/15/2021 because the property was be rehabilitated. A few days ago the landlord told me via text... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 16, 2021

Seek assistance from Legal Aid. Also tell the Landlord you will go to the municipality to file a complaint that the Landlord does not have a Certificate of Habitability to give you prior to your occupancy. If the Landlord has not complied with all NJ statutory requirements, he could be open to a... Read more »

2 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for New Jersey on
Q: My grandmother died with a reverse mortgage on her house with no co-borrowers. How soon can the lender take the house?

Family is searching for the latest Will. Nobody remembers the attorney's name to try to find her to get a copy of the Will. Can the lender call the loan due and/or foreclose on the house before the estate goes through probate? Can anyone else who lived in the house taking care of my... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 14, 2021

My best response is that you have raised many important issues that require extensive responses which are beyond the scope of the platform. The best thing to do is retain the services of an attorney who is familiar both with real estate law and probate law.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: I filed 12 police reports on my upstairs neighbor for harassment we live in fear. I have video proof. what do I do ?

My upstairs neighbor is making us crazy !! I have filed 12 police reports and the Judge always finds no probable cause. He called the cops on my wife for smoking a cigarette in front of our garage, he had a master switch to my electric garage and waited for my wife to enter then locked her in. he... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 11, 2021

Make an appointment with the County Prosecutor to discuss the problem. Also send a certified letter to the Landlord that you will be paying the monthly rent, in a timely fashion, into an escrow account. The money will not be released until the problem is addressed. The Landlord's recourse is... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My father(alive) owns a house in PR, and my brothers don't want it, He wants to put it under my name and his.

My father is 71, he visits PR every year and recently told me he wants to put his home under both our names. I do have siblings, but they never want to return to that area of PR. What should I do? He is still alive. We live in NJ, but he visits every summer to PR. I also have gone to PR since i was... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 9, 2021

The answer to your question requires knowledge of PR law. Therefore, I wouldsuggest you retain a NJ attorney who is either admitted to the PR Bar orhsas working experience with PR law. In NJ a simple deed is all that would be required assuming clear title.

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