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Questions Answered by Morris Leo Greb
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 Landlord - Tenant for New Jersey on
Q: Landlord took 2 months rent and security. Now says I can’t afford rent. Won’t let me move in. I have signed lease.

Will be homeless as my living arrange end the day before I was scheduled to move.

Morris Leo Greb
Morris Leo Greb answered on Jun 13, 2021

In NJ, by law, the Landlord can only take a month and a half security deposit, must deposit the money into a tenant interest bearing trust account, and provide with name of bank, account number and bank address. Also, prior to moving in the Landlord must provide with a Certificate of Habitability... Read more »

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 Constitutional Law, Landlord - Tenant and Municipal Law for New Jersey on
Q: Can my HOA prohibit me from displaying the American Flag that has the thin blue & red line in support of Police and Fire

At one of the HOA meetings I attended (virtually) I asked if I could display the American Flag that had the thin blue and red line honoring firefighters and police officers (I have both of these heroes in my family) and one the members of the ARB barely let me finish my sentence before saying no... Read more »

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

This is a complicated question which requires an examination of the organic documents of the HOA as well as a review of the history of the HOA in permitting outside displays. Are front door or outdoor terrace railing displays permitted by the HOA? Are flags permitted to be displayed for Flag Day?

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Step mother died the. My father died 17 hr. Later

When they married her 2 children were grown and out of the house. They never lived with my father and nothing was ever in their mothers name. There was a joint account that only my dads money went into and the bills were paid from and she had her own account that her money went in and she spent. We... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 10, 2021

What is the question?

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.

2 Answers | Asked in Contracts for New Jersey on
Q: Can the seller back out of contract after already signing purchase agreements because they got a better offer?

All the papers have been signed, only thing left to do is deposit and inspection. But now they are saying they received a better offer (all cash) and are going to get a lawyer back out of our agreement. But isn't it illegal to go into a new contract with a new buyer as a seller after you are... Read more »

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

The answer requires a review of the contract of sale to what condition precedent there are which required satisfaction.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Reside in apartment complex in Bridgeton, NJ. One tenant has a surveillance camera in the foyer of the building.

Landlord is aware of tenant camera. Help!

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

Send a letter to the Landlord that he must take steps to have the camera removed or made inoperative. Further state that this must be accomplished immediately. Include a statement that rent will be withheld until the camera is no longer working. If you withhold the rent, tell the landlord you will... Read more »

1 Answer | Asked in Consumer Law, Collections and Health Care Law for New Jersey on
Q: During a medical procedure, my doctor sent biopsies to an out-of-network lab. Am I financially responsible?

The doctor could have used Labcore or Quest, both in network labs. However, he sent them to an out of network lab, without my knowledge or permission. Can the lab he sent them to bill me?

Morris Leo Greb
Morris Leo Greb answered on Jun 7, 2021

Yes.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Could I have my landlord replace the vinyl flooring due wear and tear after 11 years of living in the same apartment??

I moved into an apartment knowing that the vinyl flooring was already discolored and worn out. Soon after, the flooring began expelling noxious fumes and black dots were appearing all over the floor. I bought two expensive electrostatic air purifiers towers to help me breath better at first, and... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 7, 2021

If there is a written lease, review the lease to see what provisions are included in the lease concerning repairs. If there is no written lease, you have a valid argument that the floor repair is the landlord's responsibilty.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I would like to know if a landlord is responsible for replacing wood rot and warped flooring in an apartment rental?

I asked the landlord to replace the floors and they said they wouldn’t until I moved from the apartment.

Morris Leo Greb
Morris Leo Greb answered on Jun 6, 2021

If there is a written lease, the obligation to repair should be governed by the terms of the lease. If no written lease, I believe since the flooring is part of the structure, the obligation to repair is on the landlord.

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: How are property taxes handled if I sell my home before the end of the tax quarter?
Morris Leo Greb
Morris Leo Greb answered on Jun 6, 2021

The property taxes are adjusted at time of settlement. The adjustment is based on a calendar year not on the the quarters are billed.

2 Answers | Asked in Real Estate Law for New Jersey on
Q: I do not wish to have an open house, can I tell the listing agent that I will not agree to that.
Morris Leo Greb
Morris Leo Greb answered on Jun 6, 2021

Yes you can set what limits you may want. The listing agent can accept them, negotiate a change, or refuse to be your listing agent.

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1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: We have a paper street between two houses in New Jersey. Township has not maintained property for 100 years .

They are now threatening to auction off the property! What are my rights? What is NJ law under these circumstances? This all came about due to request for vacation in order to build new house up to property line. Don’t we own the lot along with neighbour due to abandonment?

Morris Leo Greb
Morris Leo Greb answered on Jun 5, 2021

If the municipality is vacating the paper street, it should divide the property equally between or amongst property owners abutting the vacated portion of the paper street.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: Hi what clearance for parking besides the drive way in Elmwood Park

I have some body parking his cargo van beside my driveway I can't see any cars comes from the street

Morris Leo Greb
Morris Leo Greb answered on Jun 5, 2021

Every municipality has its own zoning and traffic ordinances. I suggest you call the municipal engineer or the planning department to discuss this issue.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a NJ Condo charge new membership fees as a result of deed transfer from me to a trust?

I transfered the title of a condo I owned in NJ to an irrevocable trust. Upon notifying the Community Association of the transfer, they advised Closing Contribution fees are due to the Community Association and Membership fees are due the Section Association because of the transfer and they... Read more »

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

The right to charge Transfer Fees are provided for in the By Laws. The By Laws description of what is a transfer is controlling. Since the By Laws were prepared by the Condo Association, any interpretation should be drawn against the drafter of the document. Hence, unless extremely clearly defined,... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Can a Landlord in NJ not renew my lease if we have a conversation and they say I'm being definsive.

My landlord said they will not renew my lease,after sending me one notice to Cease,In regards to my son smoking weed in the hallway,They then called me to the office to speak with me about another incident reported to them by the maintenance man, I stated that it was not true,so upon me responding... Read more »

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

A landlord need not give a reason for non-renewal of a lease.

2 Answers | Asked in Probate, Arbitration / Mediation Law, Civil Rights and Elder Law for New Jersey on
Q: My Aunt (now deceased-covid) had a will in 2008. The person on that will is contesting “new” will. Stating incompetent

He already took her 2 friends estates. She got angry and devised a new will. A lot of $ involved.

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

What is your question?

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2 Answers | Asked in Business Law, Civil Litigation, Contracts and Land Use & Zoning for New Jersey on
Q: What is my legality in a commercial lease building that I’m hosting events/production?

Is it legal for the owner to get in my business?

Morris Leo Greb
Morris Leo Greb answered on May 26, 2021

Your question is very unclear. In any event speak to your insurance broker for a response.

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1 Answer | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for New Jersey on
Q: In response to Morris Leo Greb, follow-up Question

Sending the certified letter you suggested would not violate the “no contact” directive of the restraining order? He won’t pay for removal, I’m sure, so can My sister take him to small claims court without violating no contact directive?

Q. When are personal effects considered... Read more »

Morris Leo Greb
Morris Leo Greb answered on May 24, 2021

I was unaware of the "No Contact" order. So file a complaint in small claims for cost of removal. You can fo this pro se. Go to www.NJCourts.gov. The Claims Division may decide not to hear the matter as the appropriate Court would be the one that issued the 'No Contact' order... Read more »

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