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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New Jersey on
Q: Approximate cost of legal services in nj to handle the sale of home if I sold my own home
Morris Leo Greb
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Morris Leo Greb
answered on Dec 5, 2022

The fee for my legal services is $950.00. There are also some disbursements that you will be required to pay such as a document preparation fee, cancellation/discharge fee for each mortgage you may have mortgage that exits if any, fee to municipality for smoke detector fee, if required by... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Probate for New Jersey on
Q: I want to present the NJ Law on Adm'n of Estates for Reprobate in the Philippines. Where can I get an official copy?

The Philippine law on evidence requires an authenticated copy of the said law to be presented in court as proof of said foreign law. I am wondering how to obtain said official copy. Is it enough to print it myself and have the same Apostilled before the NJ Dept of Treasury, or is there a proper... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Dec 5, 2022

Either from Justia.com or Thomas Reuters that owns Westlaw. West Publishing is located in Eagan, Minnesota.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: Who owns/has rights to a paper street if the township has not developed it for more than 50 years? What rights do we hav

A builder has bought lots behind the two front abutting properties for residential development. The builder asked the two abutting property owners to vacate or sign his lawyer's legal paperwork ceding their portions of the paper street to him. The builder can access the property for... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Nov 30, 2022

Anyone may improve the road subject to municipal requirements as the municipal 'owns' the right of way. If an application to vacate the private road, one half goes to each property that abuts the right of way. It would be worthwhile speaking to the municipal engineer to determine whether... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for New Jersey on
Q: My mortgage company (with escrow) did not pay my property taxes and property was sold at tax sale. What is my recourse?

My original loan provided paid taxes on both lots listed on the deed. A third party then bought my loan and in the escrow account they only paid taxes on one of the lots on my property. The other lot went unpaid for a year and then was sold at a tax sale.

I understand I have a redemption... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Nov 23, 2022

Speak to a real estate attorney to discuss what action you might pursue.

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1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: What happen when an initial deed is showered in April 84 and records show it was assigned in May 1984 .

Both companies are no longer around to show what happen to that assignment . However in 1986 a mortgage is showed and discharged with another company that’s no longer around. Reached out to company that it merged with and they have no record of the property. Through research all patterns show... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Nov 22, 2022

Speak to a real estate attorney. There is a statutory provision to resolve this issue.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New Jersey on
Q: Joint Tenancy between Parent & Child Parent dies Will has Child as Executor; Beneficiary 100%.Does will need Probate?

Parent and Child is on the Deed . Parent dies and left Will with Child as Executor and 100 Beneficiary. Is there any reason the Will would have to be probated ? Doesn’t the survivor assumes 100 percent of the property is Deeded to both?

Leonard R. Boyer
Leonard R. Boyer
answered on Nov 25, 2022

There is no way to avoid probate and you will have to have a new deed recorded. Whether or not there is a mortgage may raise additional issues. You really need to have a virtual or in-person consultation with an experienced attorney. Good luck.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New Jersey on
Q: Joint Tenancy between Parent & Child Parent dies Will has Child as Executor; Beneficiary 100%.Does will need Probate?

Parent and Child is on the Deed . Parent dies and left Will with Child as Executor and 100 Beneficiary. Is there any reason the Will would have to be probated ? Doesn’t the survivor assumes 100 percent of the property is Deeded to both?

Morris Leo Greb
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Morris Leo Greb
answered on Nov 21, 2022

Yes!

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: How can land be removed from the farmland preservation program in NJ. Can we sue? What are reasons to have it removed
Leonard R. Boyer
Leonard R. Boyer
answered on Nov 17, 2022

You are going to need to find a real estate litigation attorney, who specifically practices in that area of law. Use Justia to search for an appropriate attorney. Good luck.

2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: What happens if I die to the ownership of house?

My father wants to have my family (my spouse, 2 children and myself move into his home). We would sell our own home. He stated he will be adding my name to the deed. Not sure if it would be sole survivorship. In either situation, what would happen if I passed away? Would my children and spouse get... Read more »

Matthew Schutz
Matthew Schutz
answered on Nov 12, 2022

The answer to your question depends on the interest that you will be getting in the new deed that your father is preparing. If the deed is a joint tenancy with the right of survivorship, then assuming you survive your father, you will get the entire property. If it is a tenancy in common, then you... Read more »

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0 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for New Jersey on
Q: Can a new owner of a mobile home park bill me for a septic back up when they put a new home on tank with 3 homes already

1 septic tank. I've live here 38 yrs never did it back up until the new home was added now the park sent me a bill 350 $after I unplugged my end .was told they snaked from tank to my hookup but never unclog the drain assuming it was clear via their phone message I used it while still clogged... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: The deed on the house lists 4 owners. To take a home equity loan on the house do all owners need to sign off on it?

The person who borrowed has died. Does the loan get paid from her assets or from the sale price of the house?

Morris Leo Greb
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Morris Leo Greb
answered on Nov 4, 2022

Yes, all parties with an interest need to sign the mortgage. However, only those who sign the note are obligated to repay the loan. In the event of nonpayment, all who signed the mortgae will be named as defendants.

1 Answer | Asked in Divorce, Real Estate Law, Domestic Violence and Libel & Slander for New Jersey on
Q: In New Jersey, if a two people buy a house together, how is the ownership divided if contributions were not equal?

In this scenario, the people in question got divorced before the house was purchased, however they lied on their bank application when getting the loan, and said they were still married.

Now the ex wife who has contributed only a portion of the initial downpayment and no mortgage payments... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Oct 19, 2022

Since you were not married when you purchased the property, you are tenants in common. If the deed does not mention the specific ownership interest of each party, you each have a 50% interest in the property.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: In NJ, I live in a HOA condo association. The board members built a play area in a designated floor area.

And send an email stating all kids/adults can play baseball. This is a breach of contract that states this is a private residence with a no annoyance rule. A class-action suit is being actioned. Who can take this case?

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Oct 17, 2022

Anyone who owns an interest in the Association can file suit. There are specific requirements to file a class action suit. However, a number of owners can file as plaintiffs.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: Who is responsible for retaining wall in nj?

My neighbors property is about 10 ft above my level and the retaining wall is falling off. They want me to help pay for its repair.

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 26, 2022

The owner of the property on which the retaining wall is located. The exact position of the wall should be shown on the survey of the property. Any questions about the construction should be addressed to the municipal building inspector.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: Is the executor of a Real Estate Trust required to act quickly in selling the home? Should they notify us along the way?

Real Estate trust in NJ

What is the timeframe to sell? Should we be notified of the listing of home or price?

Morris Leo Greb
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Morris Leo Greb
answered on Sep 23, 2022

The executor has time to sell the property when the executor feels it is the best time for the benefit of the Estate.

1 Answer | Asked in Real Estate Law and Contracts for New Jersey on
Q: Dvlp contracted my house cash as-is. 5 mo later ( buyer delays), just sent email, no financing, can i keep deposit?

Cost us over $100,000, continued property tax and maintenance and change of market due to rising interest rates. Kept telling us town issues, NOT, other issues, not ours. Talking about finally closing in a week , then Monday got a text saying the deal was over as he couldn’t get financing. It... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 20, 2022

Yes, but I suggest you write to contract purchaser that you are declaring that the buyer has violated the terms of the contract. Further, you are keeping the deposit in satisfaction of the losses you have suffered by buyers' failure to perform.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Closing on a house but seller can't vacate. An occupancy agreement was suggested. Should we tell our mortgage lender?
Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 10, 2022

I believe allowing a seller to remain in the premises after closing is a very bad idea. If the Seller can not meet the closing date, postpone the closing. Provide in the postponement that Seller shall reimburse you for any costs you may be subject to as a result of Seller's inability to meet... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a person who pays his federal and state taxes in Florida be on a board of trustee in a NJ HOA

I should mention t in the state of Florida

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 3, 2022

If you meet the qualification requirements of the organic documents set forth the HOA documents, you may be a member of the Board if Directors,

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Does NJ state have a law requiring sellers to provide a surveyor report to buyer/mortgage company during a home sale?
Matthew Schutz
Matthew Schutz
answered on Aug 15, 2022

The short answer is no. It may be that your bank or mortgage company requires a survey in order for them to complete the application evaluation process and to ensure that there are no encroachments on the property that would affect their lien.

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1 Answer | Asked in Divorce, Family Law, Foreclosure and Real Estate Law for New Jersey on
Q: I was awarded my home in the divorce. I had 60 days to refinance the balance on the mortgage. My ex was to facilitate

That 60 was extended indefinitely until I could close. He signed that agreement. He now sold home to an investor who has been harassing me to get out. Ex got a Judge to agree to throw me out a 66 year old severely disabled person. no eviction/ejection or any requests to vacate have been properly... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Aug 20, 2022

Due to your financial problems, contact New Jersey Legal Services for an attorney.

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