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New Jersey Real Estate Law Questions & Answers
2 Answers | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New Jersey on
Q: Good evening I trust you and your's are all well please advise to where I can Foreclosure Case Law for Oral Arguments

Im looking for Specific information on Chase Bank & Select Portfolio Servicers that pertains to Wrongful Foreclosure Practices

Derek John Soltis
Derek John Soltis
answered on Apr 27, 2020

If you are in GA, you need to talk to a GA attorney about current case law. Most info you find online is out of date and not current case law.

If you think you can win without an attorney, you sound like someone that thinks they can perform their own appendectomy without a doctor....
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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Im an 18 years old female, can I claim my part in my fathers property? And what good would that do?

My father is trying to kick me out of the house because he wants to divorce my mom and bring in another woman. I want to stop him from potentially letting that woman take all of the property before hand.

Richard Diamond
Richard Diamond
answered on Apr 23, 2020

The short answer is you have no equity rights in your parents home. The longer answer is that this is a fight between your mother and your father over assets, support, etc as part of their divorce. Your father has NO right to kick your mother out of her home and she needs to meet with a divorce... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: My previous lease had a 60-day moveout provision. Am I obligated to sign a new 1-year lease without this provision?

My existing lease had a provision where I could move out with 60 days notice. The lease expired 6 months ago with no comment and I have continued living in the house and paying my rent on time. Now my landlord is asking me to sign a new 1-year lease with no provision for moving out with 60 days... View More

Derek John Soltis
Derek John Soltis
answered on Apr 22, 2020

You can continue to live in the apartment month-to-month, however, the landlord may eventually move for eviction for your failure to sign a new lease. Or you can negotiate with your landlord for that provision.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: How many day’s does a month to month tenant have before they have to move out? I have no written lease only verbal.

And with the pandemic going on what does the law say about that?

Derek John Soltis
Derek John Soltis
answered on Apr 16, 2020

Month to month is just that. When you give notice a month in advance, you move out at the end of the time when you said you were going to move.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: what's NJ's initial tax authorization notice? I didn't as for escrow account for property tax or proper insurance.

what's NJ's initial tax authorization notice? I didn't ask for escrow account for property tax or proper insurance.

Leonard R. Boyer
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answered on Apr 12, 2020

Use of initial tax authorization notice (a) An Initial Tax Authorization Notice (ME-1) shall be used by all mortgagees, servicing organizations, or property tax processing organizations establishing or maintaining mortgage escrow accounts as the initial authorization by a mortgagor to the tax. You... View More

4 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New Jersey on
Q: My grandmother co-signed a house in NJ now it's in foreclosure. She is 84 lives in FL only social security. Advise?

The main signer filed chapter 13 last year. He fell behind now bankruptcy case is voided. He will get wages garnished. My concern is to protect my grandmother. With her living in florida I'm not sure where to start .

Karra Kingston
Karra Kingston
answered on Mar 31, 2020

I’m not really sure if your grandmother is trying to save her one or not. I would need more information I would suggest contacting a Bankruptcy lawyer in Florida where your grandmother lives.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can I be forced out of my apartment now? I received a letter of termination by April 30 on my month to month lease.

There is non reason in the termination letter except than “pursuant to 2A 18-56”.

Ivan Raevski
Ivan Raevski
answered on Mar 19, 2020

at this point all evictions are suspended by order of Gov Murphy. It remains to be seen what happens in the future as the coronavirus pandemic unfolds

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Does a subpoena need to be refiled if there's a clerical error?

I was served a subpoena to give testimony at a deposition. I am a NJ resident but the subpoena was filed in Florida (United States District Court for Southern District of Florida). It's in regard to a timeshare exit company we used. The address of the meeting place for the deposition is... View More

Leonard R. Boyer
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answered on Mar 14, 2020

No, it does not, that is called a scrivener's error. The doctrine of a "scrivener's error" is the legal principle that a map-drafting or typographical error in a written contract may be corrected by oral evidence if the evidence is clear, convincing, and precise. So it is valid as is.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Hi can i cross a written annotation on a deed in front of the clerk and have it recorded with the changes?

we are 2 non married people listed a deed for a condominium purchased in Hudson County, NJ in 2003.

At the signature the lawyer added after the names "as joint tenancy with rights of survivorship" We would like to remove this annotation to keep the property listed on the deed as... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 12, 2020

The better practice would be to have a new deed prepared with you both named as grantors (sellers) and grantees (buyer) using your desired name or relationship. You must also have a deed recording sheet, and a

completed GIT/REP3 form attached. The necessary forms may be obtained on line...
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1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: My father sold a lot in NJ in 2004. He died in 2008. In 2016 the buyer found the lot was contaminated. They buyer is su

suing the estate saying liability carries over to the estate. The property was never in the estate as it was sold prior to his death. Can they sue for clean up? I understood the liability for my father stopped when he died. The buyer never did due diligence when buying the lot and cannot claim as... View More

Nina Whitehurst
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answered on Mar 5, 2020

You will need to have a real estate attorney review the 2004 sale documents and the documentation regarding the alleged contamination to provide an opinion as to whether the buyer has a claim or not. The real estate attorney can then assist your probate attorney with either paying or negotiating... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My boyfriend and I both have our names on the notice of settlement, but only my boyfriend name is showing on the deed?

In New Jersey.

Ivan Raevski
Ivan Raevski
answered on Mar 4, 2020

If your name is not on the deed you would not be considered a part owner of the property unless you are married.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My house has been foreclosed and my husband is not on the mortgage but he is listed on the deed.

He is trying to get another mortgage in nj and I was wondering since it’s not hitting his credit will being on the deed effect him? And if so is there anything he can do like quitclaim after the fact? Any suggestions thank you

Leonard R. Boyer
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answered on Feb 28, 2020

When a foreclosure complaint is filed, any one who either owns a property, or who has a potential equitable interest in the property, will be listed on the foreclosure complaint. A quitclaim deed is not worth the paper it is printed on and will not change anything. What is on his credit report is... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I own a house with my sister and im just finding out that she re mortgaged and I DIDN'T SIGHN ANY PAPER WORK

So im wondering if two parties own a house can one re-mortgage without the other consent and signature?

AND if so shouldn't the mortgage company spotted this

Vincent Gallo
Vincent Gallo
answered on Feb 23, 2020

From what you stated, someone forged your signature.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: can i add someone on my house deed without needing a lawyer? can i file the papers myself in cape may county?

(not really sure what category this goes in, so i put contracts, or real estate?)

Vincent Gallo
Vincent Gallo
answered on Feb 23, 2020

Sure you can, if you are confident that you know how to correctly and completely execute on the task.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: My parents are selling their home & attorney review just ended. Is there a way to break the contract legally?

They were approached by a former interested party, before house was put on the market, that they have cash for the sale of the house. The person is a builder & will rip their house down to rebuild. My parents are out of attorney review by 1 day so far with another buyer is there a way to... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 8, 2020

Maybe an attorney would need to review the contract. Hopefully you have one so ask him as we don't know your contract.

1 Answer | Asked in Tax Law and Real Estate Law for New Jersey on
Q: What kind of year-end statement is needed for rental income?

I receive rental income from a property to which I am one of the heirs. Another one of the heirs is acting as the administrator and sends me the money (check) every quarter. She only sends handwritten notes of how much each heir received. What type of statement can she prepare to send us so that we... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Feb 1, 2020

You probably have either a trust/estate or a partnership. So you should be receiving a k-1 from either a 1041 or a 1065.

You should get that looked at since not filing properly can create a lot of penalties.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: can I close on my moms home without a tax waiver. estate was left to her 3 children plus 28,500 goes to a class D

The 28,500 is for a person that purchased a co-op then moved out and left the house(co-op) to my mom. Years later asked for her deposit back. My mom changed her will to leave her the money. 2 questions. Can we close without a Tax Waiver and how much effort do we need to put into finding the... View More

Noel Rivers
Noel Rivers
answered on Jan 21, 2020

The short answer is that the tax waiver will be required. Based on the fact that $28,500 is passing to a class D beneficiary, you cannot file an NJ Form L-9 – Affidavit for Real Property Tax Waiver. Instead, you must file an inheritance tax return and upon its completion, you will receive a tax... View More

1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Q: One (of 5 siblings) live in their parents house in NJ for past decade. Both parents die, who gets the house? No will.

A woman is one of five children. She lived with her elderly mother and stepfather for the last 10 years. Her stepfather dies. The house and all assets go to his wife. Then his wife dies. The woman who has lived in the house for the last ten years has paid bills, remodeled and paid taxes on her... View More

Nina Whitehurst
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answered on Jan 15, 2020

When a person dies without a will, the property the decedent owned is distributed through a process called probate to the decedent's heirs according to the states laws of intestate succession. If the decedent had surviving children but no surviving spouse, which sounds like the case here, the... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New Jersey on
Q: What is process to remove a commercial-lease holdover tenant in NJ? Tenant vanished, stuff is in garage. Context below

I manage a multi-unit property in NJ and we have a tenant (contractor, a corporation) who rents a storage garage on the property. Landlord is an LLC owned by a family member. There was a commercial lease that ran for one year and expired in May 2019. Tenant did not renew, landlord continued... View More

Paul J. Riviere
Paul J. Riviere
answered on Dec 20, 2019

You will need an attorney to help you file a summary dispossession complaint in the Special Civil Part - Landlord /Tenant section - in the county in which the premises are located. This is the proper legal way to remove the current the tenant without resorting to self help.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: new homeowner, should i get a realtor to execute a lease or execute on my own for tenant? Help

first time homeowner in essex county

Peter A. Michael
Peter A. Michael
answered on Dec 17, 2019

I would not get a realtor to help you draft a good lease for your new rental property. It is in my opinion that you consult with a qualified attorney whom has experience with Landlord-Tenant issues, so they may draft you a lease that is good for your needs! Best of luck!

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