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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New Jersey on
Q: If a Real Estate Contract states a closing date on or before Oct. 15th, how many days can it be extended to?

The Real Estate Contract is for property in New York State.

Leonard R. Boyer
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answered on Dec 8, 2018

That depends on what the parties to the contract are willing to agree to. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.

2 Answers | Asked in Contracts, Real Estate Law and Probate for New Jersey on
Q: Can someone advise on the best strategies and contract structure for flip/rehab investors in NJ?
Leonard R. Boyer
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answered on Nov 24, 2018

Your situation requires an in person consultation with an experienced civil litigation and contract attorney. You need to set up the right corporate structure and discuss far too many things then can be mentioned here. There is a right way to do this, that will protect you and your company from... View More

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1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: My home sold to third party in Nov 2018 at Sheriff sale. When do the new owners get the deed. They put down 44% at sale.

My home was foreclosed in Aug 2018 then sold to Third Party at Sheriff sale in November 2018. When do the new owners take over the deed. I have moved out and turned utilities off in my name. I filed bankrupty and it was discharged back in Jan so not liable for money owed on house.

I simply... View More

Leonard R. Boyer
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answered on Nov 24, 2018

There is no lien released by just filing bankruptcy and not certain what lien you are talking about.

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: Looking for attorney in New Jersey who has experience recovering surplus funds from sheriff/foreclosure sales. Help?

House sold in Jackson, NJ @ foreclosure/sheriff sale. Purchaser paid more than what was owed to the bank. Approx 40k was sent to the Superior Court Trust Fund. Need an attorney who can help file a motion for the surplus funds pursuant to Court Rules 4:64-3 & 4:57-2.

Derek John Soltis
Derek John Soltis
answered on Nov 20, 2018

If you contact any attorney in NJ that handles Foreclosure defense they will be able to handle these types of issues.

1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for New Jersey on
Q: Hello, I'd like to know if there are any sliding scale legal services I can use if I do not qualify for legal aid?

I'm being sued for not submitting a written notice of move out at the end of my lease. Any information on sliding scale or income adjusted legal services/representation specializing in landlord/tenant cases would be very much appreciated! Thank you.

Leonard R. Boyer
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answered on Nov 10, 2018

Different attorneys have different fees. You get what you pay for. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: If I bought a house with a TAX Abatement that was not disclosed, and recently ended. am I entitled to anything?

I bought a house in 2017, and was not told about an 80% Tax Abatement about the property that ended at the beginning of 2018. Now my mortgage and tax rates have tripled, and I can no longer afford payments. Am I entitled to anything?

Neither our lawyer, the sellers, the Title Company,... View More

Leonard R. Boyer
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answered on Nov 4, 2018

Your situation is extremely unusual. Why was there a tax abatement in the first place? Tax abatement programs reduce or eliminate the amount of property tax owners pay on new construction, rehabilitation and/or major improvements. They won't completely eliminate your property tax bill -... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Is NJ Real Estate Contract voidable and who gets EMD?

Buyer and seller agreed in contract to a cash closing deal. Date came and there was no closing scheduled. Sellers agent acknowledged they didn’t schedule due to not being sure if buyer was ready to close. Buyers agent expected to close on agreed date. Buyer decides they don’t want to continue... View More

Vincent Gallo
Vincent Gallo
answered on Oct 27, 2018

The answers to your question should be contained in, and governed by, the language in your contract. Have your attorney carefully scrutinize the contract for you and advise you accordingly.

1 Answer | Asked in Foreclosure, Real Estate Law and Banking for New Jersey on
Q: house going to Sherriff sale. NOT short sale. Arm's length applies to short sale. Does it apply to Sherriff sale in NJ

While buying it at auction myself might cause the bank to go after balance deficiency, since it is a public auction there should be no legal reason my father can't bid and if he wins the high bid sell me the house at 1 dollar. Again much different from the short sale where I am coordinating... View More

Leonard R. Boyer
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answered on Oct 17, 2018

There is no way of knowing who will win the sheriff sale. This is very different from an auction. If it was a short sale, you do not control anything, the lender does and statistically most short sales fail.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: In the state of NJ ,is the mortgagee responsible for paying delinquent fees on a foreclosed house?If so, for how long?
Leonard R. Boyer
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answered on Oct 22, 2018

More information is required to answer your questions. Depending on your overall financial situation, Bankruptcy may be right for you. An experienced FL Bankruptcy attorney will be able to determine which type of Bankruptcy is the correct one for you. Good luck. THIS IS NOT LEGAL ADVICE! YOU... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I have recently bought a property from a sheriff auction. Found out that the son of the former owner lives there.

He isn't a tenant and he isn't a former owner. Need to make sure which writ of possession do I need to file and what is the difference. There is the write of possession in a foreclosure case. And a writ of possession for an illegal occupant. Also how long does this process take? I have to... View More

Leonard R. Boyer
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answered on Oct 16, 2018

Any time, prior to purchasing a foreclosure, you need to retain an experienced mortgage foreclosure attorney, who will have the expertise to help you avoid problems with foreclosed properties, which can have devastating financial consequences for the uneducated and unprepared. Now you need to... View More

2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: I inherited house upon dads death. Cousin was staying there as she lost her home. Can I evict?

she has not paid anything for over a year for water, taxes etc. The home has gone to me and my brother and we have given her several changes to leave or pay a fair monthly amount. She ignores everything. It is actually costing me money for her to live there. I am a single mother and recently... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 10, 2018

Sure, but I suggest that you hire a lawyer to handle the eviction process.

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1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: can landlords put interest on late charges? I got charged 40 every month even though it was on time. for that 1 time.

I got one late fee and for every month I didn't pay it they added 40. then they took money from my rent pymnt to pay late charges which made be get more late charges and unpaid rent. then tried to evict. Is that okay?

Jubilo Lopes Afonso
Jubilo Lopes Afonso
answered on Oct 16, 2018

Do you have a lease which allows him to charge you late fees as additional rent? If you do, then it is considered rent, and every month you haven't paid it, it could be considered late. If you don't have a lease or it doesn't state that the late fees are considered rent, then he... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I was wondering if Wholesaling real estate is legal in New Jersey without a Real Estate license?

I want to stay legal in all areas of wholesaling real estate in NJ. I've heard conflicting information and was hoping to get some solid information, so I can know how to proceed with this new venture of mine. Thank you!

Leonard R. Boyer
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answered on Oct 7, 2018

Wholesaling does not require a real estate license. A license is not required to buy or sell any property that you have an equitable interest in. That interest can be a contractual interest (you have the property under contract) or you actually own or have title to the property. However, you should... View More

2 Answers | Asked in Contracts, Landlord - Tenant and Real Estate Law for New Jersey on
Q: My sister died. She had a security deposit of $1600. The landlord says she broke the lease and he will be keeping it.

The reasons is lost revenue from the lease. I met the neighbor who said he wants to move his father into my sister old apartment. If that is the case I don't think landlord would be able to claim lost revenue.

Landlord offered $500 as a consolation. Do I take it? Not? Do I fight this?

Leonard R. Boyer
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answered on Oct 7, 2018

Retain an experienced landlord tenant attorney and fight this.

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1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for New Jersey on
Q: what is procedure to file this type of motion

for the past 3-4 years I have been involved in a mortgage scheme where as the title and mortgage company falsely put a hospice bill lien on my mortgage and have been covering up for the Sr. loan officer who got scared and took off. Management has been lying for him while I became disabled from... View More

Leonard R. Boyer
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answered on Oct 7, 2018

Your situation can only be figured out with an in person consultation and document review. Your situation has too many moving parts and variables to provide an online answer that could be helpful.

2 Answers | Asked in Criminal Law, Family Law, Real Estate Law and Landlord - Tenant for New Jersey on
Q: my mother whom i pay rent kicked me out and changed locks and now trashed all my belongings. what do i do?

i have been trying to make arrangements with her for a month now to come get my things but was just told everything has been moved/thrown out. now i am homeless with my son.

Adam Brown
Adam Brown
answered on Oct 4, 2018

How old are you?

Sounds like you need an emergent order to re-enter. Go to the court immediately.

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2 Answers | Asked in Contracts and Real Estate Law for New Jersey on
Q: Am I bound to pay back a security deposit outlined in a promissory note I signed if I don’t end up signing the lease?

Am I bound to pay back a security deposit in a promissory note I signed if I don’t end up signing the lease? I was in contact with the previous renter (he was the one who posted the online ad, as he was leaving his lease early) regarding application materials (he cc’d the apartment’s leasing... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 29, 2018

Maybe a lawyer would need to read the documents before giving you an answer.

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2 Answers | Asked in Contracts and Real Estate Law for New Jersey on
Q: if I have a month to month rental agreement with a Tennent can I raise their rent or tell them I am ending the agreement

by giving a I month notice

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 28, 2018

Maybe check with your town, some towns in NJ do not allow lease terminations without specific reasons.

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1 Answer | Asked in Consumer Law, Products Liability, Real Estate Law and Banking for New Jersey on
Q: I am a Notary in NJ. Am I allowed to be a witness on a document I am notarizing?
William N. Sosis
William N. Sosis
answered on Oct 11, 2018

No. Notaries can't notarize their own signature. You might also want to read this: https://www.state.nj.us/treasury/revenue/pdf/NotaryFAQ.pdf

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a name be transferred on a home deed without the other party’s consent?

My then boyfriend and I bought a home in June 2018. In August 2018 he decided he doesn’t want to be with me anymore. We are joint tenants on the mortgage, and both names are onthe deed. He has threatened to sign his half of the deed over to his new (ex girlfriend). I have had free consults about... View More

Leonard R. Boyer
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answered on Sep 16, 2018

The deed has to be examined by an experienced real estate/litigation attorney. Depending on the deed's wording, he can convey his interest to whoever he wants. But that would create a major problem, by triggering the mortgage's "Due on Sale Clause". So you would have a very... View More

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