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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Business Law, Contracts, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Would my landlord make me personally responsible for breaking a commercial lease under an LLC?

I currently own a LLC in NJ. I signed up for a 5 year lease, I'm almost at the 3 year mark, however the business is doing very bad and I'm running out of funds. I registered the LLC as a single member, my landlord did not request a personal guarantee with my lease, and the tenants name in... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 1, 2018

It would be unwise for a lawyer to give you an opinion on a document without reading the whole document. I suggest you take your document to a lawyer to be reviewed for the answer you need.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: mother selling house in NJ with 400k gain. What's best way to avoid big taxes? reinvest? sell to me? i would sell too.

she still owes 75k (sale is about 475k). I am a joint applicant with wells fargo. she wants to move in with us as we are in process of also buying new home. she wants to give us a significant amount to add to new house but wants to avoid paying so much on taxes.

Leonard R. Boyer
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answered on May 27, 2018

The simple solution is a 1031 Exchange if your new house qualifies.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: I recently bought an apartment unit. We want to renovate the apartment and what are my right?

The property management is very rude and takes a week to answer any simple question. So, we only notified a little bit of the renovation details and they found out we are doing more. They stopped us and yelled at us to get a permit. We went to the town hall, but they said we do not need a permit... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 25, 2018

You would need to pay a lawyer to review the condominium bylaws in order for a lawyer to tell you what your rights and liabilities are. Every condo has different rules.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can my fiance get his name removed from his mortgage he has with his a exgirlfriend if she is paying the bank note?

They have been broken up for close to three years .And he hasn't lived in the house in that amount of years she has.She has been paying the mortgage on the house.My fiance doesn't want the house and told her she can have it just get my name off the mortgage on the house.She is not co... View More

Leonard R. Boyer
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answered on May 20, 2018

The only way that his name can be removed is if his ex-fiance agrees to refinance the mortgage or if he retains counsel to force a sale of the property.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My lease says no pets, will i be evicted for having one?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 20, 2018

You certainly risk being evicted for having a pet, but whether you will is up to your landlord. I suggest you talk to him and offer him an extra $100 a month which is common charge in apartment leases for having a pet due to the extra damage they do to an apartment.

1 Answer | Asked in Elder Law and Real Estate Law for New Jersey on
Q: My sister listed my parents home without their knowledge. She has no power of attorney. Is this legal?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 15, 2018

I suggest you notify the real estate agent of this fact.

2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: In NJ, deceased spouse, no will and I'm not on the deed or mortgage. If house forecloses, can the bank come after me?

My husband passed away without a will, and we live in NJ. I am not on the deed or mortgage on the house. The house is underwater and the Estate is insolvent. If I walk away from the house and let it go into foreclosure, could the bank come after me? All house bills are in his name only.

Leonard R. Boyer
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answered on May 11, 2018

Your best bet may be to file a Chapter 7 Bankruptcy, but to determine if that is the right solution, you need an in person consultation with an experienced Bankruptcy attorney.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Q: can i extend the retention period in NJ from 10 to 30 days

I lost my house in a sheriff sale. I live in NJ I am in the retention period I need more time

Leonard R. Boyer
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answered on May 11, 2018

There is no way that will happen. The lenders and Courts have no heart. But you need to file a Bankruptcy to wipe out any personal liability.

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for New Jersey on
Q: How can my bother obtain "legal ownership" of the property portion he rents out?

My brother lives in a Aguada, Puerto Rico two story dwelling, owns & lives in the first floor, rents the second floor. Half of us live in NJ, the rest in PR, but, PR claims that the 2nd floor-where my parents once resided before their death, is a "separate property" and requires... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 6, 2018

You need to ask your question on the Puerto Rico Section of Justia if it exists as you posted the question in NJ.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: What is the legal definition of investment property

I will be selling my NJ house to the tenants who live in the same house. They intend to use the house as their principal residence.

Does the transfer of this property qualify under NJ law as a transfer of investment property simply because it was rented?

What implications for the... View More

Leonard R. Boyer
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answered on May 5, 2018

No it does not qualify. It is not an investment property for the tenants or you.

2 Answers | Asked in Bankruptcy and Real Estate Law for New Jersey on
Q: Chapter 13 modification hearing postponed ! Why did I have to call the Trustee's office to find this out ?

I called the Trustee's office and spoke with one of the paralegals who told me that my Chapter 13 loan modification hearing was postponed until May 23rd, 2018. Shouldn't my lawyer have told me this ? The Trustee's office sent a email to my lawyer and he in return sent one to me... View More

Timothy Denison
Timothy Denison
answered on Apr 25, 2018

You need to seek an independent second opinion as to the status of your case before you make any decisions.

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Buing Apartment in NJ with tenant in place.

I am trying to buy an condo in NJ with tenant in place. Tenant has a lease till Aug 2018. If tenant is not paying rent can we evict them out? I have seen some tenant in some place where its impossible to evict them, why is that? What are the points I should add to my contract to make sure I am not... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 13, 2018

You ask a lot of questions and many of them are involved and vary from town to town as some towns have rules in regards to rent regulations. I suggest you setup a 1/2 to 1 hour consultation with a lawyer to discuss what is needed. Of course a lawyer will charge you his hourly rate for the advise... View More

1 Answer | Asked in Municipal Law and Real Estate Law for New Jersey on
Q: May one convert a front lawn into a second "driveway" thereby causing loss of parking on the street to others ?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 13, 2018

Maybe much depends on the township rules unless it is a state or county road, then you have to contend with them also.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I own a duplex under under a one family deed withmy bro he has moved and wants to sell as a condo can I put up a fence?

He has told me he can sell his half as a condo, but I was a mortgage processor and has basic knowledge. I do not want my yard as commom space. I have 2 large dogs and would like a fence for safety purposes as well as privacy, can I legally do this?

Paul J. Riviere
Paul J. Riviere
answered on Apr 13, 2018

First it needs to be converted to a condo. A survey is done to define the private and common areas, set designated parking spaces and storage areas for each owner. A master deed and by-laws must be drawn up and recorded. These are legal documents prepared by an experienced real estate lawyer. The... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Is a document that was supposed to be notarized at the time of signature (but was not) still legally valid?

A legal document was drafted by one party who was in a 50/50 Tenants-in-common real estate arrangement. The document was presented to the other party, who at the time was an elderly person with terminal cancer and on heavy opioid painkillers. She was told to sign the document. And as mentioned... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 11, 2018

Maybe a lawyer would need to review the document, of course they will charge you to do this. The bigger problem was that the person was on pain killers and may not be of sound mind or body.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Property (water pipes & heating) damages caused by lending company whom are trying to foreclose. What can we do

Our mother passed away and, the lender took over ownership (vacant home) as we began to submit legal documentation granting us ownership. They then hired another company to winterize the home. When we regained ownership (2 months later) we found the winterizing went all wrong. Company forgot to... View More

Leonard R. Boyer
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answered on Apr 9, 2018

Your situation requires an in person consultation with both an experienced mortgage foreclosure defense attorney and a civil litigation attorney. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court... View More

3 Answers | Asked in Divorce, Family Law and Real Estate Law for New Jersey on
Q: Can I buy a house and have my wife sign something that says she will claim no part of it ?

She owns her current house. I have no stake in that. Is there a form a lawyer can draft and she could sign so that if I buy my own house she can't claim she owns it since we are still legally married ?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 7, 2018

Yes you can have an agreement for such, but 1) you will need a lawyer to draft it for you, and 2) it must be fair in its terms and the several other rules should be followed to give you the best chance to have the agreement to be enforceable. However remember nothing in life is 100% certain so... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: My tenants lease expires July 31st. She's been a delinquent tenant by never paying on time. Do I have to offer a renewal

DO I have to offer her another yearly lease? Or is she placed on month to month? Or can I just terminate the lease and force her to move out by the end date of the lease?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 4, 2018

Maybe, you need to check with your township as each town has different as some have rent control.

2 Answers | Asked in Real Estate Law and Probate for New Jersey on
Q: Several years ago, my brother inherited a condo in New Jersey that a close friend had left to him in her will.

Her estate went through probate and the executor confirmed transfer of the condo to my brother. There was no mortgage, but he has paid the HOA dues and property taxes each month since her death. He has not paid inheritance tax or requested a tax waiver from the county in which the property is... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 3, 2018

More information is needed to determine what to do, but he needs both a good lawyer and good accountant.

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1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: How to get someone off of a mortgage/deed that wants off and is not on the note?

My wife and I bought our house with her brother in 2009. He then got married and was buying a house so my wife and I had to refi which we did in 2013. Now we come to find out when we were foreclosed on recently he received the legal papers as well b/c he's still on the mortgage documents.... View More

Leonard R. Boyer
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answered on Mar 27, 2018

Your situation is not something that can be answered in this forum. You need an in person consultation. You need to retain experienced mortgage foreclosure defense counsel. Only a mortgage foreclosure defense attorney has the expertise to prevent you from having more problems than you can possibly... View More

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