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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: What does a zoning enforcement officer, fire prevention officer and housing enforcement officer look for in inspection?

I have owned a house for about 3 years now. The property is about 60 years old. It is a 2 family with finished basement. Basement is vacant.

I just received a letter that zoning department, fire prevention unit and housing enforcement unit wants to see my house. What exactly will they... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 26, 2018

In general they look for criminal and civil violations of both municipal ordinances and state regulations and laws. If a violation is found you will be given either notice to correct or a summons to appear in court.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: My house is paid off and now want to buy a forclosure house but my current house has not been sold yet what can I do?
Leonard R. Boyer
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answered on Mar 24, 2018

Any time, prior to purchasing a foreclosure, you need to retain an experienced mortgage foreclosure defense 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.

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: What are some things I need to know when selling a property internationally?

Property is located in Nurnberg Germany. I am located in New Jersey.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 23, 2018

Best to ask your accountant because it all starts and is about taxes.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for New Jersey on
Q: My condo 4 sale, now leak from upstairs unit. Can they b held liable 4 no sales due to damaged wall + plumbing issue?

North bergen, NJ

H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 22, 2018

Maybe, but Either your upstairs neighbor or condo board would be responsible for the damage depending on where the leak originated.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Will a NJ tax Lien show up on a PA Title search if i currently have a NJ address moving to PA?
Leonard R. Boyer
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answered on Mar 10, 2018

Your NJ tax lien is not going to go away until it is paid. A title search pertains to a property, so you would have to ask a PA attorney what will show up on a PA title search.

2 Answers | Asked in Real Estate Law for New Jersey on
Q: i am buying a house in pennsylvania but currently living in New Jersey. What state is the title search done on?

When doing a title search for me will they search in New Jersey based upon my NJ address, or use my NJ address to see if i have liens in Penn?

Vincent Gallo
Vincent Gallo
answered on Mar 10, 2018

The search will typically be conducted in the county where the real estate is located except if your lender for example suspects something and wants to look elsewhere for something.

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1 Answer | Asked in Foreclosure, Real Estate Law and Probate for New Jersey on
Q: My deceased sister's house is up for Auction.

Filed but now dismissed. I am the only heir. If I get administrator from surrogate

Court - can I then stop the auction this is in Union county NJ b

Derek John Soltis
Derek John Soltis
answered on Mar 5, 2018

You will need to move quickly. As of 2014, the Consumer Financial Protection Bureau has a rule that makes it easier for anyone who inherits a home to get on the mortgage and qualify to make payments. Federal law also prohibits lenders from requiring the loan to be paid in full whenever a mortgage... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I am selling my home and closing is supposed to be feb 28. my lawyers paralegal tried telling me today to not attend

she told me basically to sign over POA to the lawyer....sorry but she has been the main contact and i am very unhappy so no i wont sign POA and I am attending to collect my money...she even tried saying since I am using them for the house I am also buying they usually keep the money til after that... View More

Jonathan Herron
Jonathan Herron
answered on Mar 26, 2018

Typically this will depend on the terms of the contract you have with both your buyer and your attorney. The contract can direct how funds are to be dispersed.

1 Answer | Asked in Car Accidents, Products Liability, Real Estate Law and Construction Law for New Jersey on
Q: Someone crashed their car into the side of our house — can we sue the driver or drivers auto insurance ?

Side of our house needs new siding, our home is historic- they destroyed an historic well on our property, new landscaping needs to be done. We have stress cracks in the inside where the car hit the outside of the house

Peter N. Munsing
Peter N. Munsing
answered on Mar 26, 2018

Get an estimate for restoring the well using the origninal materials. Run it through your homeowners they will go after the guy, get back your deductible is the easiest way. Make a calim against him. Questions? Contact a member of the NJ Assn for Justice.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Ex-tenant left no mailing address to send security deposit refund. What is my obligation?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 18, 2018

You can try mailing them the security deposit to the old address and most likely they left a forwarding order. If not at least you will have proof you tried, otherwise you probably have to give it to the State of NJ as un claimed funds, it is not your money to keep.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: My NJ tenant moved out 12/1 I'm ready to mail sec dep refund but she has not given me her new address in CO Can I keep?

Is there a statue of limitations on the length of time it takes her to give me her new address before I can keep the deposit?

Jonathan Herron
Jonathan Herron
answered on Mar 26, 2018

You would be unable to keep the deposit. The money is not yours. There are procedures to turn the money over to the State of New Jersey as unclaimed funds. It is important to follow those procedures properly. Not handling a security deposit properly can lead to your former tenant having grounds... View More

1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: deed is under uncle's name until I pay off mortgage. Can he claim a loss of investment? it is listed as his 2nd home..

Uncle has his broker's license and until I pay off the house the deed is in his name. Can he claim any losses on the house even the the deed has the house listed as his 2nd home?

Leonard R. Boyer
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answered on Feb 10, 2018

There is an insufficient factual basis to answer your question, so please rewrite it and provide more details.

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: How can I find cases on the coversion of equity doctrine?
William N. Sosis
William N. Sosis
answered on Jan 31, 2018

You probably don't have access to LexisNexis or WestLaw so try https://scholar.google.com. Click on the "Case Law" and "New Jersey courts" radial buttons. Search for "doctrine of equitable conversion" OR "equitable conversion doctrine". After hitting... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Can I sue

Signed a lease 2 months prior to moving in wasn’t able to see the place until the day before moving in multiple issues wrong heat and hot water was advertised to be free heat was not warming the whole apartment new system installed which now runs our electric bill up bathroom needed to be... View More

William N. Sosis
William N. Sosis
answered on Jan 30, 2018

Yes, you can sue if you can properly allege fraud. Residential Landlords are running a business like any other business. If they engage in any deceptive and fraudulent practices with a tenant they can be held liable under the consumer fraud act. You'll need an attorney experienced in... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Heat wasn't working for 3 weeks. Mean time room heater used,electricity bill is 350$. I should get partial help in bill

My usual electricity bill is 150$. So 200$ I am looking from owner.

I am pregnant, my parents are coming for 6 months visit. Owner was informed of it earlier but she says it was assumed for few weeks. There is no guest policy in our rental agreement. We understand per USA policy asking for... View More

William N. Sosis
William N. Sosis
answered on Jan 30, 2018

Start with getting an attorney to write a letter on your behalf. This often fixes problems without having to go to court.

1 Answer | Asked in Estate Planning, Real Estate Law and Municipal Law for New Jersey on
Q: I transferred a NJ condo into my LLC without proper dissolution. cant undo cancellation of LLC says NJ. Help!

after I tried to reactivate my LLC I discovered I could not if it was cancelled. not knowing I had a condo under my LLC and now that I am under contract I need to obtain clear title. I was hoping a lawyer can do a quick claim deed but I am not sure if this is the best solution to my problem. it... View More

Leonard R. Boyer
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answered on Jan 30, 2018

You cannot transfer any asset into an LLC that is not active. Your situation will require an in person consultation with an attorney who can review all documents and see what the solution is. If there was a mortgage on the condo, you could have violated the "Due on Sale Clause" which is... View More

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for New Jersey on
Q: in NJ, how long does junior lien holder have to sue after foreclosure by 1st position lienholder on RENTAL property?

I had a rental property that was sold at sheriff sale in NJ--foreclosed on by first mortgage co. I know that NJ statute N.J.S.A. 2A:50-8 says that the junior lien holder only has 1 year to sue or debt is time barred. However, does this statute only apply to property that was primary residence... View More

Leonard R. Boyer
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answered on Jan 28, 2018

What you really need to be concerned about is filing a Chapter 7 Bankruptcy to wipe out any personal liability for your debts. You have been lucky so far, but don't push your luck. Chapter 7 Bankruptcy is not simply filling out forms. Trying to handle this matter yourself is not wise. You do... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Do I have any recourse if my mortgage company incorrectly estimated my property taxes, resulting in an escrow shortage?

I re-financed my mortgage last year. Now the mortgage company is saying that they undercollected for property taxes, resulting in a shortage in my escrow account and my monthly mortgage cost going up by hundreds of dollars. They say that I signed closing documents stating how much property taxes... View More

Leonard R. Boyer
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answered on Jan 26, 2018

Your situation will require an in person consultation and document review, in order to give you truly meaningful advice.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I rent an apt for my employees to live in while they work for me. I fired one of those workers & now he refuses to leave

He does not have a lease just a verbal agreement that he can stay as long as he works. He did contribute $300.00 for the month of January towards the rent & utilities.

He has only worked for me for 2 weeks & I caught him stealing. Do I have to go through all the steps to evict him... View More

Leonard R. Boyer
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answered on Jan 23, 2018

YES, you need to retain a landlord-tenant attorney. If there are any exceptions that allow a more brief time to evict, the attorney can advise you.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Should the sellers contract have an end date on it?

My contract has a start date but no end date I thought they said six months but I have no proof of this in writing. This is a real estate contract

Leonard R. Boyer
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answered on Jan 21, 2018

That will depend on a significant number of factors, which your post does not provide. You need an in person consultation with an experienced attorney, who with all the facts can draft the right type of contract.

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