Get free answers to your Real Estate Law legal questions from lawyers in your area.
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... View More 
answered on Nov 22, 2022
Speak to a real estate attorney. There is a statutory provision to resolve this issue.
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?
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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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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.
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... View More
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... View More
The person who borrowed has died. Does the loan get paid from her assets or from the sale price of the house?
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.
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... View More
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.
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?
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.
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.
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.
Real Estate trust in NJ
What is the timeframe to sell? Should we be notified of the listing of home or price?
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.
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... View More
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.
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... View More
I should mention t in the state of Florida
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,
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.
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... View More
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answered on Aug 20, 2022
Due to your financial problems, contact New Jersey Legal Services for an attorney.
Essex County, Township Of Irvington
I owed a lien purchased in December 2016 which certifies that there were no charges before or pending after attached to this lien or property. After paying the taxes for 4 years the city said in 2020 said they "forgot" to add cleaning charges... View More
answered on Aug 3, 2022
It depends whether or not a Municipal Tax Search was ordered and received and the information contained. Speak to the title company you used to check title before actually purchasing the lien and the insured the transaction.
answered on Aug 1, 2022
Very briefly, anyone can pay the real estate taxes. Speak to an accountant as to whether the payment is tax deductible for you or is considered a gift which may trigger having to file a gift tax return.
Recently purchased property in Holland Township New Jersey with a old, non working septic. We would like to replace it with a more environmentally friendly system because we are extremely close to a stream and have a high water table. We are hoping to put in new incinerating toilets and gray water... View More
answered on Jul 19, 2022
Call the municipal building inspector to discuss this issue.
NAME CAN I OBTAIN DEED IN BUSNIESS NAME INSTEAD OF MY NAME
answered on Jul 7, 2022
The executor or administrator of your wife's estate can convey the property to your business. Speak to an estate attorney for preparation of the necessary documents.
and continues to live there) won't vacate. There's no tenancy relationship.
answered on Jul 6, 2022
This is a property law question not a criminal question unless you do try to change the locks on the person that has lived in and is currently living in the property. Whether a person is a tenant ultimately is determined by a court not by a lease or by you or by me. I suggest that you seek a... View More
My ex is on my deed and refuses to leave my home. He has 49% and I have 51% on the deed. He has never paid any mortgage or bills since living in this house. I have been paying ALL the bill since moving in. I have proof that I am the only one paying. Now that I've asked him to leave he is... View More
answered on Jul 1, 2022
This is a very difficult situation. If you bring an action in partition, the Court will most likely order a sale of the property. A result not desired. The other method would to be to seek a domestic restraining order. This would require seeking the advice of an attorney that practices family law.
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