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New Jersey Questions & Answers
1 Answer | Asked in Real Estate Law for New Jersey on
Q: Is it possible on a FHA loan for the final cd to change over night from 14.5k to 18.5k? Please help

I was told my monthly payment would be 1,710 now it is up to 2,110. I was told by the originator to bring 14.5 to closing & that was rounding it up from 14.2. Two hours prior to the closing my realtor made the odd comment of saying you have 20k in your bank acct. Then said after crunching... Read more »

Morris Leo Greb
Morris Leo Greb answered on May 16, 2021

No, a three day period must elapse.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can a tenant deny entry for house showings claiming COVID exposure concerns?

The current tenants lease will expire soon. I provided notice that we will be selling the home and the lease terms denote that we can show the home to prospective renters/buyers. He is denying us access to the show the home to prospective buyers using concerns of covid exposure as the rationale. Is... Read more »

Morris Leo Greb
Morris Leo Greb answered on May 16, 2021

Generally, unless an emergency such as repairing a burst water pipe, access to the premises must be given but at the convenience of the tenant.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: I want to break my lease early....and dont have anything in the lease explaining and management is not telling me

Ive called them multiple time and they keep on giving my the run around with who handles the leasing questions. What should I do, everything is over the phone and I do not have a paper trail as they do not answer anything by email

Morris Leo Greb
Morris Leo Greb answered on May 16, 2021

A lease is a contract between the owner of property and the party who wishes to occupy or utilize the premises for the purposes and duration agreed to in the lease. The lease then is a contract. Inherent in every contract is the potential of one party to refuse, for whatever reason, unilaterally to... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Does my landlord have to be specific about when they want to enter?

My landlord wants to do HUD inspection (which is fine) but they said between 5/17/21-6/3021. This is in NJ.

Morris Leo Greb
Morris Leo Greb answered on May 14, 2021

Unless anemergency necessitates immediate access, access should be arranged with the agreement of landlord and tenant.

1 Answer | Asked in Probate for New Jersey on
Q: Where/How do I obtain a Verified Compliant/Order To Show Cause form to submit to Surrogate Court, Essex County NJ?

If Obtained can I file the compliant/order myself? Surrogate court does not provide the forms! A court clerk informed me that the forms are not available online. I still searched for hours to no avail. I don't qualify for low income legal assistance and can't afford $5,000+ to pay a... Read more »

Morris Leo Greb
Morris Leo Greb answered on May 14, 2021

Although you have an absolute right to represent yourself in the Courts of NJ, my best advice is that you speak to an attorney, From reading between the lines of your question, I sense that the issues involved are sufficiently complex and, thus, require guidance in the complexity of probate... Read more »

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: For statute no 39 4-97.3, if you are at a stop sign and you look at your phone. Are you violating the statue?
Stuart Nachbar
Stuart Nachbar answered on May 11, 2021

Yes, you are as the statute say using, and also says that it shall not impede operation. If you are at a Stop sign, you are not paying attention to the road and the flow of traffic

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2 Answers | Asked in Divorce for New Jersey on
Q: I have been battling a 4.5 year divorce. How do I get out of this? Judge is biased because ex is ill. No access 401k o

I filed a motion in January to finalize the divorce since I don't have access to my 401K. I also don't have access to my children's college funds (they are in college and we need the money). Still no response. During the last ruling, I filed with the appellate court because the judge... Read more »

Bari Weinberger
Bari Weinberger answered on May 12, 2021

Thank you for your question. It’s difficult to give a complete response without looking at the Orders entered in the case. A contested divorce taking over 4 years is not unusual especially if you live in a highly populated county such as Essex or Hudson. Now with COVID the time for completion... Read more »

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1 Answer | Asked in Child Custody for New Jersey on
Q: Hello, which court order does a mother need to file for a child custody case?
Richard Diamond
Richard Diamond answered on May 11, 2021

I am presuming you are looking to file an FD complaint in the non-dissolution part of the family court part for custody and parenting time and as a pro se, you need to go through the court form to check off all of the applicable boxes and then provide a detailed statement of pertinent information (... Read more »

2 Answers | Asked in Copyright for New Jersey on
Q: Stolen art work, I did a logo for customer who then disappeared.

I recently saw 5 of his vehicles with my logo on them. I found his address and sent him an invoice. Never heard back.

Can I sue to have him either pay the invoice or remove the logos?

Jason Brooks
Jason Brooks answered on May 10, 2021

Yes so long as you can demonstrate that you actually created the logo for him and that you were to be paid for your services, you have evidence a contract existed between you two. This can be shown through the chain of communications you likely have with him. Did he ever agree on your fee prior to... Read more »

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2 Answers | Asked in Criminal Law for New Jersey on
Q: I got caught with 2 lil pebbles of crack 10 dollars worth am i goin to jail i dont have a record im in jersey
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 10, 2021

There is a difference between not having a record and not having a prior criminal charge. If you have no prior criminal charges a good lawyer should be able to keep you out of jail. That being said no attorney by law can guarantee a result and in general the better the lawyer you hire the better... Read more »

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1 Answer | Asked in DUI / DWI for New Jersey on
Q: if you have DWI in NJ & PA at the same time should you have a lawyer in each state or one for both

included with DWI in NJ in July 2021there was also pos of a controlled substance and 3 other charges. The other DUI was in April 2021.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 10, 2021

That's up to you as long as your lawyer is licensed in both states you can have one lawyer as lawyers are licensed by state. The problem is you want the best lawyer for each case and that may not be a lawyer that is licensed in both states as your lawyer may have a high success rate in PA and... Read more »

1 Answer | Asked in Estate Planning for New Jersey on
Q: Hello, I was the primary care giver of my deceased father who passed in September of 2020. I represented him in all affa

irs and detaisl with the medical care and transportation and i lived in his home. He died intestate and I CREATED an estate as an administratrix. My three siblings were not inculded in this paperwork so I could as most of his affairs, handle things without the stress and emotional abuse from them... Read more »

Derek John Soltis
Derek John Soltis answered on May 10, 2021

Hello,

When someone dies without a will all Kids have the same rights. This may not seem fair, but it is the way the laws are written. So, your siblings may fight you for administration. There are forms that they could sign off on to surrender their rights to you. You really should speak...
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1 Answer | Asked in Child Custody and Domestic Violence for New Jersey on
Q: I recently applied for my firearms license in NJ. I was denied due to my "violent and aggressive history."

I've been in a relationship for 6 years now and he had a nasty divorce/custody battle in the first three years. His ex-wife filed multiple false police reports against me thinking that it would sway the custody verdict but she ultimately lost custody. In one of the reports, she coached her... Read more »

Richard Diamond
Richard Diamond answered on May 10, 2021

I would contact your local police chief and / or the county prosecutors office and ask for the background search material and the source[s] giving rise to the concerns voiced about you. The less confrontational you are with them, the more likely they will be to provide the information sought (... Read more »

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: I was injured at work January 2020 and went back to work October how long before insurance company makes an offer.
Tim Rose
Tim Rose answered on May 9, 2021

It depends greatly on what you mean by 'offer'. Did they pay you for the time off work? Did they cover your medical bills? did you suffer any permanent disability? Did you report the injury at all?

A consultation with a workers comp attorney in your area is required to assure that...
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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Got 3 driving while suspended tickets in different jurisdictions that are active in NJ. Any advice?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 9, 2021

Yes my advice to you would be to hire a good lawyer as you're looking at mandatory jail time even with a lawyer. However a good lawyer can help you at least reduce the amount of time that you are looking at. Set up one of the free in office consultations that most of us traffic ticket lawyers offer.

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New Jersey on
Q: NJDMV ISSUED MY DRIVERS LICENSE TO ANOTHER PERSON WHO GOT IT SUSPENDED. WHAT CAN I DO???
Leonard R. Boyer
Leonard R. Boyer answered on May 8, 2021

This does not make sense without knowing more facts. Getting any changes to a NJ driver's license is very difficult. Are you a N.J. resident who is temporarily in Alaska? More information is going to be needed to understand what is actually going on.

2 Answers | Asked in Child Support and Family Law for New Jersey on
Q: How can I get out of my child support arrears? I was not in the courtroom when the judge made a ruling.

I have a child I take care of separate. I have filed for SSDI

Richard Diamond
Richard Diamond answered on May 7, 2021

Whether you were in the room or not, either your ex or the probation department submitted an application for enforcement and provided the court with the details of your noncompliance with your child support obligation. Upon receipt of that application you were obligated to file a written opposition... Read more »

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1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Does this statute hold up if the vehicle overtaken was making a left turn?

Nj 39:4:85

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 6, 2021

We would need more facts to properly answer your question. The only thing worse than no answer is the wrong answer and without all the facts you will probably get the wrong answer.

1 Answer | Asked in Divorce and Child Support for New Jersey on
Q: NJ college tuition as part of child support

We have an MSA codified when we were in Virginia but divorced in NJ where we both currently live. I’m concerned my ex wife will try to take me to court to use NJ law/precedent to make me pay college tuition after child support ends. 1. Is she likely to win in NJ court even if we have an MSA from... Read more »

Richard Diamond
Richard Diamond answered on May 6, 2021

I dont think my answer will come as a big surprise to you. You need to sit down with an experienced family law attorney to review the terms of your agreement and any court orders entered in your matter ( in Virginia and in New Jersey) to determine how a court would address the issue if presented.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Recd notice to cease and reason is false. I am month to month. Can I answer lawyer with my proof?

Cease claims I'm not showing property to broker no broker has gotten in touch yet. Phone records will prove this.

Morris Leo Greb
Morris Leo Greb answered on May 5, 2021

Yes, but do so with copies. Keep the original documents until you need to produce them if this matter results in a complaint being filed.

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