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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: Is the executor of a Real Estate Trust required to act quickly in selling the home? Should they notify us along the way?

Real Estate trust in NJ

What is the timeframe to sell? Should we be notified of the listing of home or price?

Morris Leo Greb
PREMIUM
Morris Leo Greb
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.

1 Answer | Asked in Real Estate Law and Contracts for New Jersey on
Q: Dvlp contracted my house cash as-is. 5 mo later ( buyer delays), just sent email, no financing, can i keep deposit?

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... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
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.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Closing on a house but seller can't vacate. An occupancy agreement was suggested. Should we tell our mortgage lender?
Morris Leo Greb
PREMIUM
Morris Leo Greb
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... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a person who pays his federal and state taxes in Florida be on a board of trustee in a NJ HOA

I should mention t in the state of Florida

Morris Leo Greb
PREMIUM
Morris Leo Greb
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,

1 Answer | Asked in Divorce, Family Law, Foreclosure and Real Estate Law for New Jersey on
Q: I was awarded my home in the divorce. I had 60 days to refinance the balance on the mortgage. My ex was to facilitate

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... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Aug 20, 2022

Due to your financial problems, contact New Jersey Legal Services for an attorney.

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Does NJ state have a law requiring sellers to provide a surveyor report to buyer/mortgage company during a home sale?
Matthew Schutz
Matthew Schutz
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.

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2 Answers | Asked in Real Estate Law, Foreclosure and Tax Law for New Jersey on
Q: Can a town lien in New Jersey add charges after they sold a lien to an investor that certified there were no charges?

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... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
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.

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1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Q: Do I as a primary beneficiary name to inherit property have the right to pay the taxes
Morris Leo Greb
PREMIUM
Morris Leo Greb
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.

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for New Jersey on
Q: Can we have incinerating toilets and a grey water system instead of septic in Holland Township NJ. Thank you!

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... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jul 19, 2022

Call the municipal building inspector to discuss this issue.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I HAVE A HOUSE THAT MY WIFE BROUGHT 20YRS AGO AND WE GOT MARRIED 10YRS AGO AND SHE DIE 2019 HOW EVER THE DEED IS HER

NAME CAN I OBTAIN DEED IN BUSNIESS NAME INSTEAD OF MY NAME

Morris Leo Greb
PREMIUM
Morris Leo Greb
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.

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Can I change the lock on an estate property where I am the executor and the person who previously lived there

and continues to live there) won't vacate. There's no tenancy relationship.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
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... Read more »

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1 Answer | Asked in Real Estate Law and Family Law for New Jersey on
Q: How can I get someone off my deed?

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... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
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.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: In New Jersey, what percentage of unit owners is required to dissolve a condominium HOA?
Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

That will depend on the bylaws of the condominium HOA.

1 Answer | Asked in Consumer Law, Small Claims, Real Estate Law and Constitutional Law for New Jersey on
Q: I have my certificate of birth, a specific AFFIDAVIT, I am still a debtor, I am doing a UCC1 filing

W. Sitzler is the Judge and the district attorney is not listed.

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jun 18, 2022

The question is missing details. Please complete the question. I will try to respond once a complete question is posted.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can my girlfriend take half of my home in New Jersey if i moved her in and we brake up?
Matthew Schutz
Matthew Schutz
answered on Jun 11, 2022

This answer assumes you are not married. No. She is your guest in your home. If she chooses to stay after she has worn out her welcome, you can file an action called an ejectment and here removed by a sheriff's officer.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: How long should I wait before seeking legal action for non return of deposit?

I signed a lease a few weeks ago, after finding out the additional amount of upfront money they were asking for wasnt legal, I spoke with the landlord and he agreed to cancel the lease. I had already paid the realtor fees, as well as the first months rent and 1.5 months security with a bank check.... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jun 2, 2022

Send a written demand for return of deposit with thirty days.If LL refuses file suit in small claims court asking for treble damages and legal fees if you retain an attorney.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a condo association (NJ) charge a fee (NOT for a violation) for something w/o first notifying the member of the fee?

In my condo association, there is an area where resident parking passes are required to park (not assigned - first come, first serve). I needed a new pass because the passes don't expire and the one I had was so old and faded it was unreadable. They emailed that they would send it out,... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on May 25, 2022

What a HOA may or may not charge is set forth in the provisions in the home owners declaration. The agreement usually provides that the Board of Directors may vote to change some of the provisions. A careful reading of all the documents is required.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Is it legal for a landlord or maintenence person to enter an apartment without anyone being home?

About a week and a half ago, my girlfriend reached out to the leasing office of the apartment we are renting, about having our floor fixed which was damaged when we first moved in last year (we honestly forgot about it due to putting a rug over it). No one came, but my girlfriend noticed today that... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on May 19, 2022

Every lease, whether written or oral, is deemed to have include a provision called 'quiet enjoyment. This means no one can enter your apartment without your prior consent. The only exception to this is if an emergency exists and the Landlord is unable to contact you. Examples of an emergency... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Can landlord change first month rent, security deposit, AND last TWO months rent?

Edit: with confirmation that this is illegal, what’s my next step? I already signed and paid, should I reach out to the landlord and try and get my money back or contact an attorney?

I was told I needed to pay the following at the lease signing:

1.5 months security deposit, 1... Read more »

Matthew Schutz
Matthew Schutz
answered on May 16, 2022

What your landlord is asking you to do is illegal in New Jersey. He's only allowed to ask for a month and a half security. Asking for the 2 months rent at the end of the lease on top of a month and a half security is not permitted. Could you ask your landlord to put that request in writing.... Read more »

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: My moms house has a reverse mortgage on it, how do I buy the house?
Aida Izgelova
Aida Izgelova
answered on May 15, 2022

Your mom should request a payoff statement from the reverse mortgage company, which will specify her mortgage balance owed to the reverse mortgage company. You will need to pay that amount plus any other liens on the property to purchase the home.

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