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New Jersey Real Estate Law Questions & Answers
4 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New Jersey on
Q: My grandmother co-signed a house in NJ now it's in foreclosure. She is 84 lives in FL only social security. Advise?

The main signer filed chapter 13 last year. He fell behind now bankruptcy case is voided. He will get wages garnished. My concern is to protect my grandmother. With her living in florida I'm not sure where to start .

Karra Kingston
Karra Kingston answered on Mar 31, 2020

I’m not really sure if your grandmother is trying to save her one or not. I would need more information I would suggest contacting a Bankruptcy lawyer in Florida where your grandmother lives.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can I be forced out of my apartment now? I received a letter of termination by April 30 on my month to month lease.

There is non reason in the termination letter except than “pursuant to 2A 18-56”.

Ivan Raevski
Ivan Raevski answered on Mar 19, 2020

at this point all evictions are suspended by order of Gov Murphy. It remains to be seen what happens in the future as the coronavirus pandemic unfolds

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Does a subpoena need to be refiled if there's a clerical error?

I was served a subpoena to give testimony at a deposition. I am a NJ resident but the subpoena was filed in Florida (United States District Court for Southern District of Florida). It's in regard to a timeshare exit company we used. The address of the meeting place for the deposition is... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 14, 2020

No, it does not, that is called a scrivener's error. The doctrine of a "scrivener's error" is the legal principle that a map-drafting or typographical error in a written contract may be corrected by oral evidence if the evidence is clear, convincing, and precise. So it is valid as is.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Hi can i cross a written annotation on a deed in front of the clerk and have it recorded with the changes?

we are 2 non married people listed a deed for a condominium purchased in Hudson County, NJ in 2003.

At the signature the lawyer added after the names "as joint tenancy with rights of survivorship" We would like to remove this annotation to keep the property listed on the deed as tenancy in... Read more »

Morris Leo Greb
Morris Leo Greb answered on Mar 12, 2020

The better practice would be to have a new deed prepared with you both named as grantors (sellers) and grantees (buyer) using your desired name or relationship. You must also have a deed recording sheet, and a

completed GIT/REP3 form attached. The necessary forms may be obtained on line...
Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: My father sold a lot in NJ in 2004. He died in 2008. In 2016 the buyer found the lot was contaminated. They buyer is su

suing the estate saying liability carries over to the estate. The property was never in the estate as it was sold prior to his death. Can they sue for clean up? I understood the liability for my father stopped when he died. The buyer never did due diligence when buying the lot and cannot claim as... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 5, 2020

You will need to have a real estate attorney review the 2004 sale documents and the documentation regarding the alleged contamination to provide an opinion as to whether the buyer has a claim or not. The real estate attorney can then assist your probate attorney with either paying or negotiating... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My boyfriend and I both have our names on the notice of settlement, but only my boyfriend name is showing on the deed?

In New Jersey.

Ivan Raevski
Ivan Raevski answered on Mar 4, 2020

If your name is not on the deed you would not be considered a part owner of the property unless you are married.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My house has been foreclosed and my husband is not on the mortgage but he is listed on the deed.

He is trying to get another mortgage in nj and I was wondering since it’s not hitting his credit will being on the deed effect him? And if so is there anything he can do like quitclaim after the fact? Any suggestions thank you

Leonard R. Boyer
Leonard R. Boyer answered on Feb 28, 2020

When a foreclosure complaint is filed, any one who either owns a property, or who has a potential equitable interest in the property, will be listed on the foreclosure complaint. A quitclaim deed is not worth the paper it is printed on and will not change anything. What is on his credit report is... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I own a house with my sister and im just finding out that she re mortgaged and I DIDN'T SIGHN ANY PAPER WORK

So im wondering if two parties own a house can one re-mortgage without the other consent and signature?

AND if so shouldn't the mortgage company spotted this

Vincent Gallo
Vincent Gallo answered on Feb 23, 2020

From what you stated, someone forged your signature.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: can i add someone on my house deed without needing a lawyer? can i file the papers myself in cape may county?

(not really sure what category this goes in, so i put contracts, or real estate?)

Vincent Gallo
Vincent Gallo answered on Feb 23, 2020

Sure you can, if you are confident that you know how to correctly and completely execute on the task.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: My parents are selling their home & attorney review just ended. Is there a way to break the contract legally?

They were approached by a former interested party, before house was put on the market, that they have cash for the sale of the house. The person is a builder & will rip their house down to rebuild. My parents are out of attorney review by 1 day so far with another buyer is there a way to legally... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 8, 2020

Maybe an attorney would need to review the contract. Hopefully you have one so ask him as we don't know your contract.

1 Answer | Asked in Tax Law and Real Estate Law for New Jersey on
Q: What kind of year-end statement is needed for rental income?

I receive rental income from a property to which I am one of the heirs. Another one of the heirs is acting as the administrator and sends me the money (check) every quarter. She only sends handwritten notes of how much each heir received. What type of statement can she prepare to send us so that we... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 1, 2020

You probably have either a trust/estate or a partnership. So you should be receiving a k-1 from either a 1041 or a 1065.

You should get that looked at since not filing properly can create a lot of penalties.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: can I close on my moms home without a tax waiver. estate was left to her 3 children plus 28,500 goes to a class D

The 28,500 is for a person that purchased a co-op then moved out and left the house(co-op) to my mom. Years later asked for her deposit back. My mom changed her will to leave her the money. 2 questions. Can we close without a Tax Waiver and how much effort do we need to put into finding the... Read more »

Noel Rivers
Noel Rivers answered on Jan 21, 2020

The short answer is that the tax waiver will be required. Based on the fact that $28,500 is passing to a class D beneficiary, you cannot file an NJ Form L-9 – Affidavit for Real Property Tax Waiver. Instead, you must file an inheritance tax return and upon its completion, you will receive a tax... Read more »

1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Q: One (of 5 siblings) live in their parents house in NJ for past decade. Both parents die, who gets the house? No will.

A woman is one of five children. She lived with her elderly mother and stepfather for the last 10 years. Her stepfather dies. The house and all assets go to his wife. Then his wife dies. The woman who has lived in the house for the last ten years has paid bills, remodeled and paid taxes on her... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 15, 2020

When a person dies without a will, the property the decedent owned is distributed through a process called probate to the decedent's heirs according to the states laws of intestate succession. If the decedent had surviving children but no surviving spouse, which sounds like the case here, the... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for New Jersey on
Q: What is process to remove a commercial-lease holdover tenant in NJ? Tenant vanished, stuff is in garage. Context below

I manage a multi-unit property in NJ and we have a tenant (contractor, a corporation) who rents a storage garage on the property. Landlord is an LLC owned by a family member. There was a commercial lease that ran for one year and expired in May 2019. Tenant did not renew, landlord continued... Read more »

Paul J. Riviere
Paul J. Riviere answered on Dec 20, 2019

You will need an attorney to help you file a summary dispossession complaint in the Special Civil Part - Landlord /Tenant section - in the county in which the premises are located. This is the proper legal way to remove the current the tenant without resorting to self help.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: new homeowner, should i get a realtor to execute a lease or execute on my own for tenant? Help

first time homeowner in essex county

Peter A. Michael
Peter A. Michael answered on Dec 17, 2019

I would not get a realtor to help you draft a good lease for your new rental property. It is in my opinion that you consult with a qualified attorney whom has experience with Landlord-Tenant issues, so they may draft you a lease that is good for your needs! Best of luck!

1 Answer | Asked in Family Law, Real Estate Law and Animal / Dog Law for New Jersey on
Q: My ex and I bought a dog. We broke up. What our my odds of getting the dog? She wants to share the dog I do not.

The dog is on my credit card and I'm the main name on the vet and doggy day care record. I have credit card records showing all of the food and toys I have purchased for him. Also have all of the vet bills and 6 out of 8 are on my credit card. The last 4 months (post breakup) I have made a note of... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 25, 2019

Do you seriously believe a Court will want to get involved in this matter? I can understand that a dog is almost like a child, but a Judge may not be so tolerant. Perhaps you could give you ex a different dog to try to work this out?

1 Answer | Asked in Family Law, Intellectual Property, Real Estate Law and Estate Planning for New Jersey on
Q: What will I need to do to claim my fathers property in Luquillo, Puerto Rico?

I brought my father to living in New Jersey 3 years ago because of his declining health. My father never put the property under my name because he was always to ill to go back to PR. My father is now in a nursing home and we don't know what to do about the property. We don't want to lose the... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 10, 2019

You need to contact an attorney who is licensed there.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: How long do I have to wait as the landlord to file eviction papers when they stop paying rent in NJ?
Peter A. Michael
Peter A. Michael answered on Sep 26, 2019

You do not have to wait. The state of New Jersey does not require legal notice or an allotted time period of waiting prior to filing a summons and complaint with the NJ Courts for Non-Payment of rent. My firm offers a free in office consultation for your case. Feel free to contact me at anytime!

1 Answer | Asked in Probate, Estate Planning, Landlord - Tenant and Real Estate Law for New Jersey on
Q: My step-father owns the house. My mom married him and her name is also on the deed to the house. She died first

and now my step-father passed away. On his will he has his son being the one to get the house. Am I entitled to my mom's half of the house

Nina Whitehurst
Nina Whitehurst answered on Sep 18, 2019

It depends on EXACTLY how the house was titled when your mother passed. It might have all gone to your step-father and then to his son pursuant to his will, but there are a myriad other possibilities. Show the deed and the two death certificates to a local real estate attorney or a local probate... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: A married person passed away without a will and has surviving adult children. Does the surviving husband inherit all?

The couple bought a house in NJ while married and have adult children on their own before they were married.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 12, 2019

The answer really depends on the assets such as if it was only a house, maybe? I suggest setting up a consultation with a lawyer if you need to know your rights.

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