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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: In New Jersey, can I send a lease termination letter to my month to month tenant simply because I want to sell?

Tenant had been on a one year lease about four years ago, we never renewed or offered renewal and so I believe she is now "month to month" essentially. In New Jersey, can we simply send her a lease termination letter with proper notice? Or do we need "good cause" to do so? We... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Feb 1, 2023

Yee, you may send such a letter. Be sure that it is given prior to the commencement of the Next month's term. Further it should provide a minimum of 30 days notice to vacate.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: What if I am leasing a property and I have 20 more years on it and they are forcing a termination and my owner is forced

Is forced to sell. Does my lease still hold up?

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 27, 2023

Without knowing a significant amount of additional information and document review it is impossible to provide a meaningful answer. This is also something that would be well beyond the scope of a free consultation, so you should expect to pay for about an hour of attorney time. With modern... Read more »

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Can an offer to purchase a house be withdrawn before seller has made a decision?
Morris Leo Greb
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Morris Leo Greb
answered on Jan 25, 2023

Yes provided it is in writing.

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2 Answers | Asked in Real Estate Law for New Jersey on
Q: Can an offer to purchase a house be withdrawn before seller has made a decision?
Matthew Schutz
Matthew Schutz
answered on Jan 25, 2023

You can withdraw your offer if it has not been accepted. You need to do it in writing either by personal delivery, or certified and first-class mail. If there is a real estate agent involved for the other party you can serve them.

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2 Answers | Asked in Criminal Law, Foreclosure, Real Estate Law and Domestic Violence for New Jersey on
Q: The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property

The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property into foreclosure. The mortgage is solely in his name. The wife owes half of the equity. Ex-husband owes ex-wife more monies than his equity is. Every time she gets the... Read more »

Richard Diamond
Richard Diamond
answered on Jan 25, 2023

There is a court order that required your ex-husband to pay for the mortgage for the marital home until the date of its sale. Ex-husband failed to pay the mortgage and ..... you did not take him back to court immediately to address his noncompliance and ... each time that a buyer has expressed an... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I need to have my 33 yr son move from my home. He refuses how can I have this happen?

Not on lease. He refuses to go. Does not pay rent or bills

Matthew Schutz
Matthew Schutz
answered on Jan 16, 2023

You would need to file an ejectment action. Ejectment is the remedy that you use where you have someone trespassing on your property. Since your son is 33 years old, he should be out on his own. Your obligation to support him ended when he turned 18. He needs to be given formal notice that he has... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: do you have to record a quitclaim deed in New Jersey in order for it to be valid?
Morris Leo Greb
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Morris Leo Greb
answered on Jan 12, 2023

If the deed is not recorded, it is not notice to the world that title has changed. It may be valid as a transfer of title only as to the grantor.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Commercial lease: New Jersey. Property owner attempts to bill for unperformed maintenance. What are the legal remedies?
Morris Leo Greb
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Morris Leo Greb
answered on Jan 3, 2023

Pay into escrow account. Notify Landlord in writing with proof of deposit by certified mail return receipt required that payment will be released once the required work is done.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: I own 2 lots in NJ that are accessed only by a paper road there is no other access and the town won’t repair the road

The town refuses to repair road and won’t let me repair the road

The road is basically impassable and I can’t access my lots

Said road is listed on the tax maps as an

“Unimproved road”

I have no desire to merge the lots

The road is roughly 1 mile... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Dec 30, 2022

You have raised several important questions which require more factual information as follows:

1) Possible merger of the lots

2) Confirmation that paper road is shown on a filed map

3) Cost of installing a road conforming to municipal requirements

4) Prescriptive...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Business Formation for New Jersey on
Q: what is the new jersey equivalent to CA Civ Code § 3412 (2020) (cancellation of instruments)
Leonard R. Boyer
Leonard R. Boyer
answered on Dec 21, 2022

Unless an attorney is licensed in both CA and NJ they cannot provide you with a meaningful answer.

1 Answer | Asked in Business Law and Real Estate Law for New Jersey on
Q: What is selling asses on a transfer a 1031 exchange can I take a portion of the capital gains profit and use it.
Morris Leo Greb
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Morris Leo Greb
answered on Dec 20, 2022

Speak to a CPA for an analysis of the tax implications of your question.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Approximate cost of legal services in nj to handle the sale of home if I sold my own home
Morris Leo Greb
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Morris Leo Greb
answered on Dec 5, 2022

The fee for my legal services is $950.00. There are also some disbursements that you will be required to pay such as a document preparation fee, cancellation/discharge fee for each mortgage you may have mortgage that exits if any, fee to municipality for smoke detector fee, if required by... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Probate for New Jersey on
Q: I want to present the NJ Law on Adm'n of Estates for Reprobate in the Philippines. Where can I get an official copy?

The Philippine law on evidence requires an authenticated copy of the said law to be presented in court as proof of said foreign law. I am wondering how to obtain said official copy. Is it enough to print it myself and have the same Apostilled before the NJ Dept of Treasury, or is there a proper... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Dec 5, 2022

Either from Justia.com or Thomas Reuters that owns Westlaw. West Publishing is located in Eagan, Minnesota.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: Who owns/has rights to a paper street if the township has not developed it for more than 50 years? What rights do we hav

A builder has bought lots behind the two front abutting properties for residential development. The builder asked the two abutting property owners to vacate or sign his lawyer's legal paperwork ceding their portions of the paper street to him. The builder can access the property for... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Nov 30, 2022

Anyone may improve the road subject to municipal requirements as the municipal 'owns' the right of way. If an application to vacate the private road, one half goes to each property that abuts the right of way. It would be worthwhile speaking to the municipal engineer to determine whether... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for New Jersey on
Q: My mortgage company (with escrow) did not pay my property taxes and property was sold at tax sale. What is my recourse?

My original loan provided paid taxes on both lots listed on the deed. A third party then bought my loan and in the escrow account they only paid taxes on one of the lots on my property. The other lot went unpaid for a year and then was sold at a tax sale.

I understand I have a redemption... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Nov 23, 2022

Speak to a real estate attorney to discuss what action you might pursue.

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1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: What happen when an initial deed is showered in April 84 and records show it was assigned in May 1984 .

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... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Nov 22, 2022

Speak to a real estate attorney. There is a statutory provision to resolve this issue.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for New Jersey on
Q: Joint Tenancy between Parent & Child Parent dies Will has Child as Executor; Beneficiary 100%.Does will need Probate?

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?

Leonard R. Boyer
Leonard R. Boyer
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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1 Answer | Asked in Real Estate Law for New Jersey on
Q: How can land be removed from the farmland preservation program in NJ. Can we sue? What are reasons to have it removed
Leonard R. Boyer
Leonard R. Boyer
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.

2 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: What happens if I die to the ownership of house?

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... Read more »

Matthew Schutz
Matthew Schutz
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... Read more »

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: The deed on the house lists 4 owners. To take a home equity loan on the house do all owners need to sign off on it?

The person who borrowed has died. Does the loan get paid from her assets or from the sale price of the house?

Morris Leo Greb
PREMIUM
Morris Leo Greb
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.

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