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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New Jersey on
Q: If a lawyer fails to respond to your lawyer are voice mails with no response acceptable
Morris Leo Greb
Morris Leo Greb answered on Jan 25, 2022

Have a service which serves summonses, serve the other attorney with the correspondence.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: I would like to take my sister's name off my property deed and set it as joint tenancy with my son with right of

Survivorship. This is in New Jersey.

Do I have to do 2 quit deed claims?

Or it is just one filing?

My sister is alive and willing to sign.

Morris Leo Greb
Morris Leo Greb answered on Jan 25, 2022

All that is needed is one deed with your sister named as the grantor (seller) and you and your son named as grantees (buyer). The deed can simply either name you and your son as joint tenants which has rights of survivorship or add a clause after the description that it is the intention of the... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Hello we want to buy a property but he had a gap in middle for 2 or 3 months in his job

My husband worked as an IT lead from 2016 to 2020 june and started again in nov 2020 to may2021 and got another job in july2021 and still working there can we buy a property now or we have to show two years job

Leonard R. Boyer
Leonard R. Boyer answered on Jan 19, 2022

This is not a legal question, you have to contact various lenders. Good luck.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: I moved in my home and 1.4 acre of my land is being farmed by the previous owners family. What should I do to reclaim it

My house I bought sits on 4 acres. The seller inherited the land from his grandparents. My next door neighbor is the previous owners brother who owns an identical lot to mine. Behind my property is a planted field with corn by the previous owners uncle. The guy I bought it from used to let his... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 18, 2022

You need to retain an experienced local land use and zoning law. These are the type of cases, where you really need a politically connected attorney to accomplish anything. Good luck.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: When a trustee election has 2 different terms should the ballot show candidate and term sought?
Morris Leo Greb
Morris Leo Greb answered on Jan 4, 2022

Yes, the office and term should be indicated on the ballot.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Is the board appointment of a HOA trustee to fill a vacancy a binding vote ? Open meeting required vote?

Our board says it's not a binding vote but a affirmation that he is now a trustee and done in a closed executive meeting

Morris Leo Greb
Morris Leo Greb answered on Jan 4, 2022

Each HOA operates under its own set of rules. You need to review the organic documents of the HOA to determine the answer to your question.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: if a church purchases an adjacent lot, do the 2 properties automatically get merged into 1? making it diff. to sell 1?

our church (corp A) has the opportunity to purchase an adjacent lot and convert it into a parsonage..lawyer suggested we create a separate corp B under A

Morris Leo Greb
Morris Leo Greb answered on Jan 3, 2022

The attorney's answer is correct.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a person's right to a property be waived for not signing an agreed upon Quitclaim deed in a timely manner?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 29, 2021

NO! A quitclaim deed is not worth the paper it is printed on. It has no effect on the mortgage and does not relieve the signer of the quitclaim deed of any liabilty. The best bet would be to refinance the property to eliminate the ownership of the other person.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Landlord decides to sell rent house, made verbal offer to sell to lessee, rescinded the offer (with racist overtones)...

(I'm subletting; my housemate is the lessee.) The landlord (who bought the house less than a year ago) told us he wanted to sell, made verbal offer to my housemate to sell it to her for what he bought it for. She was interested, scheduled inspection, talked to the bank. Then a couple of weeks... Read more »

Morris Leo Greb
Morris Leo Greb answered on Dec 28, 2021

In order for an agreement to sell real estate in NJ to be enforceable, the contract must be in writing. The only verbal real estate agreement that is enforceable is for a lease of one year in duration.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I sublet an apartment for 2 years and just found out it is illegal. They are giving me 2 days to vacate. What can I do?

I have been in thus apartment for over 2 years. Never knowing that the sublet was illegal. Today both the landlord and the property management company told me 8 have 2 days to get vacate the premises or legal action will be taken.

Morris Leo Greb
Morris Leo Greb answered on Dec 20, 2021

Remain where you are until you receive a Court oder or a Board of Health requirement to vacate. There is no self help in NJ. The Landlord must file an appropriate action after complying with statutory requirements.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Our condo is in 16 unit building. The bldg is condemned. 75% of owners want to sell entire bldg. Can they force the sale
Leonard R. Boyer
Leonard R. Boyer answered on Dec 10, 2021

Without reading the by-laws of the the condo board, no one can answer that. But if the property has been condemned it may not be sellable. But if it can be sold, as is, then you should take the money and run.

3 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for New Jersey on
Q: A bank that doesn't own my Mortgage Note got a Writ of Execution for a Sheriff Sale. How can I challenge the Writ?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 8, 2021

Mortgages are negotiable instruments that can be freely bought and sold, without your consent. To determine what your options are, you really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney. Choosing a cheap attorney can often lead to expensive mistakes and/or... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I would like to remove a tenant from a building I am looking to purchase.

If I am buying a commercial property (which is currently leased to a tenant with 6 yrs remaining on their lease). I would like to make use of this property for my own retail use.

1. What can I legally do to remove the tenant?

2. Should I ask that property be vacated prior to... Read more »

Morris Leo Greb
Morris Leo Greb answered on Dec 8, 2021

You take possession of the property subject to existing leases. Unless the tenant voluntarily relinquishes possession, the tenant can remain undisturbed for the balance of the lease.

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Litigation and Probate for New Jersey on
Q: Is it a breach of fiduciary duty if an estate administrator quick sells two properties for less than they are worth?

My sister is currently Administratrix of my late mother’s estate and has already committed various breaches of fiduciary duty, including requesting the estate reimburse her for debt owed by the decedent she was liable to pay as power-of-attorney and attorney-in-fact to the decedent before her... Read more »

Derek John Soltis
Derek John Soltis answered on Nov 17, 2021

You need to go over everything you just asked a question about with an attorney. I have seen a $400 home sell for $78,000 because of liens that couldn't be avoided so the new owner took on the liens. I have also see properties sell under market value because a hoarder lived in them, tenants... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: Does new owner legally need to give written 30 day notice for a tenant already in unit on a month to month lease in NJ?

I am living on a month to month at my current residence. On 7/2021 old owner gave all tenants a written notice that she was selling the property and we had to move. My move date was 9/1/2021. I was/am still searching for affordable housing. There were negotiation issues, inspections,... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 27, 2021

There is no self help in NJ. A landlord can not lock you out. If you choose not to move, the LL must file an eviction action with the court The Court has the power to stay an eviction for up to six months. Make the LL take you to court. If LL successful ask the order to stay the eviction. So... Read more »

2 Answers | Asked in Real Estate Law and Municipal Law for New Jersey on
Q: Do I need to be registered with the state of nj to have an in home day care

The Twp says we can’t have an in home day care. But the state says we can in a residential area if we have less than 5kids. But do we have to be registered? That state says it’s optional

Morris Leo Greb
Morris Leo Greb answered on Oct 25, 2021

It would be best if you complied with all and municipal requirements and registered with the State.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Is there a statue of limitations on a rental application filled out??

I have signed a 3 year lease and my rent is completely paid. Because the owner wants to sell the property 2 and a half years into the lease he is threatening to terminate my lease based on a question answered on the rental application 2 and a half years ago..

Morris Leo Greb
Morris Leo Greb answered on Oct 23, 2021

A difficult question to answer without more fact. I would, however, suggest, that since he accepted that answer and leased the premises to you would indicate that the answer was of no consequence then and remains so now. Briefly, it should not be considered as a basis for non-renewal now.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can I have more time to move out?

I live in NJ. My landlord gave us notice that he will not be renewing our lease in January. It is a two family home and the landlord resides in the other unit. However, due to Covid we are a family of 4 with a one income household. Unfortunately we have no savings to just move out. Can we request... Read more »

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

Yes, do not vacate when requested. NJ does not recognize self help. The LL will be required to file an action in court for possession. Make sure you attend all court proceedings. If the court enters judgment for the LL, ask the court to stay the eviction proceedings. The court has the power to stay... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for New Jersey on
Q: My ex husband refuses to sell marital home and won't sign the papers. What can I do?

We divorced in 2013. House was underwater heading to foreclosure. Judge said my 4 kids and I could remain in home as long as I kept up with all bills. Ex had nothing to gain so he agreed. In those years I managed to gain equity in home and I'm ready to sell. I have already moved out and my... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 13, 2021

You may file an action in court called partition. The Court has the power to compel a sale. Speak to an attorney with litigation and real estate experience.

3 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: What concerns should I have when adding a senior parent to the deed of a home?

in the process of purchasing a new home. Mom is putting the down payment down, gifting to me. Condition is, she wants to be on the deed of the home so as to say, when she passes, her portion of the home will be willed to me and I will have majority ownership of the home. What issues might I run... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 4, 2021

A very easy solution that will eliminate many concerns for both you and your mother. Instead of being placed on the deed. She is given a mortgage in the face amount of the money she is lending you to buy the home. The mortgage has a safe harbor rate of interest payable once yearly, just the day... Read more »

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