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New Jersey Real Estate Law Questions & Answers
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
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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
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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
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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
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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
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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
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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
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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
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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.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: The buyer’s attorney has not released the escrow of $10,000.00 paid by Seller. The closing was Dec. 15, 2021. T

The mandatory water test passed, yet buyer’s attorney demands that seller, me, pay for installation of water treatment system. I advised the attorney that the installation of the system is buyer’s responsibility, yet attorney has still not released the escrow funds back to SELLER. What do I... Read more »

Aida Izgelova
Aida Izgelova
answered on May 15, 2022

Your contract to purchase the property should include language regarding the means for resolving escrow account disputes. Also, if the attorney provided an escrow agreement when you deposited the money, that agreement should also specify the means for resolving disputes.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Heirs do not want house sold in Will. Executor who is not named to receive anything won't agree what can be done

Heirs are sole beneficiaries. Both heirs agree to not sell house, they don't want the money but want to keep house. Both heirs are of sound mind. Executor who only over sees the Will refuses our wishes and is selling the house. I quote "I am Executor of the will, empowered with final... Read more »

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

The issues you raised are very complicated, It would be in your best interest to seek the advice who practices Wills and Estates Law.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: in my mother's will her house to be sold and money to go to me and my son. We both don't want house sold can it bypass

My mother wrote house to be sold and both my daughter and I to get money each month from sale. We both want to keep house and not get money. Can we keep the house? My daughter and I are only heirs

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on May 3, 2022

Yes, there is a way. I would suggest you speak to an attorney who practices wills and estate law.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: is a lease legal if the owner was in foreclosure when written and executed?
Morris Leo Greb
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Morris Leo Greb
answered on Apr 26, 2022

Yes but is subject to the foreclosure action.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Condo Ownership by-laws. 1 entity can't own more than 10%.

My wife and I currently live together. Our current property is mortgaged under me solely but she is on the title. We are attempting to purchase another unit in the building together with both of us on the mortgage. Would that still be considered as 2 entities or would it be considered as one entity... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Apr 14, 2022

Yes, the husband and wife are distinctly separate owners. It becomes a problem if they eventually decide to become joint tenants or tenants by the entirety.

3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for New Jersey on
Q: How do I sell a marital home in NJ without the spouse being in the country?

My wife and I are separating and she will be moving out of the country. What documents do I need to get her signed before she leaves so I can sell the house later? Is there a possibility to remove her name from the deed?

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Apr 9, 2022

It is very easy to do. Make an appointment with an attorney to prepare a deed which she signs along with several other documents required for transferring title. The attorney hold the documents in escrow pursuant to a written escrow agreement which calls for release upon sale of the property.

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2 Answers | Asked in Real Estate Law for New Jersey on
Q: Filed a complaint in the court for non refund of deposit and defendant did not answer.

Filed a complaint in the court for non refund of deposit and defendant did not answer in 35 days and court entered default. Defendant's counsel filed a motion to vacate the default to anser the complaint out of time which was granted by judge with a note to submit the answer in 10 days.... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 4, 2022

Since you are represented by counsel, all questions must be directed to your attorney. It would be inappropriate for anyone else to comment.

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