Lawyers, Answer Questions  & Get Points Log In
New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Tax Law for New Jersey on
Q: My mother in law is debt about $100,000 She owns 2 homes outright and believes that the debt dies with her Is she right?

She lives on the rental money from a condo and lives in the other home. We have been trying to have her put the houses in her daughters name but she wont because she uses the tax breaks from owning the homes.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 17, 2019

Maybe not. Depending on the kind of debt, if the creditors want to enforce their rights they can sue your mother's estate (i.e., the houses and ay other assets she owns) after she passes. Consult a collections lawyer.

1 Answer | Asked in Real Estate Law and Banking for New Jersey on
Q: When two co-borrowers own a home in NJ if one person wants to sell and the other doesn't, can a sale be forced?

The remaining mortgage amount is an amount one co-borrower can pay independent of the other co-borrower. (In fact, one co-borrower has always made 100% of the mortgage payments.) One co-borrower is not planning to move; the other had moved away from the home years ago. Both co-borrowers pay real... Read more »

Vincent Gallo
Vincent Gallo answered on May 24, 2019

Under normal circumstances, one person can force the sale of real estate by means of an action in partition.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: If mother and daughter own house together. If mother passes does the sibling have rights to that home

Mother and daughter on deed. Mother passed away does other sibling have rights to mothers home. Or it solely goes to daughter

Vincent Gallo
Vincent Gallo answered on May 9, 2019

A thorough examination of the deed will disclose the answer.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: I am buying the house I rent and currently live in, should security dep be returned to me?
Vincent Gallo
Vincent Gallo answered on May 5, 2019

It should be, provided that when you close you don’t raise issues as to the condition of the house that you may have created.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Did I abandon my house

My husband and I own a house with my brother-in-law a 50-50 split. in 2014 my husband and I separated for 1 year and have since reconciled. my brother-in-law is claiming that during that year I abandoned the property and I have no say in anything that took place in the house. I believe that since... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on May 2, 2019

Your brother-in-law is totally wrong. If you cannot amicably resolve the outstanding matters, then you will need to retain an experienced litigation attorney.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can I evict a couple in NJ for non payment even if they are in divorce proceedings ?
Leonard R. Boyer
Leonard R. Boyer answered on May 1, 2019

The divorce is totally irrelevant to any eviction.

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Probate for New Jersey on
Q: In Yesterday's Publication in regards to Wis.Stat. sec. 893.80{1}d , It is the reason that the defendants were dismissed

My Case No. 17-CV-106 in Rusk County used the same defense against my estate to get dismissed from the action . My case is on CCAP and I would like to know how it relates to Judge Andersons reasoning and Oral decision . Please call me at 860-460-7399 . Thank you , Hugh F. McCaffery , Jr.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 25, 2019

If you are wondering why lawyers here on Justia frequently advise people to consult with a lawyer who handles their issue it is because Justia is a free online legal forum established to allow members of the public to ask general legal questions. Most of the lawyers are very experienced successful... Read more »

1 Answer | Asked in Real Estate Law and Banking for New Jersey on
Q: I sold my NY home in Mar. & had paid school & town taxes in Jan. for the year 2019. Am I entitled to a partial refund?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 17, 2019

If you sold your house through a Realtor, lawyer, title company or other closing agent they should have given you a pro rata credit for the 2019 taxes you paid and an offsetting charge against the new owner's proceeds. Look at your closing statement.

1 Answer | Asked in Tax Law, Real Estate Law and Probate for New Jersey on
Q: Will I eventually have to pay inheritance taxes on my own equity investments on home owned by my insolvent mother?

My sister and I together inherited half a summer home from our father. Our mother owns the other half. We want to buy out our mother and we have the funds to cover her half of the equity. But we can’t get a loan to cover the remaining mortgage, because the property is a duplex, not our primary... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 1, 2019

There are at least four different but related legal issues involved here. One of the answers includes practical advice which if followed could eliminate all other issues. Consider hiring a good lawyer to help you chart a path through this minefield.

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Probate for New Jersey on
Q: We want to buyout our mother, but her name must remain on the dead. How can we make it so that she has < 1% ownership?

My sister and I each inherited 1/4 of a vacation property in Brigantine NJ upon our father’s death. Our mother owns the other half. My sister and I have been paying the mortgage for 5 years now and we want to invest a large amount of money on repairs and improvements. We want to buyout our... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 30, 2019

Your question is far too fact specific and beyond the scope of this forum. Your situation will require an in person consultation and detailed analysis. This is beyond the scope of what most attorneys would handle in a free consultation. This is a very complex situation, more so than you probably... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for New Jersey on
Q: We foreclosed a property in NJ through the tax lien. We have a final judgement. Can the owner heirs get the property?

The owner has died. We don't know if there were any heirs. How long do we need to wait before selling the property?

Leonard R. Boyer
Leonard R. Boyer answered on Mar 26, 2019

This is precisely the reason you should have retain an attorney. Did you check the Surrogate's office to see if this descendant had a will admitted to probate? You really need to retain an experienced NJ tax lien foreclosure attorney and have a complete document review during an in person... Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for New Jersey on
Q: We paid 3000 to move into home asked for CO was never provided now we find home wasn't inspected. What can we do? Sue?

We asked via text so there is documentation of several requests. Now landlord doesn't want to rent to us she says because we are asking her to repair too many things. She has stated she's not putting anymore money in the house (hence the reason there is no CO because failed inspection was probably... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 15, 2019

You can retain a litigation attorney to file suit against the landlord. An in person consultation and document review is necessary to obtain proper legal advice. Depending on the specific town the apartment is located in there may also be additional remedies available to you.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Are we able to back out of a contract that was supposed to close NOv 30,2018? And sue seller for all fees and damages(NJ
Leonard R. Boyer
Leonard R. Boyer answered on Feb 23, 2019

There is an insufficient factual basis to answer your questions and address your concerns. You need to retain an experienced civil litigation attorney to handle this matter and determine what your rights are.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: My father is trying to kick me out of my home. I’ve lived with my parents my whole life. I have done nothing malicious

I have done nothing malicious. I am 23 and on college. I am pregnant and my father is threatening if I don’t terminate the pregnancy he will kick me out of the house. I told him he needs written notice of eviction. Of course he then attempted to write it on a piece of paper which of course proves... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Feb 16, 2019

Your parents do not have to provide you with a home indefinitely. Your actions in getting pregnant without any financial support from the child's father is irresponsible on your part. There is no legal basis that I am aware of that would enable you to sue your father. Why are you staying at home,... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: have contract to purchase home and I the buyer have been told there are leases on property.

Contract has addendum which states no leases in place. where do I stand in this matter

Leonard R. Boyer
Leonard R. Boyer answered on Feb 16, 2019

Unless you retain an experienced attorney to represent you and there is a document review, nothing will be known and nothing can be done to help you.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Hi, I want to keep renting my apt and pay rent, but don’t want to sign a one-year lease due to noise above. Possible?

My lease agreement says under “no condition does my expired year lease become a month-to-month lease,” which is what I want, due to unreasonable noise from the apartment upstairs, which I have reported to the landlord.

The landlord has written to the tenant above me to quit making... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 8, 2019

Unfortunately you don't have many options, if you don't sign the new lease you can be evicted, the landlord does not have to give you a month to month lease, but check with your town.

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for New Jersey on
Q: Can someone commit a scam of selling you property?

I have two issues. My son put down payment on a piece of land in a remote area. He is supposed to pay the owner + pay the taxes every month until it's paid off. the owner will hold the deed until he pays it off. It doesn't seem kosher to me. My son does flip houses and is familiar with real... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Feb 1, 2019

Yes, scams happen all the time. I suggest you have your son set up a consultation with a lawyer as you have many questions here and obviously this will take some time and more information would be needed to answer these questions. Expect to pay that attorney for his time and advice.

2 Answers | Asked in Real Estate Law for New Jersey on
Q: My wife is requesting a durable POA to sell our home in a couple of years. Of what do I need to be beware?
Leonard R. Boyer
Leonard R. Boyer answered on Jan 28, 2019

Do not agree to sign any such document or you will lose your home and have nothing to show for it. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Few condo residents formed an unofficial Facebook group, posted our HOAs' finance numbers and discussed loans. Allowed?

Is this legal to post and discuss finance numbers of HOA and boards finance numbers without their permission or other unit owners permission on social media?

Leonard R. Boyer
Leonard R. Boyer answered on Jan 27, 2019

I guess you are looking to buy yourself a lawsuit. What are you thinking? The less private information you put on social media the lower your chances are of getting sued or worse.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for New Jersey on
Q: I own a 2 family home where I reside I rented one of the apts without my knowledge the tenant started a daycare

I own a 2 family home where I reside I rented one of the apartments my tenant decided that she could start a daycare without my permission or letting me know I found out because she told me the same day she started taking care of the kids. I told her that on our lease it stated she can’t run o... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 18, 2019

You need to retain an experienced landlord-tenant attorney to evict her. You could be liable for numerous code violations among other things.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.