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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for New Jersey on
Q: Discharged Bankruptcy 2014. Mortgage current. Can my mentally handicapped son stay in house with sister after l die?

My son is 41. he is a Medicaid recipient. Born disabled. his sister will be the caregiver. My wife is in a nursing home, she has Dementia. She is also on Medicaid. My health is failing. Does my daughter need to sell the house?

Leonard R. Boyer
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answered on Nov 21, 2017

Without more information, it is not possible to answer your questions and address your concerns.

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for New Jersey on
Q: As a mortgagee what is the procedure to fully execute a deed in lieu of foreclosure when the mortgagor is in default?

This is in regards to a commercial mortgage held in New Jersey. I'd also like to know how long this process takes and how much time the mortgagor has to fight it/draw out any proceedings.

Leonard R. Boyer
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answered on Nov 19, 2017

Mortgage foreclosure is a very technical area of law. It requires a lender who forecloses on a property to follow very strict procedures. If you do not retain mortgage foreclosure counsel, you will probably not be able to successfully foreclose.If the borrower retains experienced mortgage... View More

2 Answers | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: A home that I was on deed and in process of putting my name on mortgage my lawyer did not file proper papers house sold

Is there anything I can do?

Derek John Soltis
Derek John Soltis
answered on Nov 18, 2017

You should talk with an attorney as soon as possible that understands foreclosure law and bankruptcy. You may be able to redeem your home, but your time is limited.

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2 Answers | Asked in Foreclosure, Municipal Law and Real Estate Law for New Jersey on
Q: An 81 year old woman hoarder has been cited by Barrington NJ health department, but can't afford to clean up property

She lives on Camden Police pension and VA disability pension with no savings. She has reverse mortgage probably with negative equity. How can she get out of the property ownership and avoid being continually fined for it's violations.

Michael David Siegel
Michael David Siegel
answered on Nov 9, 2017

She can just walk away and move.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: In New Jersey, Real Estate " as is " in purchasing a home does it have to be livable conditions.

Realtors have stated this no longer applies since the real estate crash." Livable conditions"

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 9, 2017

In general no, but different towns can have different rules and different types of real estate may have different conditions so the real answer is it depends and your attorney should be the one to evaluate your situation and will charge you for this.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Can an accountant file eviction notices here in nj
H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 5, 2017

It should be done by a lawyer to make sure you have a proper reason to file the action otherwise you can set your cause back and possibly be open to a civil damages.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can I put my daughter on a property deed in Newark New Jersey?
Leonard R. Boyer
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answered on Nov 2, 2017

Yes, you can add anyone you want to a deed. However, you create unknown risks for yourself by doing so.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can I transfer half of my second home deed to my daughter who lives in the property? I ma not a resident of New Jersey.
Leonard R. Boyer
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answered on Nov 2, 2017

You can easily do so if there is no mortgage on the property, if there is a mortgage, your situation will become a lot more complex.

1 Answer | Asked in Family Law, Foreclosure, Real Estate Law and Landlord - Tenant for New Jersey on
Q: How much money do you need to rent a home? Or does it even matter?

It's my friends first time doing things on her own I'm just trying to help. They gave her a paper to fill out it required her to put bank information and she isn't sure if it's necessary to have a certain amount of money in the bank.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 30, 2017

IN general the determining factor for most landlords is not how much money you have in the bank, but how much you earn and what are your expenses.

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Can you be required to move from your home before the closing date?

My mother is selling her home. The closing is Nov. 30, 2017. Her real estate agent just told her that she must vacate her home by Nov. 15 or she will be in violation of the contract. Can she be forced to leave? Also, she never received a copy of the contract--is that legal?

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 26, 2017

If she never saw the contract are you sure you have a contract for the sale of the property as it must be signed by the owner, actually having a copy of the contract is not that critical. If you have a lawyer ask your lawyer this question and if she does not I think you need to get one ASAP as you... View More

1 Answer | Asked in Consumer Law, Family Law, Real Estate Law and Landlord - Tenant for New Jersey on
Q: I've been living month to month on a two family house for over 15 years. House is being sold and new owner wants

both units empty. I have two small kids currently living with me. Is it legal for the new owner to kick me out even tho i dont have a lease with the old owner ? And how much time do I have by the law to leave the premises ? Thanks

Leonard R. Boyer
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answered on Oct 25, 2017

Yes it is legal. The new owner has no obligation to you, nor does the former owner. Good luck.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for New Jersey on
Q: My son settled on a house in 2004. The deed was recorded 2005. 2013 he married and has 3 kids. If divorced would wife ge

If a divorce occurs would she get any part of house?

Bari Weinberger
Bari Weinberger
answered on Oct 25, 2017

Hello and thank you for your question. I will certainly try to give you the best information, here, but more information regarding your son and the marriage would be needed for a really detailed answer. With regard to property division and divorce, New Jersey is what they call and equitable... View More

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1 Answer | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for New Jersey on
Q: Should and am i aloud to wait close to the 90 days to show the bank my bonafidlease if my landlords property is foreclos

I am a tent who resides in a town house in nj and i have a lease active about a month before the bank forclosed on my landlord! I was just notified that the action was finalized. I was obviously not aware until now about landlords situation. I called the bank as told to verify i was a tenant. Now... View More

Derek John Soltis
Derek John Soltis
answered on Oct 20, 2017

As a tenant you have rights. You should talk with an attorney to go over all of your options.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I live in Bergen Cty and on pay my rent online thru their portal i never physically resigned a lease

i want to move to a nicer place and online it states my lease was up in july (from july 16 to july 17) they are a shady outfit and i have proof of fire alarms not up and now roaches i just want to move can i move with just giving them say 30 days notice and they also took 2 and 1/2 months security... View More

Marcel Wurms
Marcel Wurms
answered on Oct 16, 2017

If they took 2 1/2 months rent, they are shady. The law only allows for 1 1/2 months.

Once your lease terminates, it becomes a month to month lease. Unless your lease provides for more, 1 month's notice is all you need to provide your landlord.

Disclaimer: The provided...
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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for New Jersey on
Q: the apartment I moved into was not cleaned or painted, as agreed on the lease. What can I do?

On move in day, I stopped my move because of the filth but was told, by the landlord, via phone, that she would take care of it later. The lease says "unit" will be painted. Only the walls were painted and not any trim. Baseboards, doors, ceilings, and cabinets are filthy and chipped.... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 14, 2017

You are probably out of luck if she has a receipt that she used a professional cleaner to clean the apartment and unless you stated what was going to be painted you may also lose on that one also.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I have a question about a late fee, if my rent was postmarked for the 4th and we have a senior citizen grace period

is it late? The management company wants to charge me $50.00 because they received the rent on the 9th am I liable I have proof the rent was mailed on the 4th of the month

Marcel Wurms
Marcel Wurms
answered on Oct 11, 2017

First, this section is only applicable if you are receiving social security or other government pensions in lieu of Social Security, disability benefits, SSI or Work First NJ benefits.

The rent has to be received within five business days of the due date. Unless your lease has a provision...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Condo I rent is in foreclosure. In current lease until April 2018. Do I still owe rent to my landlord?
Marcel Wurms
Marcel Wurms
answered on Oct 10, 2017

You must continue making rent payments until you're otherwise directed by the present owner, or you receive notice that title has been transferred to the bank.

Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of...
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2 Answers | Asked in Real Estate Law for New Jersey on
Q: I am selling a lot. Buyer paying cash. Can I get two checks from the title company holding settlement?
Marcel Wurms
Marcel Wurms
answered on Oct 10, 2017

Shouldn't be a problem. Just speak with them.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: When does property that was willed to me become mine? It is still deeded under my father's name.

Unfortunately, there are many repairs to be done before I can put the house up for sale. I was thinking about getting an inheritance loan if possible.

Marcel Wurms
Marcel Wurms
answered on Oct 5, 2017

The property "officially" becomes yours once the personal representative of your father's estate executes a will. There may be several other things that need to be done to give you clear title. You will need to receive an inheritance tax waiver from the NJ Division of Taxation.... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can an HOA prohibit school vans transporting kids w/ disabilities (mandated door-to-door on IEPs) inside the community?
Marcel Wurms
Marcel Wurms
answered on Oct 4, 2017

This question is a first for me. I'm not positive, but it sure sounds like it would be against public policy and also a violation of the ADA. But to be sure, the HOA's rules and regulations would have to be reviewed.

Disclaimer: The provided information is for informational...
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