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New Jersey Real Estate Law Questions & Answers
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... View 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... View 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
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.

1 Answer | Asked in Criminal Law and Real Estate Law for New Jersey on
Q: my 39 year old son is conspiring with a lawyer to defraud me....the lawyer has my son spying on me to get me out of my h

the 39 has sensors all over the home...he has no car, no job, no degree, no friends...he goes to therapy

they want to cash in the home and leave me on the street..how can i prosecute?

can i get an ejectment ? an iron clad trust? file for conspiracy and fraud?

Debra Kradjian Stephans
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answered on Apr 5, 2024

I am sorry to hear this. Are you the sole owner of the home? Does your son live with you as a tenant and stopped paying rent? If your son does not own the home and does not have any type of lease with you, you could seek to have him removed from your home. However, it is best to consult with an... View More

1 Answer | Asked in Real Estate Law and Municipal Law for New Jersey on
Q: Land adjacent to my proprty was a paper St. for 40 years. Now a lot, and avail 4 sale. Shouldn’t it go to adjcnt owners?

Shouldn’t it have gone to the adjacent owners when the street idea was abandoned and not become a lot? What is the law for ownership of paper streets in NJ?

Matthew Schutz
Matthew Schutz
answered on Dec 4, 2023

There is not enough information to give you a definitive answer. There are two possibilities. If the right-of-way is an easement for the public road, then you have a claim. If the right-of-way for the road was sold to the municipality outright, then you do not. You would need to have the title... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can deed restrictions from a past deed be enforced if they were not on the deed provided at closing?
Anthony M. Avery
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answered on Nov 13, 2023

Hire a NJ attorney to search the title. It sounds like there are covenants that run with the land even if they are not in a later deed conveyance.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: should the unit owner be responsible for damage inside the unit that was caused by a clogged pipe inside a wall outside

between several floors.

Leonard R. Boyer
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answered on Jul 24, 2023

If you are in a condo or coop then they are liable. But if the unit owner deliberately clogged the pipe, then the unit owner could also be liable. In this type of case, I would personally sue all possible Defendants. With modern technology, you can be represented by any high-quality attorney in New... View More

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Payment agreement for community/lake maintenance 'allegedly' present on original deed ~1950s no longer present.

Limitations on deed agreements no present on current deed. No present HOA or similar contract. No inclusion of payment agreement on current issued deed.

Morris Leo Greb
Morris Leo Greb
answered on Jul 21, 2023

Unless the obligation was deleted by a recorded instrument, the rights to collect belongs to the successors in title.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: A sheriff's eviction is scheduled for 7/15. Can I get an extension?

Technically, I'm a squatter vs. a tenet as I sold the house to a realty company. I simply need 1 week, 2 weeks at most to secure housing. I am a 62-year old woman on disability. I live well below poverty line and finding new home has been challenging. I have no intention of staying/squatting,... View More

Morris Leo Greb
Morris Leo Greb
answered on Jul 12, 2023

Yes, you may ask the sheriff to postpone the sale.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Husband & Wife with her brother purchase a 2 family home in 1970. They pass. Her brother & son occupy home. Home dispute

Her Son has parent's 2/3 ownership. Son found out 2019, Uncle reported Notice of Settlement in county record without Son's knowledge. What can the Son do

Morris Leo Greb
Morris Leo Greb
answered on Jun 9, 2023

In order to respond to this question more information is required. Was the property owned as joint tenants or tenants in common, did the husband and wife die testate or intestate, did the husband and wife convey their interest to the brother?

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Fence contractor has “not responsible for sprinkler damage” in accepted estimate, then damage’s neighbors. Who’s liable?

Fence contractor has “we are not responsible for any irrigation damage if any” in accepted estimate. Upon installation damage’s neighbors sprinkler line. Advised contractor both verbally and in writing that irrigation lines were in area and to take care. Who’s liable for the damage?

Morris Leo Greb
Morris Leo Greb
answered on Jun 8, 2023

Call and inform your home insurance company. Then call your attorney, If neighbors sprinkler system was on your property then the neighbor is responsible. If the damage to the sprinkler system is on neighbors' property then sprinkler installer is responsible.

2 Answers | Asked in Real Estate Law and Environmental for New Jersey on
Q: Hello. I have an issue with my neighbor who is pushing me to remove healthy tall oak trees on my property.

Hello. I have an issue with my neighbor who is pushing me to remove healthy tall oak trees on my property. Neighbor is assuming that these trees are dangerous and can fall any time soon and present nuisance. I got verbal consultation from tree professional NJ licensed arborists. All of them... View More

John Michael Frick
John Michael Frick
answered on Jun 7, 2023

Have the licensed arborists you consulted put into writing that the trees are healthy and do not present a danger. If you are contacted by the attorney, send that written opinion from the licensed arborists to the attorney and say you have no intention of removing healthy tall oak trees from your... View More

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1 Answer | Asked in Divorce and Real Estate Law for New Jersey on
Q: Can my spouse change the structure of the deed to our co-owned home before or after we get divorced?

My spouse and I are co-owners on our house deed and we are in the process of getting a divorce. Can my spouse change the structure of our deed before or after we get a divorce from ‘Joint Tenants Rights of Survivorship’ to ‘Tenants in Common’ without my permission so that if he passed away... View More

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

No

2 Answers | Asked in Real Estate Law for New Jersey on
Q: In N J can an HOA borrow from the Capital Reserve to pay insurance premiums?
Leonard R. Boyer
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answered on May 28, 2023

That will be dependent on the by-laws and what is allowed. There is no way to answer your question with so little information and with the most important document missing.

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1 Answer | Asked in Divorce and Real Estate Law for New Jersey on
Q: How do I remove my name from a mortgage if my spouse can’t or refuses to refinance and only he is on our house deed?

My yet-to-be-divorced spouse wants us to sign an agreement whereas he will pay me a sum of money to remove myself from our house deed. We would both remain on the mortgage but he would assume full payments for a year at which time he agreed to refinance to remove me from mortgage. What if after a... View More

Leonard R. Boyer
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answered on May 25, 2023

This is a very complex situation that would exceed what most attorneys will include in a free consultation. You really need to retain an attorney who is experienced in both matrimonial law and civil litigation, as well as mortgage foreclosure defense. There are too many moving parts to provide a... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Federal lien prior to acquiring property

If someone has federal tax liens prior to acquiring another property then selling it. Are the prior ones attached or just while in Title?

Anthony M. Avery
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answered on Apr 19, 2023

If a purchaser has recorded FTLs in a certain County and buys land in that County, the FTL immediately encumbers the land. Each FTL should have the expiration date printed on its face. Such a buyer needs an attorney on how to proceed.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Federal lien prior to acquiring property
Morris Leo Greb
Morris Leo Greb
answered on Apr 19, 2023

While no question was asked. So as a general answer, the federal lien remains. The property is subject to that lien. The lien may be enforced against the property even though presently owned by a third party. If you were represented by an attorney, a property search should have been ordered which... View More

3 Answers | Asked in Divorce and Real Estate Law for New Jersey on
Q: Is a notarized document signed by both parties legally binding in court?

Selling a home. Both parties signed a document agreeing to sell and it was then notarized. Parties are divorced. Home is under wife’s name and mortgage as well for over 20+ years. House is pending sale and under contract. Now the ex-husband is saying he won’t sign for the sale of the home. Can... View More

Richard Diamond
Richard Diamond
answered on Mar 29, 2023

You need to speak with an experienced divorce lawyer as to the document signed and whether it can be enforced by an application to the court. You also need to discuss with the lawyer, the reason why your ex refuses to cooperate with the homes sale.

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