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New Jersey Real Estate Law Questions & Answers
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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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I am disabled, 57 years old and a single female. I have been living in a 55 + condo for 20 yrs . About a year & 1/2

ago, my daughter and my 2 young grandchildren (ages 5-6) moved in with me due to domestic violence . She has a final restraining order. I have been taking care of them while my daughter worked.

I have a physical disability (spinal stenosis) and a traumatic brain injury from a serious... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 29, 2023

A summons is merely notice that a complaint has been filed with the Court. You failed to state if a complaint was annexed to the summons. If you are the owner, you must comply with the HOA documents. A complaint would mention what acts are in violation. So it is difficult to describe what you must... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for New Jersey on
Q: Upon signing the lease the landlord knew we were getting VA rental assistance, he agreed to let us move in. And wait.

Then he was non compliant with the assistance requests and was not only marked as ineligible for further funding, we were approved but he is the reason he is not getting paid, so he filed eviction stating that agreement was not in the lease but there is a whole paper trail in emails of his... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 18, 2023

There is no self help in NJ by Landlords for residential property. So in order to evict you, he must comply strictly to the statutory requirements for eviction. If he does so, you will be able to present your side of the story to the Judge.

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Do I need permission from the other joint tenant (both own 50%) to divide my half with my two sisters (each 16.6%)?

The property is in the Bronx and I am one of two joint tenants with 50% ownership each.

Morris Leo Greb
Morris Leo Greb
answered on Mar 15, 2023

Since the property is in the Bronx, it is subject to the property statutes and decisions of the Courts and State of NY. Therefore, you should consult with a member of the New York Bar.

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3 Answers | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: Can a township take a private business which also is owner of the building away using eminent domain?

The business had been brought up to code and is a very busy working business AKA bar and grill.

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

Much more information is required before a cogent answer can be given. Generally, government agencies have the power of eminent domain. However, very strict procedures must e followed and the property owner must be paid for the property taken.

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2 Answers | Asked in Real Estate Law for New Jersey on
Q: Hi, I am planning to purchase a property in NJ and I am married. I had a question on the contract and deed.

If it’s only me signing the purchase agreement as the buyer and I also only sign the deed, does he automatically get added to the deed due to marriage?

Morris Leo Greb
Morris Leo Greb
answered on Mar 6, 2023

As a buyer you do not sign the deed. Reading your question indicates that you have no familiarity with the process of transferring title. I suggest you retain an attorney with real estate experience.

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: My ex bf moved out in 2019 but our names are both on the mortgage and title. What are my options? I've paid all bills.

He has never paid for anything. My debt to income ratio is not good enough to convince the lender to put the mortgage in my own name but I can continue to still pay for everything on my own. I am afraid that he will demand to be bought out or to be able to move back in whenever he wants. In 2019 I... View More

Morris Leo Greb
Morris Leo Greb
answered on Mar 5, 2023

Your question poses a number of complex issues which may involve litigation. I strongly suggest you make an appointment with an attorney who practices is experienced in relationship issues.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Proper FORM, to deposit 10% of real estate (a home) property, in Puerto Rico, for a non resident.

My mother deposited 10% of the sale monies for her property in Puerto Rico. The real estate agent and accompanying attorney couldn't get information from Haciendas in PR. The money has been held by Hacienda for over a year - what is the correct form that should have been used for this deposit... View More

Morris Leo Greb
Morris Leo Greb
answered on Feb 6, 2023

Speak to an attorney who is a member of the Puerto Rican Bar Association. It would a plus if the attorney were also a member of the NJ bar.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: In New Jersey, can I send a lease termination letter to my month to month tenant simply because I want to sell?

Tenant had been on a one year lease about four years ago, we never renewed or offered renewal and so I believe she is now "month to month" essentially. In New Jersey, can we simply send her a lease termination letter with proper notice? Or do we need "good cause" to do so? We... View More

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

Yee, you may send such a letter. Be sure that it is given prior to the commencement of the Next month's term. Further it should provide a minimum of 30 days notice to vacate.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: What if I am leasing a property and I have 20 more years on it and they are forcing a termination and my owner is forced

Is forced to sell. Does my lease still hold up?

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2023

Without knowing a significant amount of additional information and document review it is impossible to provide a meaningful answer. This is also something that would be well beyond the scope of a free consultation, so you should expect to pay for about an hour of attorney time. With modern... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: do you have to record a quitclaim deed in New Jersey in order for it to be valid?
Morris Leo Greb
Morris Leo Greb
answered on Jan 12, 2023

If the deed is not recorded, it is not notice to the world that title has changed. It may be valid as a transfer of title only as to the grantor.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Business Formation for New Jersey on
Q: what is the new jersey equivalent to CA Civ Code § 3412 (2020) (cancellation of instruments)
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2022

Unless an attorney is licensed in both CA and NJ they cannot provide you with a meaningful answer.

1 Answer | Asked in Business Law and Real Estate Law for New Jersey on
Q: What is selling asses on a transfer a 1031 exchange can I take a portion of the capital gains profit and use it.
Morris Leo Greb
Morris Leo Greb
answered on Dec 20, 2022

Speak to a CPA for an analysis of the tax implications of your question.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Approximate cost of legal services in nj to handle the sale of home if I sold my own home
Morris Leo Greb
Morris Leo Greb
answered on Dec 5, 2022

The fee for my legal services is $950.00. There are also some disbursements that you will be required to pay such as a document preparation fee, cancellation/discharge fee for each mortgage you may have mortgage that exits if any, fee to municipality for smoke detector fee, if required by... View More

1 Answer | Asked in Family Law, Real Estate Law and Probate for New Jersey on
Q: I want to present the NJ Law on Adm'n of Estates for Reprobate in the Philippines. Where can I get an official copy?

The Philippine law on evidence requires an authenticated copy of the said law to be presented in court as proof of said foreign law. I am wondering how to obtain said official copy. Is it enough to print it myself and have the same Apostilled before the NJ Dept of Treasury, or is there a proper... View More

Morris Leo Greb
Morris Leo Greb
answered on Dec 5, 2022

Either from Justia.com or Thomas Reuters that owns Westlaw. West Publishing is located in Eagan, Minnesota.

2 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for New Jersey on
Q: My mortgage company (with escrow) did not pay my property taxes and property was sold at tax sale. What is my recourse?

My original loan provided paid taxes on both lots listed on the deed. A third party then bought my loan and in the escrow account they only paid taxes on one of the lots on my property. The other lot went unpaid for a year and then was sold at a tax sale.

I understand I have a redemption... View More

Morris Leo Greb
Morris Leo Greb
answered on Nov 23, 2022

Speak to a real estate attorney to discuss what action you might pursue.

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1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: What happen when an initial deed is showered in April 84 and records show it was assigned in May 1984 .

Both companies are no longer around to show what happen to that assignment . However in 1986 a mortgage is showed and discharged with another company that’s no longer around. Reached out to company that it merged with and they have no record of the property. Through research all patterns show... View More

Morris Leo Greb
Morris Leo Greb
answered on Nov 22, 2022

Speak to a real estate attorney. There is a statutory provision to resolve this issue.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: How can land be removed from the farmland preservation program in NJ. Can we sue? What are reasons to have it removed
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2022

You are going to need to find a real estate litigation attorney, who specifically practices in that area of law. Use Justia to search for an appropriate attorney. Good luck.

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