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New Jersey Real Estate Law Questions & Answers
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.

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 Divorce, Real Estate Law, Domestic Violence and Libel & Slander for New Jersey on
Q: In New Jersey, if a two people buy a house together, how is the ownership divided if contributions were not equal?

In this scenario, the people in question got divorced before the house was purchased, however they lied on their bank application when getting the loan, and said they were still married.

Now the ex wife who has contributed only a portion of the initial downpayment and no mortgage payments... View More

Morris Leo Greb
Morris Leo Greb
answered on Oct 19, 2022

Since you were not married when you purchased the property, you are tenants in common. If the deed does not mention the specific ownership interest of each party, you each have a 50% interest in the property.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: In NJ, I live in a HOA condo association. The board members built a play area in a designated floor area.

And send an email stating all kids/adults can play baseball. This is a breach of contract that states this is a private residence with a no annoyance rule. A class-action suit is being actioned. Who can take this case?

Morris Leo Greb
Morris Leo Greb
answered on Oct 17, 2022

Anyone who owns an interest in the Association can file suit. There are specific requirements to file a class action suit. However, a number of owners can file as plaintiffs.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: Who is responsible for retaining wall in nj?

My neighbors property is about 10 ft above my level and the retaining wall is falling off. They want me to help pay for its repair.

Morris Leo Greb
Morris Leo Greb
answered on Sep 26, 2022

The owner of the property on which the retaining wall is located. The exact position of the wall should be shown on the survey of the property. Any questions about the construction should be addressed to the municipal building inspector.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: Is the executor of a Real Estate Trust required to act quickly in selling the home? Should they notify us along the way?

Real Estate trust in NJ

What is the timeframe to sell? Should we be notified of the listing of home or price?

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

The executor has time to sell the property when the executor feels it is the best time for the benefit of the Estate.

1 Answer | Asked in Real Estate Law and Contracts for New Jersey on
Q: Dvlp contracted my house cash as-is. 5 mo later ( buyer delays), just sent email, no financing, can i keep deposit?

Cost us over $100,000, continued property tax and maintenance and change of market due to rising interest rates. Kept telling us town issues, NOT, other issues, not ours. Talking about finally closing in a week , then Monday got a text saying the deal was over as he couldn’t get financing. It... View More

Morris Leo Greb
Morris Leo Greb
answered on Sep 20, 2022

Yes, but I suggest you write to contract purchaser that you are declaring that the buyer has violated the terms of the contract. Further, you are keeping the deposit in satisfaction of the losses you have suffered by buyers' failure to perform.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Closing on a house but seller can't vacate. An occupancy agreement was suggested. Should we tell our mortgage lender?
Morris Leo Greb
Morris Leo Greb
answered on Sep 10, 2022

I believe allowing a seller to remain in the premises after closing is a very bad idea. If the Seller can not meet the closing date, postpone the closing. Provide in the postponement that Seller shall reimburse you for any costs you may be subject to as a result of Seller's inability to meet... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a person who pays his federal and state taxes in Florida be on a board of trustee in a NJ HOA

I should mention t in the state of Florida

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

If you meet the qualification requirements of the organic documents set forth the HOA documents, you may be a member of the Board if Directors,

1 Answer | Asked in Divorce, Family Law, Foreclosure and Real Estate Law for New Jersey on
Q: I was awarded my home in the divorce. I had 60 days to refinance the balance on the mortgage. My ex was to facilitate

That 60 was extended indefinitely until I could close. He signed that agreement. He now sold home to an investor who has been harassing me to get out. Ex got a Judge to agree to throw me out a 66 year old severely disabled person. no eviction/ejection or any requests to vacate have been properly... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2022

Due to your financial problems, contact New Jersey Legal Services for an attorney.

2 Answers | Asked in Real Estate Law for New Jersey on
Q: Does NJ state have a law requiring sellers to provide a surveyor report to buyer/mortgage company during a home sale?
Matthew Schutz
Matthew Schutz
answered on Aug 15, 2022

The short answer is no. It may be that your bank or mortgage company requires a survey in order for them to complete the application evaluation process and to ensure that there are no encroachments on the property that would affect their lien.

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2 Answers | Asked in Real Estate Law, Foreclosure and Tax Law for New Jersey on
Q: Can a town lien in New Jersey add charges after they sold a lien to an investor that certified there were no charges?

Essex County, Township Of Irvington

I owed a lien purchased in December 2016 which certifies that there were no charges before or pending after attached to this lien or property. After paying the taxes for 4 years the city said in 2020 said they "forgot" to add cleaning charges... View More

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

It depends whether or not a Municipal Tax Search was ordered and received and the information contained. Speak to the title company you used to check title before actually purchasing the lien and the insured the transaction.

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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
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... View More

Morris Leo Greb
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
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
H. Scott Aalsberg
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... View 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... View More

Morris Leo Greb
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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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.

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