New Jersey Real Estate Legal Questions

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154 legal questions have been posted about real estate by real users in New Jersey. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include easements, commercial leasing, and commercial real estate. All topics and other states can be accessed in the dropdowns below.
New Jersey Real Estate Questions & Legal Answers
Do you have any New Jersey Real Estate questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 154 previously answered New Jersey Real Estate questions.

Recent Legal Answers

How can i break a 25 year solar lease I had to take over from a previous owner to allow me to purchase my home.

Answered 2 years and 4 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More

Do I have a chance of filing Lis Pendens?

Answered 4 years and 4 months ago by attorney Karl J. Norgaard   |   1 Answer   |  Legal Topics: Real Estate
Ypou can only file a Lie Pendens if the claim relates to the title to the proeprty.  You cannot file a LP for monetary damages only.  You could file a LP if you wanted to close on the sale and filed an action for specific performance..
Ypou can only file a Lie Pendens if the claim relates to the title to the proeprty.  You cannot file a LP for monetary damages only.  You... Read More

Who is responsible when an addendum is left out of master condo deed at settlement?

Answered 4 years and 8 months ago by attorney Karl J. Norgaard   |   1 Answer   |  Legal Topics: Real Estate
Do you have title insurance?
Do you have title insurance?

I am a landlord and I just bought a new rental property, do I need to give a notice to the tenants that the rent will be increased

Answered 8 years and 3 months ago by Edward P. Shamy, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
This question is a bit more complex than it might initially appear because you are talking about giving the Tenant a new lease and also talking about raising the rent.  To be sure your rent increase is effective you must first determine if there are any rent control regulations in the municipality in which the rental property is located, and of course comply with those limitations, if they exist. You should send a separate notice via regular and certified mail advising the Tenant that the rent will be increased to $XXX effective on such and such a date.  If you haven't sent a notice yet and if the rent is due on the 1st of each month, then the rent increase cannot take effect until October 1, 2016, assuming the notice is received by the Tenant before September 1, 2016. Sending a separate notice is important becuase if the Tenant fails to sign the new Lease the rent incrase will not be in force unless you've sent a separate notice advising the Tenant of same or unless you've incorporated the notice into the cover letter by which the new lease was sent to the Tenant.  ... Read More
This question is a bit more complex than it might initially appear because you are talking about giving the Tenant a new lease and also talking about... Read More
You should try to sell the timeshare through a liquidator.  Contact the company managing the time share and see if they will handle the sale.  You can also try to offer the weeks you have availble for sale and see if anyone will rent your time share to help with the costs. 
You should try to sell the timeshare through a liquidator.  Contact the company managing the time share and see if they will handle the... Read More

do i have to wait for this date to pass before filing a lien against the property?

Answered 9 years and a month ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
You can put a lis pendens on the property as part of the settlement, but you would be better off going back to court and asking to foreclose on the settlement and forcing the sale of the property now that the time has run out.   
You can put a lis pendens on the property as part of the settlement, but you would be better off going back to court and asking to foreclose on the... Read More
If you add your sons names to the deed it might not affect the tax freeze as long as your names remain first on the list.  However, it depends on why you received the freeze, and if the requirements of our particular property tax freeze require that only those eligible fo rthe freeze are on the deed.  ... Read More
If you add your sons names to the deed it might not affect the tax freeze as long as your names remain first on the list.  However, it depends... Read More
There are liqudation companies that will facilitate in the sale of timeshares.  You should look on line for a broker, and see if you can get rid of the time share.  Also - if there is a term of years, it may be easier to sell.  
There are liqudation companies that will facilitate in the sale of timeshares.  You should look on line for a broker, and see if you can get rid... Read More

Sheriff Sale and HOAs

Answered 9 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
If your condo sold to someone else,  I would not pay the HOA fees.  I am sure at some point you are going to be evicted, and the new owner is responsible for the HOA. 
If your condo sold to someone else,  I would not pay the HOA fees.  I am sure at some point you are going to be evicted, and the new owner... Read More
The con is she becomes half owner of the house, and if things don't work out, she owns half of your house.  Im not sure what a pro would be other than the gesture of showing your commitment.  I know married people who don't have their spouse's name on the deed, as the house was a pre-marital asset.  ... Read More
The con is she becomes half owner of the house, and if things don't work out, she owns half of your house.  Im not sure what a pro would be... Read More

My mom and mom aunt both own a piece of land that they have given to me that I have been playing the taxes on. What do I do to transfer the deed?

Answered 9 years and 5 months ago by Edward P. Shamy, Jr. (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Real Estate
If the property is in both your mom's and your Aunt's name, I'd suggest that you hire counsel to order a title search and prepare the Deed for you.  Until a Deed is executed and recorded in your name, you have no legal claim to the property. If either of the grantors lived in the property with a spouse, the spouse may also have to join in signing the Deed to convey title to you. It's important that a title search be performed so that any liens or judgments can be resolved now to ensure the title in your name is clear. I would strongly suggest that you move ahead on this now, so that the transfer is completed when the Grantors are both alive and of sound mind, otherwise, the property you believe is yours could pass to someone else or be shared with others pursuant to a Will, or in the absence of a Will, by intestate succession.  ... Read More
If the property is in both your mom's and your Aunt's name, I'd suggest that you hire counsel to order a title search and prepare the Deed for... Read More

Can't pay property Tax

Answered 9 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
You won't loose your house over that amount.  First there has to be a tax sale - that means an outside investor comes in, pays the taxes, and then gets a lien against your house.  Two years after buying the tax sale certificate, the investor can require payment or can force the sale of the house in order to get payment.  If your father refuses to sign the deed, you can go to court on a Motion to enforce litigant's rights, and get a court order that can be used in liue of his signature.  ... Read More
You won't loose your house over that amount.  First there has to be a tax sale - that means an outside investor comes in, pays the taxes, and... Read More

ALMANZAR V. SELECT PORTFOLIO SERVICING, INC.

Answered 10 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
There is not enough informationin this question to provide a specific, knowledgeable answer.  If your participation does not cost you anything, and you otherwise cannot independently provide for the litigation then as a general answer, I would say yes - join the existing class action suit.... Read More
There is not enough informationin this question to provide a specific, knowledgeable answer.  If your participation does not cost you anything,... Read More
You need to proceed with caution.  If ou have not yet purchased the unit, ask for a seller's concession, getting some money back or off the price of the unit in order to fix the mold issue.  You should not take possession of the unit if there are mold issues.  Either the Association should fix the problems, or reduce the price to give you the funds to fix the problems.  ... Read More
You need to proceed with caution.  If ou have not yet purchased the unit, ask for a seller's concession, getting some money back or off the... Read More
If you are telling the truth, you will not get in trouble.  What you say can't be slanderous - like he's a crook - but you can say you invested moeny with him and he lost it.  Also - file a claim against him in court.  Even if he has nothing now, he might some day and maybe you can get back some of what you lost.   Good Luck.  ... Read More
If you are telling the truth, you will not get in trouble.  What you say can't be slanderous - like he's a crook - but you can say you invested... Read More

I received a termination of lease notice in NJ

Answered 10 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
Since ou don't have a formal lease agreement, it is hard to say what the expectations are for both parties.  If you left the apartment early, you should have sent a written notice to your landlord, and indicated that you were only paying for the occupancy, and if there are not objections then you are good to go.  Good Luck. ... Read More
Since ou don't have a formal lease agreement, it is hard to say what the expectations are for both parties.  If you left the apartment early,... Read More

I have not been able to pay my rent for 3 months and I have court tomr

Answered 10 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
There is not enough information here to answer a question.  If you did not pay your rent you may be subject to eviction. You will be able to ask for rental assistance from the county board of social serivces, and to seek emergency housing.  You will also be given the opportunity to pay the rent or make an arrangment with the landlord. Good luck.    ... Read More
There is not enough information here to answer a question.  If you did not pay your rent you may be subject to eviction. You will be able to ask... Read More

Condo homeowners association post bankruptcy

Answered 10 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
I'm not sure I can answer your question based on the information you provided.  If the lawsuit is about payment of fees, those fees can be included in the banruptcy.  If you have lost the property due to foreclosure, then it is the mortgage company that will owe the condo fees.
I'm not sure I can answer your question based on the information you provided.  If the lawsuit is about payment of fees, those fees can be... Read More

can we get high interest rate if i add my name in the house with my husband?

Answered 10 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
You can have the deed changed and not change the mortgage and not change the interest rate. 
You can have the deed changed and not change the mortgage and not change the interest rate. 

Change the name on a deed

Answered 10 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
This is very easy.  You will need your late wife's death certificate. An attorney can prepare a new deed.  In my office the approxiamte cost would be $500. 
This is very easy.  You will need your late wife's death certificate. An attorney can prepare a new deed.  In my office the approxiamte... Read More
You can go back to Court and get a court order allowing fo rthe buyout of the house.  She probably wont take it off the mortgage because she thinks she can get more money if its sold to a new buyer.  You can file a motion with the Court yourself and ask for an order allowing you to buy her out of the property. ... Read More
You can go back to Court and get a court order allowing fo rthe buyout of the house.  She probably wont take it off the mortgage because she... Read More

My mother wants to include me on the deed

Answered 10 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
That doesn't sound right to me.  If your mother has given your step sister power of attorney, that doesn't mean that she can't do things for herself.  She still has the right to make her own decisions and if she wants to ass you to the deed she can, but your step sister may have to also sign the deed.  ... Read More
That doesn't sound right to me.  If your mother has given your step sister power of attorney, that doesn't mean that she can't do things for... Read More
Whether or not you can live in the property will depend on what the property is zone dfor and what the town will allow you to get a certificate of occupancy for.  You should call the town zoning officer and ask those questions. 
Whether or not you can live in the property will depend on what the property is zone dfor and what the town will allow you to get a certificate of... Read More
you can file a claim in small claims court, and if you get a judgment, you can docket the judgment as a lien against personal property.  You cannot just impose a lien without some judicial ruling that the money is owed. 
you can file a claim in small claims court, and if you get a judgment, you can docket the judgment as a lien against personal property.  You... Read More

In NJ, is a tax lien required to be paid before the transfer of deed?

Answered 10 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
Yes - the tax lien must be paid in order to provide clear title to the property.  you must call the town and get a final payoff amount for the tax line, pay off same, and provide proof that it was paid by obtaining a release.  all of this must be done in order to sell a property and pass lcear title to the new owner.... Read More
Yes - the tax lien must be paid in order to provide clear title to the property.  you must call the town and get a final payoff amount for the... Read More