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 - Page 2
Do you have any New Jersey Real Estate questions page 2 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

Each trust is unique and its impossible to say whether or not its the same as any other type of trust.  If you own property in a revocable living trust, that does not cause you to need an attorney to represent you in a property tax appeal since you are still the beneficial owner.
Each trust is unique and its impossible to say whether or not its the same as any other type of trust.  If you own property in a revocable... Read More
That depends on the mortgage company.  They may allow you to co-sign without being on the deed, but if you were on the deed, that would provide you more protection.  
That depends on the mortgage company.  They may allow you to co-sign without being on the deed, but if you were on the deed, that would provide... Read More

do i acquire right to a home if i pay the property taxes?

Answered 11 years and a month ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
no - payment of taxes does not give you an ownership right, unless you are the tax sale certificate holder and do a foreclosure.  Your maintenance of the property might be considered to have been done in lieu of rent. 
no - payment of taxes does not give you an ownership right, unless you are the tax sale certificate holder and do a foreclosure.  Your... Read More
If you are purchasing land in New Jersey, you can call my office, we have many very experienced land use and real estate attorneys at my firm.
If you are purchasing land in New Jersey, you can call my office, we have many very experienced land use and real estate attorneys at my firm.

how can I add my girlfriend to house deed?

Answered 11 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
You can easily re-do your deed to include another person.  this would be done by way of a quitclaim deed and would cost aproxiamtely $500 to prepare and file with the county.
You can easily re-do your deed to include another person.  this would be done by way of a quitclaim deed and would cost aproxiamtely $500 to... Read More

Transferring Deed where owner is deceased

Answered 11 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
You would not need to probate your mom's estate as long as you have one of her death certificates.  The property automatically passed to your dad upon your mom's death.  You should transfer the property form your dad to yourself using your executor certificate.  You will sign the deed as the executor of your dad's estate.  On the affidavit of title that goes with the deed you will list your mom's name and date of death and include your mom's death certificate. ... Read More
You would not need to probate your mom's estate as long as you have one of her death certificates.  The property automatically passed to your... Read More

how can i take my husbands name out of the deed

Answered 11 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
You will need to have him sign a quitclaim deed.  You can have an attorney preparae a deed, and ask him to sign it.  The deed will then have to be recorded.
You will need to have him sign a quitclaim deed.  You can have an attorney preparae a deed, and ask him to sign it.  The deed will then... Read More

How to protect our assets and real estate investment

Answered 11 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
You have to discuss your issues with an experienced estate planning attorney.  You have several different concerns that need to address, and you may need to have an irrevocable trust, not a living trust, which is usually revocable, in order to provide full protection.  I am a Certified Elder Law Attorney, and I can help you with this if you would like to call.... Read More
You have to discuss your issues with an experienced estate planning attorney.  You have several different concerns that need to address, and you... Read More
That is gong to depend on the rules of you community.  Chances are there might be some formality of them having to approve it, but the criteria for approval wil probably just be that you are paid up on your HOA fees, and tha the person buying it is old enough to live there.
That is gong to depend on the rules of you community.  Chances are there might be some formality of them having to approve it, but the criteria... Read More

My rights on a rent to own house

Answered 11 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
There isn't enough information in this question to provide an answer.  Your rights will most likely depend on the terms of the contract that you signed, or the terms you and the buyer agreed to.  
There isn't enough information in this question to provide an answer.  Your rights will most likely depend on the terms of the contract that you... Read More
I do not think the State "has" to supply housing, however, the condemnation may make you eligible for emergency assistance and help in obtaining other housing.  
I do not think the State "has" to supply housing, however, the condemnation may make you eligible for emergency assistance and help in obtaining... Read More

how much taxes do I have to pay the IRS when sellign a co op in NJ?

Answered 11 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
If it was your primary residence and you are using the proceeeds to buy another primary residence, then you will nt pay taxes.  If not, you may owe capital gains tax, but that would be federal not New Jersey.
If it was your primary residence and you are using the proceeeds to buy another primary residence, then you will nt pay taxes.  If not, you may... Read More

Can HOA sue me if I have been making payments

Answered 11 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
They can.  you should get something in writing from the HOA that there is a "settlement" that they acknowledge you are making payments, and will continue to do so until the debt is satisfied.  Do that in resolution of the matter before attorney's fees are incurred.
They can.  you should get something in writing from the HOA that there is a "settlement" that they acknowledge you are making payments, and will... Read More
You can always pay your own property taxes, but your mortgage company may make it a requirement that they pay.  Therefore, the mortgage company will still be requiring you to pay into an escrow account for that they will use for the payment of the taxes.  You would then get a "credit" back when the mortgage company eventually pays the taxes.... Read More
You can always pay your own property taxes, but your mortgage company may make it a requirement that they pay.  Therefore, the mortgage... Read More
That depends on whether the mortgage company has gone the next step in obtaining a judgment of deficiency.  If the difference between the sale price and the mortgage is very substantial, the mortgage company may take that next step, but you will be notified of that. 
That depends on whether the mortgage company has gone the next step in obtaining a judgment of deficiency.  If the difference between the sale... Read More
There is no statewide program that i know of.  The best option is to contact the town directly, and see if you can work something out to make payments.
There is no statewide program that i know of.  The best option is to contact the town directly, and see if you can work something out to make... Read More
If the HOA does not place a lien against the estate, or indicate that they will, then the unpaid liens will go with the house to the bank.  In other words, if the HOA comes after the Estate, pay the dues, if not, do not pay.
If the HOA does not place a lien against the estate, or indicate that they will, then the unpaid liens will go with the house to the bank.  In... Read More

Am I leagally responsible for a mortgage if my name is only on the deed?

Answered 11 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
you will be part of the foreclosure complaint as a defendant because you have an interest in the party, but will not be responsiblefor the mortgage unless the mortgage is in your name. 
you will be part of the foreclosure complaint as a defendant because you have an interest in the party, but will not be responsiblefor the mortgage... Read More
Usually a lease promises to allow you what is called "quiet enjoyment" meaning the you should be able to occupy the unit, and live your life.  If security is an issue, and the landlord has failed to address that issue, you can break your lease because the landlord has failed to provide quiet enjoyment.  If your door is damaged, and as a result, could be easier to break into, the landlord has to fix it or the landlord is violating the lease. ... Read More
Usually a lease promises to allow you what is called "quiet enjoyment" meaning the you should be able to occupy the unit, and live your life.... Read More

Evicting my tenant

Answered 11 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
You have to file a notice to cease and desist, and in this case, the tenant will have to cease not paying rent.  It sounds weird, but the violation of the lease is the failure to pay rent, and you have to advise them they have to stop violating the lease.  You need to do this in writing, send it certified mail.  If they fail, and keep not paying the rent, then you can begin eviction procedures.  ... Read More
You have to file a notice to cease and desist, and in this case, the tenant will have to cease not paying rent.  It sounds weird, but the... Read More
Yes - you have to be the owner of the property in order to be entitled to the property tax deduction. 
Yes - you have to be the owner of the property in order to be entitled to the property tax deduction. 

I wanna buy house

Answered 11 years and 6 months ago by William Patrick Askin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Possibly. Would you and your spouse be living in the house as the marital residence?
Possibly. Would you and your spouse be living in the house as the marital residence?

19 year old refuses to clean up

Answered 11 years and 8 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
I'm sorry to read that you are having this trouble.  At age 19 she is legally an adult.  If she does not pay rent to you, or contribute in anyway, then she is a "guest" and the house is yours.  You have a right to go into the room and remove all of the trash and clean up the situation and then ask her to leave.  It may have to get to the piont of "tough love" to indicate she can only stay if she cleans the room up toyour satisfaction and keeps itclean.  Otherwise, pack up her stuff while she is not home and tell her she has to move out.  Good luck !... Read More
I'm sorry to read that you are having this trouble.  At age 19 she is legally an adult.  If she does not pay rent to you, or contribute in... Read More

father passed away lien on property have issues with my property tax also need help

Answered 11 years and 8 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Real Estate
I'm not sure from the information you provided why the bank would agree to take care of the back taxes.  If there is equity in the home, the property can be sold to satisfy the taxes.  Also the taxes can be paid by whoever is going to inherit the house.
I'm not sure from the information you provided why the bank would agree to take care of the back taxes.  If there is equity in the home, the... Read More

ABUSE OF ENDURING POWER OF ATTORNEY

Answered 11 years and 8 months ago by William Patrick Askin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
You father does not likely have capacity to name a new power of attorney at this point. But you would likely qualify to be appointed guardian for him which would trump the POA your brother has. You should consult with an experienced attorney regarding this possibility. Let me know if I can help. ... Read More
You father does not likely have capacity to name a new power of attorney at this point. But you would likely qualify to be appointed guardian for him... Read More