New Jersey Real Estate Legal Questions

The answer is generally yes, but the lawyer must act in an ethical manner in doing so.  That means that the lawyer should have given you a retainer agreement in writing that states the terms under which the lawyer would be entitled to a fee if the short sale fell through.  And the fee must always be "reasonable" - in general meaning that it must conform to what other lawyers doing the same work in the same circumstances would charge, and that it reflects the effort expended by, the expertise of and the risk taken by the lawyer.... Read More

If your name was on a deed, and you had an ownership interest in a property you could not have been "removed" from that deed unless someone forged your name.  Get a copy of the deed if you have not already.  You can get it from the county clerk in the county in which the property is located.  If your name was forged, you can try filing a "corrective" deed.  You may need to have a lawyer prepare that deed.  ... Read More

Based upon the very limited information you provided, if your father had a will, it should of been probated and you should have requested a copy it.  If he did not have a will, it would go through intestate succession (distribution of his assests through immediate family through extended family). Questions that need to be asked are the following (1) who is the head of the estate (2) do you keep in contact with any of your brothers/sisters (3) did you receive notice. Please feel free to contact me to schedule a free consultation. In addition, Scott, if you would like to discuss this matter, please feel free to contact me tomorrow morning.     ... Read More

Based upon the information you provided, you have to be careful because of the N.J. Consumer Fair statutes and rules. In addition, and the laws of being a real estate have to be looked at as well. In addition  you have to have a terms and acceptance agreement.  Please contact me to discuss further.    ... Read More

Whether or not you need a bond depends on what the will requires.  If the will states you need a bond, then you do need a bond, if it say s you do not, then you do not.  The value of the estate doesn't necessarily control.  more importantly, if the outstanding amount of the mortgage exceeds the value of the house, you should not transfer the property at all, but instead allow the mortgage holder to do a deed in lieu of foreclosure, unless for some reason the beneficiary of the property wants the property notwhithstanding the mortgage.  ... Read More

as the Administrator of the estate, you have the right to sell the property.  You can sign a listing agreement, and the deed of sale in your capacity as Admininstrator.  You can also contact the tax collector in the otwn in which the property is located, and determine whether or not the taxes have been paid.... Read More

The answer to this depends on the contract you signed.  Most contract have a mortgage contingency clause that means if you are unable to get a mortgage you are not bound to complete the deal.  If the mortgage company refuses to give you a mortgage, and the seller refuses to fix the septic, then you are entitled to get your deposit back. ... Read More

Its a notice that someone redeemed the tax sale certificate for taxes owed on your property.  You should pay that off as soon as possible because the interest on it is very high, and after a few years, the company that owns the certificate can foreclose on it and then you have to pay or the house is sold to pay it off.... Read More

Mr. Keenan, I took a brief look at the notice.  If accurate, the variances that are being sought relate only to so-called "bulk requirements" (size, height, setbacks, parking spaces, etc.).  There appears to be no variance requested for use - in fact, the development would appear to be within the target permitted use in the zoning plan (garden apartments).  The burden for the developer is much higher if he is seeking a variance for change in use or non-permitted use than it is for bulk variances. That said, you can still protest the situation, and seek to minimize the impacts of the development on your property.  It may be difficult to stop it altogether because the proposed development appears to fit within the permitted uses in the zoning code (at least based on your statements and a review of the notice).  But you may be able to get changes in the plans (less units, larger setbacks, perhaps even indoor parking) to lower the impacts on your property and lifestyle.... Read More

You have given very little detail about the problem language in the lease.  However, generally, a lease will be enforceable unless the ambiguity is so significant that the courts conclude that the parties never reached "a meeting of the minds" about the essentially subject matter of the lease.  Otherwise, the courts will apply rules of contract interpretation to try to figure out what the parties meant.   So, unless the lease is so ambiguous as to not make much sense, I doubt that you will be able to get out of it.... Read More

That 's a very difficult question to answer.  Its going to require reviewing many other things such as the mental health of the person he/she was giving away the house, who did the house previously go to?  does the person have a will?  were there witnesses who heard the person say I want this person to have my house?  Is the POA and the person receiving the house the same?  Because the POA can not do anything that would be considered "self-dealing".  Even if the house is transferred now, it may be brought back into the estate for tax purposes (Estate and /or Inheritance taxes may be due on the transfer).  If this gift changes what the person wanted to do with the estate, there are going to be problems with the transfer unless the person it was supposed to go to agrees with the transfer.  ... Read More

This sounds like a fraudulent scheme.  No federal home mortgage program that I know of requires you to pay an initial fee.  I would be very skeptical of any program that requires this. Of course, you have not given much information and I have not reviewed the documents or other communications you received, so my answer must be conditioned on that.... Read More

I am sorry to hear that you are in this situation. Let me focus first on the legal aspects of your question.  A quit claim deed is a form of deed without any warranties from the seller.  It is held in law to mean that the seller is conveying any interest he may have in the property, but is not making any warranty as to what he owns or the quality of the ownership interest.  It is truly a "buyer beware" kind of deed, since the buyer cannot come back to the seller after the closing and say that the buyer did not get what the seller promised.   So, you are not taking on any legal risk by giving such a deed; however, you need to make sure that you are not giving the buyer any representations or warranties in OTHER documents you may be asked to sign at the closing, especially if there will "survive" the closing and be actionable later. I cannot of course tell you whether conveying the timeshare back to Resorts is a good transaction from the value standpoint.  Only you can make that decision. Good luck.... Read More

I don't know the relevant rules if any that might apply to this under the NJAR, but there is no legal barrier to your reducing or eliminating your commission in return for a seller concession to be used for closing costs. However, two things are important here.  First, if you are borrowing money to make the purchase, the details of this arrangement must be disclosed to the bank on the HUD-1 settlement statement, and the bank will have to approve the arrangement. Second, part of the commission you earn is typically paid to the broker under your business arrangement with the broker.  You need your broker's approval as well in that case, since your action will eliminate any payment the broker otherwise would have received from the transaction.... Read More

I'm not sure why you would have to transfer it to the name of the person holding the Power of Attorney. The whole purpose of a Power of Attorney is for that person in the foreign country to be able to act on your behalf.  You should ask the POA what the benefits are, and why he or she cannot complete the transaction with the POA. ... Read More

It is going to be a matter of proving what is "impractical" and what everyone meant when they agreed to that term.  If there is room in the garage for two vehicles, but it is more convenient for you to park the second car somewhere else, it is going to be difficult for you to prove that it was impractical.  you did not provide any information as to why it is impractical - for example - do you have young children that need to be carried, is one driver disabled, does one driver go back and forth frequently - these are some examples of what will have to presented in order to prove that you complied with the terms of the agreement, and qualify for the exception that it was "impractical" to park in the garage. ... Read More

I don't know that its necessary, but someone has to prepare the deed, and if that is not done properly, your rights to own the property you are buying (or the buyer's rights to own the property you are selling) could be impacted.  This is something you might not discover until many years from now.  Having a lawyer prepare the proper deed seems to me to be the very minimum that should be done.... Read More

i'm not sure based on the information what the question is.  A Lis Pendens is only a type of lien or claim against a property.  It is a notice that some amount is being claimed.  If the property taxes are due, the tax assessor sells a lien against the property.  A person can pay the taxes on the property and then get the right to collect the taxes when the owner sells the property.  You should look in the homeowners association bylaws to see if there is a qualification that anyone serving on the board has to have their taxes be current.... Read More

You would have to allege and prove that you were under duress or not able to sign the contract.  By the time the issue gets through the court system, your additional 6 month listing will expire.  Keep the contract listing you have, keep the price at what you wanted and just wait it out. ... Read More