New Jersey Real Estate Legal Questions

That depends on what you mean "start to finish".  Most lawyers will charge a set fee for the entire closing. however, that would not include title issues, or dealing with an estate if the property is inherited.  My firm is in Ocean County and for the sale of property in Ocean County we charge a set fee of $1500.... Read More

you will not loose your home unless, and until, someone forecloses on the tax lien.  When you can't pay your taxes, its goes to tax sale.  that means that someone can "buy" a lien against your property by paying your taxes.  then, after waiting two years, that person has the right to foreclose on that lien and force you to pay and if you can't they can force the sale of your house, and then get paid.  the same person can also pay subsequent taxes on your house and get more liens, but cannot do anything with it until they foreclose on it, and you will get a lot of notice before that happens.... Read More

The mortgage is gong to have to be satisfied in order to pass clean title to the property.  I am surprised that the mortgage company would give her a mortgage with your name on the deed and not make you sign anything.  If the house is sold, $350,000 of the proceeds will have to be used to satisfy the mortgage.  You might be able to make a claim that you own half of the value and that she improperly put a lien on your portion of the asset, and/or make a claim to the rest of the proceeds from the sale.... Read More

Check the height restrictions in the town you live in and see if the proposed building plan complies.  you can also see if there are any regulations in your town regarding view.  Also- if the building affects the air circulation and/or light around your property, you could have a case, but it will depend on the regulations in your town. ... Read More

We can certainly review those documents for you.  Usually the refinance is pretty straight forward.  There are no title issues, and no other issues about the property, its just a matter of ensuring you have the right terms in the loan.  You can call my office at any time and we can discuss this.  ... Read More

There really isn't any such things a "squatters rights".  Unfortunately, what you are doing now is trespassing.  You should go to the town in which the property is located, and ask the tax assessor to look up the assessment records of who owns the house, and what the current assessment is.  Contact the owner of the property and offer to buy it.  Chances are, it was a foreclosure, and is now bank owned, and could at some point be sold at auction.  ... Read More

You cannot just take your name off of the mortgage.  Who ever holds the mortgage will have to agree, and your girlfriend will have to qualify for the new mortgage on her own.  It will be as if the mortgage was refinanced if the mortgage is held by a bank. You should start by getting your girlfriend's consent to do this, and finding out if she can qualify for a mortgage.... Read More

Yes, the mortgage does get filed with the county clerk.  Most of the county clerks have websites and you can access the documents on line.  The mortgage holder was most likely revised for their tax planning purposes, but you should have been involved in changing the mortgage documents. ... Read More

You will probably have to seek post judgment relief.  That is for things that happen after the divorce when the parties don't complete what was required of them.  Go back to the attorney that represented you in the divorce and discuss filing an application regarding the vacation home, her failure to pay and the subsequent foreclosure. ... Read More

If you have no interest in the property, and don't want to be involved, then sign the paper.  When people are married, there is an assumption that their spouse has or had an interest in any real property they own.  Even if you are no longer married, or if your spouse is deceased, many title companies and banks want to ensure that there is no marital interest that needs to be addressed, and just so there are no loose ends, they require the ex-spouse or surviving spouse to sign off on anything.  By signing the document, they are just making sure they do not have to name you in the complaint, and that you are not involved.... Read More

Under N.J.S.A. 10:5-12 you cannot: “[…] refuse to sell, rent, lease, assign or sublease, or otherwise deny to or withhold from any person or group of persons any real property or part or portion thereof because of […] source of lawful income used for rental or mortgage payments.” There are no exceptions which might allow you to refuse to rent to HUD “Section 8” as such. You may not include in any advertisement nor suggest in person, nor do anything else which might suggest that you are determining whether a person may rent from you based on whether they get support from HUD. There are fines of up to $10,000 for a first offense and $25,000 for a second offense under the New Jersey Section 8 Anti-Discrimination Bill of 2002. This does not constitute legal advice and is given for informational purposes only. Before providing legal advice I would need to evaluate your situation more fully and research any additionally applicable law. If you would like to discuss your situation, please give my office a call to set up a free initial consultation. Colby & Associates, LLC73 Church StreetNew Brunswick, NJ 08901www.colbyandassociates.com732-609-3915... Read More

A quitclaim deed is an instrument by which a grantor transfers only the type of ownership interest held at the time of transfer.  It comes with no warranty or guarantee that the grantor has good title to the property.  Thus, a grantor may want to do a full title search to determine all relevant interests and encumbrances prior to executing a quitclaim deed.  Other issues that arise from the use of a quitclaim deed in this type of scenario include realty transfer tax implications and how to protect the grantor’s life interest in the property.  It is strongly recommended you seek the advice of an experienced attorney before proceeding. Another consideration is that a quitclaim deed may not be sufficient to protect property from the distribution of assets upon death.  Under New Jersey’s elective share statute, a decedent’s spouse may be entitled to receive one-third of the estate.  The surviving spouse can look to recover from real property if not adequately provided for through alternative means. For the most effective solution to your situation, it is best to seek advice from a qualified attorney who can draft a will or prenuptial agreement that can better meet your needs and protect your interests. This does not constitute legal advice and is given for informational purposes only. Before providing legal advice I would need to evaluate your situation more fully and research any additionally applicable law. If you would like to discuss your situation, please give my office a call to set up a free initial consultation. Colby & Associates, LLC73 Church StreetNew Brunswick, NJ 08901www.colbyandassociates.com732-609-3915... Read More

Those details are usually described in the lease. Having an attorney review your lease may shine some light on the situation. This does not constitute legal advice and is given for informational purposes only. Before providing legal advice I would need to evaluate your situation more fully and research any additionally applicable law. If you would like to discuss your situation, please give my office a call to set up a free initial consultation. Colby & Associates, LLC73 Church StreetNew Brunswick, NJ 08901www.colbyandassociates.com732-609-3915... Read More

You have to get a release from the bak to prove that it was paid.  can you get anything from the source of payment?  did you pay it off by check or credit card?  then even if its back to 2000 you can get some record of that.  Whichever bank bought the bank that gave you the loan, you can write to them, show them that you paid, show them what ever proof you have found, and ask for a warrant of satisfaction.  You can find the form on the NJ Judiciary website.... Read More

There really isn't a way to take your name off the mortgage.  The paperwork would have to be filed with the company that holds the mortgage to almost re-finance, and then have the financing written again in just your mother's name.  So even though she says she will take over the payments, there is no way to guarantee that she will do that. If the pole barn is something that is transportable, you could bring a court action for permission to remove it from the property, and as part of that litigation, get the remaining loan refinanced. ... Read More

I have never heard of an inspector insisting that the premises be vacant before completing an inspection, but as long as a the tenants have a viable lease, they can stay between ownership changes. If they do not have a viable lease you should be able to notify them that you intend to end the tenancy and then if they stay beyond the notification period, you can evict them by filing a complaint in landlord-tenant court. If you would like to talk more about the specifics of your case, please give my office a call. Initial consultations are always free and believe it or not, I'm actually a pretty nice guy.   The Law Office of Robert Colby, LLC 73 Church Street New Brunswick, NJ 08901 www.robertcolbylaw.com (732) 609-3915 Admitted in New Jersey... Read More

The receiver should be paying HOA, that's the point of the receiver, to get the units rented, and pay debts as they come due.  The problem might be that the amount of rent the receiver is getting does not cover the mortgage and the HOA.  You should be able to get the documents of the accountings done by the receiver and see how much rent is coming in for each unit and what is being paid. ... Read More