New Jersey Real Estate Legal Questions

I do not belove that FEMA can freeze any account.  FEMA makes deposits into the accounts of those affected.  You should have been entitled to the FEMA money allocated for relocation expenses, and temporary housing, not your landlord.  If the landlord took the portion of the money allocated for your housing costs, then they are not using the FEMA money properly.  Contact my office so that we may discuss this matter further... Read More

there is a lawyer already working with the realtor?  And that attorney is for both the buyer and the seller?  I'm not sure from your question - but many states do not require a lawyer to handle the closing.  as long as your realtor, or you, or someone on your behalf is advocating for the conditions of purchase or sale that you want, then you will be fine and will not need another attorney.... Read More

Did you discuss this with them?  ask them to leave?  was there some agreement, even an implied agreement, that they would be able to stay?  did their staying affect you in any way?  Was another tenant unable to occupy the property?  you should decide how much trouble was caused by them staying, and weigh the possibility of them claiming you improperly took a portion of the security. ... Read More

Was the mortgage ever recorded?  When you say "legal mortgage" what do you mean?  Was there a written agreement?  Why did you never collect any money?  What were the terms?  It is not possible to answer the question without this additional information.  If the terms required monthly payments, and you did not collect for 22 years, there could be a very legitimate argument that you "waived" payment.  However, if the terms say you collect upon sale or some other condition you may be able to collect. ... Read More

That's a tough one.   Why would you make repairs to the property without some kind of agreement as to what would happen if the deal fell through?  The seller just declared the contract void?  You are going to be bound by the terms of the contract, and if the contract allowed you to do repairs and then provided some reimbursement if the deal fell through, that's what you'll be stuck with,  If there was nothing in the contract, then your remedy is for breach of the contract if the seller's attorney did not have a legitimate reason to void the contract. ... Read More

I'm not sure based on the information you supplied what the question is.  You could probably get commericial financing to complete the repair work to the property if you intend to make it a business and/or residential property.  If you give me more details, I might be able to provide more information.... Read More

you need to go to court immediately on a motion to enforce litigant's rights.  Most of the County Courthouses have the forms available for you to do by yourself.  filing your own paperwork, instead of having a lawyer is called "pro se" so you want to ask the court where you can get a "pro se packet" for a motion to enforce.  You are gong to attach any documents showing what payments he made, what he was supposed to make, and what the arrearage are, and what he needs to pay to be current.  ... Read More

You can pay the mortgages off directly.  Get a payoff figure from each mortgage holder.  The figure will be the amount you owe on a certain date because they calculate interest up to the date of pay off.  so call each mortgage holder and ask what is the payoff amount for say September 30th.  They will tell you an amount and you have to have "certified funds" like a certified bank check - and it has to be in their hands by the 30th.  You will then get back a discharge of the mortgage  and you need to file that with the county registrar to get clear title. then you can do the quitclaim deed to transfer the house into your name and file that deed with the county registrar as well.  Good luck .  ... Read More

As the Executor of the estate, you can transfer the property into your name, and if you would, your brother's name also.  Once the deed is in your name, you can get it appraised and see how much a lender would give you on the value to consolidate the debts.  Transferring the deed is very easy and any lawyer can do it for you.  If you would like, call my office, we can look at the current deed and let you know what needs to be done.  ... Read More

When you say you proved that the taxes were paid, did you mean you had provided the necessary form from the Inheritance Tax division of NJ??? You need to fill out an L-9 form, submit it to the State and get a form back indicating "officially" that you have paid the taxes.  I have attached a link to the form. http://www.state.nj.us/treasury/taxation/pdf/other_forms/inheritance/itl9nr.pdf There should be an agreement that the title company is holding only the amount of money necessary to cover the taxes, in the event that you did not pay them.  The title company should not be holding all of the money.    If you have already completed the L-9 and the title company still will not release the funds, then you need to find out why they will not release the money.  Good luck, and if I can be of any help, call my office.  ... Read More

You have to find out if the mortgage company is going to look for a judgment of deficiency for the unpaid amount of the mortgage.  If you give the deed in lieu of them filing foreclosure, all you have really done is saved them the time and expense of the court proceeding, but the effect may be the same.  You might be better off trying to sell the property, even if its a short sale.  you should consult with the mortgage company and make sure that you know what will happen after you give them the deed, and after they sell the property.  Good luck. ... Read More

I'm very sorry for your loss.  You have done everything correctly ! You do not need an attorney to change the deed.  As the surviving spouse you have full ownership rights to the house.  Changing the deed would cost approximately $500, and that would include the filing fees to file the new deed.  the more important question is do you have a will?  If you do, keep a copy of your old deed, and your husband's death certificate with your original will to make it easier for the executor of your estate to disburse the assets.  If you have any questions, call my office. ... Read More

You should probably start with the current fair market value of the property, and then discount that value by the dollars you have been spending on taxes and repairs.  There is going to be some give and take because while you have been doing the repairs and paying taxes, you did not indicate whether or not you have been paying the other owners any rent. It could be that the costs you have incurred would be off set by any rental charge they could have gotten for the property. ... Read More

Interesting situation!  What does your son want you to do?  Your PA imposes a duty on you to sign his name and to otherwise perform such acts as are for his benefit.  If he wants the girlfriend to stay in the trailer, then I don't think you should attempt to evict her.  If he give you the authority to evict her under the P/A, then I think you can do so.  Get your authority in writing!  Since you can't (in my opinion) use the P/A to evict her without your son's authority, and since you don't own the ground, you do not appear to have any legal basis to evict her.  You are not without a remedy, however.  You have no duty to continue to pay the ground rent.  If you stop doing that, the girlfriend may resume those payments.  If so, the mobile home is not threatened, and you are relieved of the burden of paying.  If, however, she does not pay the ground rent, I will assume the owner of the lot will at some point force removal of the mobile home.  If that happens, the ownership of the trailer should not be threatened - only the cost of removal.  (Is it more costly to move the mobile home or to pay the ground rent?)  And, even if it is removed, the girlfriend may follow it -- particularly if your son wants her to occupy it.  If you haven't already done so, find out whether your son wants the girlfriend to stay, or if he is willing to allow you to evict.      ... Read More

You need a lawyer.  Not because it is complicated, but because by your post, I can tell you have no idea how to approach this issue.  You need an estate lawyer to open an estate and then transfer the interest of your mother to you.  Then you have to deal with her half if she is on the deed.  If she was just on the mortgage loan, but not the deed, you may own the house fully.  You have no idea without a search, which the lawyer can do.  You also need to see if RE taxes are paid, and if the loan was really paid.  I am not sure where you got this six year wait from, but I do not understand it.  You need to move ASAP to neatly tie this up.  Cost is unclear without more facts, but probably $3000 plus filing fees.... Read More

The answer to your question will lie with the specific laws of your state and the specific language of the contract.  I cannot therefore answer your questions without having the benefit of both.  I can tell you that it would be unusual for state law to incorporate a "buyer remorse" concept into a real estate purchase contract.  Your question raises another question, however.  Your question indicates that the seller (which I presume is you) may have signed a contract with an "agency" --- a real estate agency I assume -- and not with a specific buyer.  Is your contract merely a listing contract, or is it a contract to sell the property?  If the former, your agent will be authorized to find a buyer willing to pay the listing price.  If you signed an actual contract of sale with the understanding that the agent will then present it to a buyer, then you have merely made an offer to sell on the terms given in the contract.  You can revoke the offer before anyone has accepted it in writing.  If the question is important to you, I recommend that you confer with a good real estate attorney in your area.  Take the contract (whatever it is that was signed) to him for review.  ... Read More

If you do end up paying the monthly payments, you are supposedly current on your payments, but struggling.  If you are late with your payments, you are likely paying a heavy late penalty.  The first thing you should do is make every effort to not be late and thus avoid the late penalties. It sounds as if your lender is not really interested in the refinance if they keep losing your papers.  That can drive up the frustration level.  Since a lawyer will most likely be required to close the new financing loan anyway, it seems to me that you should seek out a good real estate lawyer and ask him/her to help you navigate the refinance process.  That should reduce both the time required for the refinance and the frustration level that you are feeling -- and give you the maximum prospects of having the lender approve the refinancing.  ... Read More