New Jersey Residential Real Estate Legal Questions

Whenever there is a foreclosure or a tax collection suit, the government or the lender will include all potential creditors. While you are listed as a defendant, that does not necessarily mean they are looking to collect from you, but want to make sure you cannot assert any claims as a creditor against the property the government is looking to seize. So you may at least want to have an attorney look over the complaint. For instance, if you have a judgment lien against the owner of the property the government may want to make sure that their claim comes before yours.... Read More

If the landlord wrongly withholds the return of a security deposit, you could receive double-damages plus attorney fees, but you must prove that the security deposit is wrongly withheld. If you think the $2,262 claim is bogus then you might have a claim. If anything more than $1,725 is not bogus then you don't have a claim. Edward Zohn, Attorney at Law, 908.791.0312... Read More

Yes, as Ms. Anderson says, you may have a tax lien on the property but only by going through the process of a foreclosure and sheriff's sale could you be eligible to obtain ownership. But the actual owner may also redeem by paying all the outstanding taxes (you say there is no mortgage, so it is likely that the house is worth more than the amount of taxes owed).... Read More

That's really har dot answer without more information.  Somethign like the removal of this fireplace will depend on the terms of the contract negotiated with the buyer.  You can sell a house "as is" and leave everything there, or the buyer can require that certain things be done ot the property.  If you do not want to be responsible for removing it, make it part of the listing agreement that it stays or that seller takes no responsibility for the removal.  ... Read More

You had a court order permitting you to move on the 23rd and the landlord and roommate removed your property? You definitely have a claim for damages. In fact, the landlord has to give notice of removal and 30 days to permit an ex tenant to claim the property. Whether you should hire an attorney or not depends upon the amount of damages, but if it is under $3,000 then you can try and file in small claims court.... Read More

What do the bylaws actually say? The seller should have given you a copy of the bylaws before the closing. Not all bylaws provisions are legal; I don't see why properly licensed motorcycles should be prohibited, since they don't inhibit anyone else's use of the property. Edward Zohn, Attorney at Law, 908.791.0312... Read More

The security deposit is meant to be kept for the length of the rental agreement.  That is why it cannot be used until the final months rent, and even then, only by agreement with the landlord.  If you use the security deposit for rent, then you will have to replace those funds to insure against damage to the unit and failure to pay rent.  ... Read More

This is usually a matter that will have to be resolved in court unless you and your new neighbor come to an agreement. See if you have any surveys of your property. You can probably go to your county clerk's office and obtain copies that were part of the various mortgage and deed filings going back in time. It should also be noted on your title policy whether there are any disputed boundaries that contradict the strict language of the deed.... Read More

If you both co-signed on a house your rights are the same as any other two people who purchase a house together would be. Depending upon the wording of the deed, you would both be considered tenants in common with equal (50/50) rights. Neither can sell the property without the other's consent, and both parties would assume half the debts as well as half the assets in the house. Hopefully, you had an attorney review the agreements for you before signing anything, and I don't mean an attorney that your boyfriend retained for himself. Your rights are not the same as a married couple would have. Married couples usually share a house as joint tenants in common with rights of survivorship. What that would mean, for instance, if one spouse died, the other inherits the whole house by rights of survivorship. With tenants in common, if one party died, absent some other agreement like a will, the other party's half share would belong to his or her heirs. Again, I hope that you had an attorney when you entered into the agreement, because if you didn't you may have surrendered rights that you possessed.... Read More

Start with the Condo board.  Are they represented by an attorney?  Did an attorney write the by-laws for the condo?  who is managing the association dues?  Go to that person and demand a meeting schedule.  If there is no attorney, go to the town and see what registration the condo board has and report that they are not conducting meetings.  You can look at the original deed for the condo and find out the name of the attorney that represented the builder when the board was set up. ... Read More

You have two potential claims one is for simple damages that might have been caused by the installation of the PVC fence (or gate post). The other might be for personal injury due to the alleged conditions in your basement. It would be much harder to prove the second since that would require medical experts testifying that respiratory systems were due to something like mold or other environmental condition and that such illness was directly related to whatever situation was created by the damaged underground pipe. Proving the property damage might be easier but you would also benefit from having a contractor or civil engineer or other expert examine the situation you mention about the PVC fence and the gate post. I am not sure about the gate post because it appears that is something you did, not your neighbor. I think you would first need to prove that the fence damaged the underground pipe, and again that means having someone who is expert in that field who can prepare a report that could demonstrate that is the case. Obviously, I think having an attorney assist you would be of help as this is not a matter I think that a layperson can handle.... Read More

Rather than trying to evict the person, you should contact Adult Protective Services in the county in which you live and try to get the person help.  If there has been a diagnosis of dementia, and the person is becoming abusive, APS could possibly help with placement for the person.  ... Read More

Its a bit hard to decipher your question based on the information you have provided.  I don't know what tax liaibility you would have - there would be no gift tax, unless the entire amount of your estate, and the gifts you've given exceed the federal combined estate and gift tax rate.  Right now that rate is over $10 million.  There might be capital gains tax to your son when he eventually sells the house, if he is not entitled to an exemption or if he exceeds the exemption amount.  ... Read More