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New Jersey Residential Real Estate Legal Questions

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144 legal questions have been posted about residential 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 real estate, easements, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
New Jersey Residential Real Estate Questions & Legal Answers - Page 3
Do you have any New Jersey Residential Real Estate questions page 3 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 144 previously answered New Jersey Residential Real Estate questions.
Residential Real Estate
New Jersey

Recent Legal Answers

Do I have legal recourse against lawyer for naming me in summons wrongly in NJ?

Answered 10 years and 8 months ago by attorney Diana L. Anderson   |   1 Answer
That happens frequently and you really have no recoursE because you did not suffer any harm.  If you have a common last name, this will happen in title searches, judgment searches, skip traces, etc. 
That happens frequently and you really have no recoursE because you did not suffer any harm.  If you have a common last name, this will happen... Read More

What is the range of closing fees for seller in a New Jersey real estate transaction ?

Answered 10 years and 8 months ago by attorney Diana L. Anderson   |   1 Answer
It depends on the location and value of the property - it can be as low ad $1000 and much higher.  
It depends on the location and value of the property - it can be as low ad $1000 and much higher.  

several family members received letters from attorney in regard to deceased family members lean against their property

Answered 10 years and 10 months ago by attorney Diana L. Anderson   |   1 Answer
The lien will most likely be attached to the property, but would not necessarily be the responsiblity of anyone to pay unless he or she inherited the property.  Depending on the county - you can search the county clerk's office for any notices of lis pendens (which means that litigation is involved) or other liens. ... Read More
The lien will most likely be attached to the property, but would not necessarily be the responsiblity of anyone to pay unless he or she inherited the... Read More

I have a vaccant home in NJ I have a homeless guy living there The house is up for sale and when people look at to buy he chases them out of the

Answered 10 years and 10 months ago by attorney Diana L. Anderson   |   1 Answer
This person is a trespasser.  you can go to the house with a police officer and have the person arrested for trespassing and then resecure the home.  If you cannot do this because you are in Florida you can use an "agent" by way of a power of attorney to act on your behalf.
This person is a trespasser.  you can go to the house with a police officer and have the person arrested for trespassing and then resecure the... Read More

Husband died intestate with only his name on deed

Answered 10 years and 11 months ago by attorney Diana L. Anderson   |   1 Answer
You will have to apply to be the administrator of your husband's estate at the county surrogate's office of the county in which you live.  you wll ned to do this in order to transfer the property into your name.
You will have to apply to be the administrator of your husband's estate at the county surrogate's office of the county in which you live.  you... Read More

A discharge of an old mortgage was never recorded. who can I hire to research & expedite the discharge?

Answered 11 years and a month ago by attorney Diana L. Anderson   |   1 Answer
If you have the discharge, you can file it yourself.  If you need to track down the discharge, you might need to hire a title company or a lawyer who specializes in property issues to do that. 
If you have the discharge, you can file it yourself.  If you need to track down the discharge, you might need to hire a title company or a... Read More

Non-performing loan

Answered 11 years and a month ago by attorney Diana L. Anderson   |   1 Answer
I do not personally do that type of law, but one of the partners in my firm does.  Please feel free to contact my office if I can be of assistance.
I do not personally do that type of law, but one of the partners in my firm does.  Please feel free to contact my office if I can be of... Read More

NJ Quitclaim Deed fees

Answered 11 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
If the total value of the mortgage plus what you have lent/paid exceeds the fair market value of the house, there is no gaurantee you will get your money back.  You could have him sign a quitclaim deed and record the deed that makes you joint owners of the property, with rights of survivorship so that his interst passes to you upon his death. ... Read More
If the total value of the mortgage plus what you have lent/paid exceeds the fair market value of the house, there is no gaurantee you will get your... Read More

About Partition Law

Answered 11 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
My firm can help you with a partition action if the property is located in or around Monmouth or Ocean counties. 
My firm can help you with a partition action if the property is located in or around Monmouth or Ocean counties. 

Quitclaim

Answered 11 years and 2 months ago by attorney Diana L. Anderson   |   1 Answer
The property can't be "seized" but the creditor may attempt to place a lien on the property and/or to invalidate the transfer becuase it was done with the intention of getting out of a debt.
The property can't be "seized" but the creditor may attempt to place a lien on the property and/or to invalidate the transfer becuase it was done... Read More

selling a house

Answered 11 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer
You may have to go back to court - through your prior divorce complaint - for what is known as "post judgment relief".  you would specifically be asking for a court order to address the issue of the house. 
You may have to go back to court - through your prior divorce complaint - for what is known as "post judgment relief".  you would specifically... Read More

I am buying a house in southern nj my attorney is in central nj. My real estate agent told me I can't use him. Is this true

Answered 11 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer
There are title companies and realtors in South Jersey that do closings without attorneys.  I do not think this is a good idea beause there is no one at the table to protect your interest.  The title is only interested in clear title being passed, and the realtor is only interest in getting a commission.  The attorney is there to protect you. ... Read More
There are title companies and realtors in South Jersey that do closings without attorneys.  I do not think this is a good idea beause there is... Read More

How to obtain results of my house apprisal?

Answered 11 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer
If the buyers are using the appraisal to either try and negotiate a new price, or to get out of the contract, then you have a right to see it.  Otherwise, you would not if it was only for the purposes of them obtaining a mortgage. 
If the buyers are using the appraisal to either try and negotiate a new price, or to get out of the contract, then you have a right to see it.... Read More

Is a temporary certificate of occupancy reason to cancel a home purchase

Answered 11 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer
If you do not have a full CO on the day of closing, that is a condition that you can use to back out of a contract because the home is not ready for occupancy.  With the temporary CO there will be a list of things that have to be completed before the full CO will be issued.  You can make the closing conditioned on the completion of those items and reschedule a date.  Or you can get an estimate as to the cost for completion of those items and either get a reduction in the price of the house, or a credit back after closing, and go ahead with the purchase.  ... Read More
If you do not have a full CO on the day of closing, that is a condition that you can use to back out of a contract because the home is not ready for... Read More

is it an invasion of privacy if a neighbor purposly points security cameras at your yard

Answered 11 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer
No it most likely is not.  If your neighbor video tapes you, and posts those videos, or does anything else to harass you it may be harassment, but I do not believe your have a privacy right not to be seen from your neighbors house. 
No it most likely is not.  If your neighbor video tapes you, and posts those videos, or does anything else to harass you it may be harassment,... Read More

Can I do anything about the noise level of my neighbor above me?

Answered 11 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer
In most cases, a tenant is guaranteed what is called "quiet enjoyment" of the unit.  If the tenant above you changed the flooring, and now there is more noise, you are entitled to complain to the landlord that he is not providing "quiet enjoyment" and that the flooring must be fixed so that it is more soundproof.  If this is not a rental situation, but instead one in which someone owns the unit abouve you, then you will have to take your case up with the condo association if they approved the renovations and change in the flooring.... Read More
In most cases, a tenant is guaranteed what is called "quiet enjoyment" of the unit.  If the tenant above you changed the flooring, and now there... Read More

is it fair for a lawyer to bill for an entire length of a land use board meeting when he represents a second client?

Answered 11 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer
It is hard to answer this quesiton without seeing the bill.  Usually, if an attorney is at any type of board meeting or court proceeding, the only charge is for the portion of time the attorney represented you, or was waiting to represent you.  It is appropriate for the attorney to charge you for preparing a letter.  If you have questions about the bill, start with the attorney, ask questions, clients do it all the time.  ... Read More
It is hard to answer this quesiton without seeing the bill.  Usually, if an attorney is at any type of board meeting or court proceeding, the... Read More

How does one go about transferring titlement to a house to another family member?

Answered 11 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer
If your mother gives her house to your sister now, she will be ineligible for Medicaid for five years.  If your mother has health problems, she may need the house as an asset to pay for her care.  If she runs out of money to pay for her care, and she has given the house away, she will not be able to get medicaid. ... Read More
If your mother gives her house to your sister now, she will be ineligible for Medicaid for five years.  If your mother has health problems, she... Read More

My father would like to put me on the deed to his house. He will still have the mortgage in his name. Just incase anything happens to him. Is there an

Answered 11 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer
If he still has a mortgage, this could cause an acceleration of the mortgage, meaning you have to pay it up immediately.  I don t believe that every happens.  Howwever, there could be other consequences that you should discuss with a lawyer.  Your father could accomplish the same thing by writing a will and leaving you the house in the will. ... Read More
If he still has a mortgage, this could cause an acceleration of the mortgage, meaning you have to pay it up immediately.  I don t believe that... Read More

residential real estate - purchase combined with lease

Answered 11 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer
You would need to have an agreement in place to take back a mortgage, and then use the rent in that fashion.  You would want to have a mortgage note and record it as a lien agains the property so that you have a method to get the property back if they don't pay.  You can also do a rental/lease purchase agreement and put in conditions such as upkeep.  I don't think this is something you should try to draft on your own.  An attorney would probably be able to do this for a relatively small fee, which may save you a big head ache in the future.  Call my office if you need help. ... Read More
You would need to have an agreement in place to take back a mortgage, and then use the rent in that fashion.  You would want to have a mortgage... Read More

How is land value determined on a condo?

Answered 11 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer
As a condo owner, you are a percentage owner of the buidling, land and common areas.  You are not assessed for the whole property, only your portion.
As a condo owner, you are a percentage owner of the buidling, land and common areas.  You are not assessed for the whole property, only your... Read More

Property was purchased by brother & sister only,no marital status

Answered 11 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer
The sister's 50% ownership share would be distributed to her heirs, and the deed could either be in the name of her estate or in the names of the beneficiaries.
The sister's 50% ownership share would be distributed to her heirs, and the deed could either be in the name of her estate or in the names of the... Read More

What does all references to automatic waviers in regards to time periods shall be deleted mean?

Answered 11 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer
Automatic waivers are things that will be waived if you do not reply or object to them within a certain time period.  So if you delete that then nothing will be deemed to be automatically waived just because time ran out.
Automatic waivers are things that will be waived if you do not reply or object to them within a certain time period.  So if you delete that then... Read More

I am 29 years totally blind. I live with my parents in a 55 yeras active adult community with my parents as the care givers.

Answered 11 years and 8 months ago by attorney Diana L. Anderson   |   1 Answer
You would have to review the HOA rules.  I think the HOA would make an exception fo ryou living there because you are blind.  However, they will most likely not make an exception for your wife and her child.  The type of adult community you are talking about has many legal restrictions.  You are most likely going to have to move to another place.  She might be able to stay with you temporarily, but not permanently.  ... Read More
You would have to review the HOA rules.  I think the HOA would make an exception fo ryou living there because you are blind.  However, they... Read More

I received a tax bill for $8,000 due Nov. 1 is this legal?

Answered 11 years and 8 months ago by attorney The Hon. John S. Wisniewski, Esq.   |   1 Answer
Thank you for your question. You could try and work out a payment plan with your municipality.
Thank you for your question. You could try and work out a payment plan with your municipality.
Residential Real Estate
New Jersey

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