New Jersey Residential Real Estate Legal Questions

You need to get in touch with the mortgage servicer and offer to give the property back by way of a deed in lieu of foreclosure.  On the letters that you get from the mortgage company, there will be contact information from the debt servicer, and you need to contact them directly regarding the deed.  ... Read More

I don't know what you question would be.  If the property line was clearly distinguished in a survey and title report, and the purchaser bought the property that way, and has not said anything, then over time, the property line could be changed .  If the new owner now disputes your encroachment, the new owner could enforce the correct line and require you to move anything that goes over the line. ... Read More

Did you do a title search and obtain title insurance prior to your purchase?  If you did - this is an issue that should be addressed by your title company.  If you did not, you can possibly have this issue addressed through the previous owner, claiming that the owner misrepresented the extent of the tax issue. ... Read More

the law is clear that joint ownership means equal access to all parts of the property.  If you do a partition action in court, the property value will be split, but not the actual property -  meaning the property will be sold, and the proceeds divided.  You would probably be well served going to a mediator to discuss the problem and arrive at a solution.  ... Read More

If you did probate of his estate, this is very easy - its called a quitclaim deed.  You will need the paperwork form the surrogate and the old deed to prepare a new deed.  If you did not do probate, you will have to do that first.  If he died with a will, take the will and the death certificate to the surrogate's office in the county in which you live.  The clerk will help you with probate.  If he did not have a will, still go to the surrogate, and they will help you do an intestate probate.  ... Read More

You will most likely need a land use attorney.  You will want to find out what regulations the town has and maybe call your local code enforcement officer and complain.  See if your neighbors pit violates the setback laws of your town, and if it does, tell the town they need to enforce their own regulations.  Start with that, and if the town does not respond, then you need to look for a land use attorney. Good Luck .... Read More

Is the amount of damage beyond the security deposit?  You can file a claim in small claims court and try to do it on your own.  You should know ahead of time where the person is now living, did they pay you by check that you could attach an asset, how do you thin you will get paid?  All of those questions will be outstanding and you will have to weigh it out.  Also - look at the agreement you signed with the realtor.  Did the realtor agree to screen people?  And get you a good tenant?  and the realtor didn't do that?  then you may also have a claim against the realtor.  ... Read More

There is a specific provision that allows for corrections if the assessor made a mathematical error or something else like this.  It will allow you to go back I think two years.  Go to the assessor and discuss the matter.  You may still need to file an appeal to give the assessor jurisdiction to do the correction, but you can do it.  ... Read More

It depends on the individual municipality.  there is no statewide water/sewer system.  Each individual municipal utilities department provides water and sewer to its residents.  If you bought a house hat had a well and septic because water and sewer were not available in that area, and now you are trying to sell the house but water and sewer are available, the town may try to get you to connect in order to get a certificate of occupancy for the re-sale.  check with your local municipal code enforcement officer or local municipal utilities department.... Read More

Yes - you might still be involved, but only to the extent that you acknowledge that you have no right or interest in the property.  It happens because you are married, and because you live in the home as your marital residence.  try working with the bank to take back the deed in lieu of foreclosure.  Let them know that you are not on the deed, but are willing to sign off your marital rights to the property.  Good Luck.... Read More

When a tax sale certificate is sold, the person who bought it doesn't own the home, they own a lien against the home.  the tax sale certificate holder would have to go through a foreclosure process to be able to own the home. You can pay for a title search or you can search the county records yourself, many counties have them on line. Or you can go to the tax collector's office of the town in which the property is located and see if a tax sale certificate is registered against the property.  You may have to pay off that lien before acquiring title to the property.  the mortgage company has first priority in getting paid, and depending on the deal that is struck, the mortgage company could be responsible for paying all liens against the property and turning over clear title.  ... Read More

The answer would depend on the amount of damage or mess made by the tenant. If you are talking a routine or typical amount then the regular cleaning schedule would suffice. However, if the mess was extraordinary, then the association would have a claim against the owner for damage caused by his/her tenant. I would look to the association by-laws and rules and regulations first, but a small claims matter may be appropriate by the association against the owner. I would suggest speaking with a lawyer to review the documents and advise of the association's rights. Good luck.... Read More

You will need an attorney to prepare the deed necessary for transfer of ownership.  The condo will then be owned by you, and if you ever have any financial difficulties (is bankruptcy, divorce, etc) then the condo will be an asset you own subject to creditors.  You will take the asset at the cost basis that your mother paid for the condo - and when you sell it you will pay tax on the difference between that cost basis price and the sale's price.  so if it went up in value you will pay capital gains tax.  If you mother leaves you the condo in her will, you get a transfer basis and you will pay no capital gains tax.  The cost of doing the deed and recording smae from our office is $500.... Read More

Don't worry about getting the original deed.  Go to the County Registrar of Deeds in which the property is located.  Get a copy of the filed deed.  the deed itself is not as important as evidence that the deed was filed.  You can get copies made at the county office. ... Read More

You might need to consider dedicating your road to the town.  Is there a reason that the drive is still private?  You might benefit from dedicating the road way in getting maintenance, road improvements, etc.  You are paying taxes for schools, garbage pick up, police department, etc.  not just road maintenance.  Do you get garbage pick up and other amenities?  You might want to start by approaching the town and discussing your concerns with them. ... Read More

you could give this house, or your share of it, to your daughter as a gift now.  you would need to do a qitclaim deed from the three of you as joint tenants, to your daughter and her husband, thereby giving up your share.  this ia relatively inexpensive deed to prepare, and records.... Read More

An appraisal is an opinion of value.  The opinion is based on other sales of similar proerties in your area.  Look at the sales used to fomr the opinio of value of your property and see if those properties are distinguishable from your property.  do they have the smae number of bedrooms and bathrooms, are they in the same location, same school system, better view, bigger lot, etc.  All of those factors could have affected the value.... Read More