A company obtained a home through foreclosure and had it inspected. The inspector noted moisture stains but did not note what the stains were. The company contracted to sell the property to buyers who agreed in the contract that the property was being sold in “as is” condition. The buyers were permitted to conduct a home […]
Negligent Misrepresentation In A Home Purchase Read More »
The State of New Jersey is always concerned about collecting tax due on sale transactions, big and small. The Bulk Sales Act requires parties to a transaction involving the sale of real estate, a business, or both, to file a notification form with the Division of Taxation prior to closing. Upon receipt of that form,
What Is The New Jersey Bulk Sales Law? Read More »
(This according to the J. Geils Band song of the same name.) “And may lead to litigation…” A recent unreported Appellate Division decision involved parties that were romantically involved. The plaintiff purchased property and built a house. Prior to the closing, the parties executed an agreement in which plaintiff promised to deed the house into
Often, clients purchase property with intentions of building a house on a vacant lot, or converting a two family house into a three family house. In New Jersey, that process is heavily regulated and controlled by municipal government. If a property or structure does not meet the local zoning requirements, then the landowner must file
Intro To Zoning Variances Read More »
The Appellate Division recently upheld a summary judgment ruling which I obtained in a foreclosure case. The defendant claimed that her signature on the mortgage was a forgery. Her late husband was the borrower and the defendant signed the mortgage to secure her interest in the property. We were able to locate the notary who
Summary Judgment Upheld On Appeal In Foreclosure Case Read More »
By statute, all municipalities in New Jersey are required to hold annual tax sales of their certificates of unpaid real estate taxes. Third parties and the municipality bid on the tax sale certificates at the sale conducted by the tax collector. At the conclusion of the sale, the highest bidder pays the outstanding taxes and
Tax Sale Foreclosure Primer Read More »
A homeowner may decide to paint the interior of her home herself instead of hiring a contractor to do the work. However, most would avoid Do-It-Yourself electrical work due to fear of being shocked or because of lack of know how. The same is often true in the legal arena. With the advent of the
DIY Leases Have Consequences Read More »
Most real estate transactions proceed smoothly to closing. However, occasionally a buyer or seller may attempt to back out of the deal without just cause. For example, a seller may get emotional and not want to leave his long time residence. Or a buyer may decide that she is paying too much for the house
What Is Specific Performance? Read More »
In a prior blog, I spoke about the wisdom of investing in a title insurance policy when you purchase real estate. See https://www.middlesexcountynjrealestateattorney.com/2016/08/ In that blog, I detailed the failure of a title settlement agent to satisfy the prior owner’s mortgage, with the result that the new owner was served with a foreclosure complaint. Boundary line
Title Litigation Part 2 Read More »
The closing date for a real estate transaction is typically agreed by the parties and set forth in the contract of sale. Traditionally, that date has been a target date, without any penalty if either party is unable to close title. This allows leeway in the event of a personal emergency such as a hospitalization or last
Time Of The Essence Read More »
Charles D. Whelan III has been committed to excellence for over 30 years. With offices located centrally in New Jersey, he is able to provide businesses and individuals with excellent legal services.
