NEW JERSEY REAL ESTATE LITIGATION

Whenever there is property, there is always the potential for a lawsuit.  For example, some experience foreclosure due to hard financial times.  I have both defended and prosecuted many mortgage and tax foreclosure actions, up to and through attending the sheriffs sale.  I have also convinced judges to set aside sheriffs sales in case of error, and helped homeowners to redeem their homes.

The purchase and sale of real estate is another area that sometimes results in litigation.  A homebuyer may need to sue a reluctant seller for specific performance of the purchase contract, so that the court will order the seller to close with the buyer.  On the other side, a seller may sue a reluctant buyer for damages when the buyer breaches the contract and forces the seller to sell to a different buyer for less money.

Partition is a form of lawsuit where the judge will divide property among co-owners.  If the property is not divisible such as a single family house, then the court will order the sale of the property and distribute the proceeds among the co-owners.

Boundary line disputes arise when neighbors have conflicting deeds or simply cannot agree on their common boundary.  In such cases, it is often necessary to retain a surveyor as an expert to establish in court the correct metes and bounds of the property.

Title litigation may be needed to clear up ownership of a particular property or to resolve liens on it.

Issues may come up in subdivision and zoning matters when a landowner is seeking municipal approval of a development application.  The applicant has the option of filing an action in lieu of prerogative writs if it is dissatisfied with the municipality’s decision.

I have extensive experience in all of these areas and more.  I have also been accepted by the Superior Court of New Jersey as an expert in the field of real estate law.  I am a seasoned New Jersey real estate litigator.  Please call me for a free initial consultation for your real estate litigation matters.

Contact Us

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.

Watchung Office

475 Watchung Ave, Ste 8, Watchung NJ 07069

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