I receive many calls from people facing the foreclosure of their home. They want to know whether they will remain liable after the foreclosure to their mortgage lender for any part of the mortgage debt. For a period of 90 days after the sheriffs sale, the mortgage lender has the option of filing a lawsuit […]
Deficiency Liability In Home Sales Read More »
Your teenaged son is involved in a fight with a classmate. You notify your homeowners insurance company of the fight. Several months later, you receive a letter from an attorney representing the classmate which you turn over to your insurance company. Over a year after that, the classmate files a lawsuit against your son, which
Settling Your Injury Claim Without Your Insurance Company’s Consent Read More »
New Jersey law requires that the seller of a home obtain a smoke detector and carbon monoxide detector inspection and certificate (sometimes called a “fire certificate”). This is initiated by completing a form at the office of the town, city or township where the property is located and paying a fee. An appointment is then
Do I Need A Municipal Certificate For My Home Purchase? Read More »
Modular homes are a cost effective alternative to stick built housing. They are prefabricated in a factory setting, in units of boxes. Depending on the home size desired, the house can consist of from three to ten boxes or more. Because a modular home is manufactured under controlled conditions, there is more of an opportunity for
Modular Housing Litigation Read More »
It seems like at least once a week, I get a call from someone who has had money frozen in their bank account due to entry of a judgment. In some cases, s/he does not even know that s/he was sued. Then there is a very limited amount of time before the creditor obtains a
Vacating Default Judgments Read More »
In standard automobile insurance policies, personal injury protection coverage will pay your medical expenses sustained in connection with a car accident. There is a deductible and a co-payment, and typically $250,000 in coverage is purchased. Your auto insurance company may offer you savings by suggesting that you use your health insurance policy to cover your
Using My Health Insurance Company For Auto Personal Injury Protection Coverage Read More »
Along with a college education often comes the debt that paid for it. It is not uncommon for graduates to find themselves in six figure debt, and sometimes with no employment opportunities, or in low paying jobs. It would then be logical that bankruptcy could be used to discharge student loans. WRONG! While bankruptcy is
Are Student Loans Dischargeable In Bankruptcy? Read More »
Since October 2015, American homebuyers have learned about TRID (the TILA RESPA Integrated Disclosures), a sweeping revision in the way that mortgage lenders make and close loans with their customers. First, the”Loan Estimate” replaces the old initial Truth-in-Lending disclosure & Good Faith Estimate for most closed-end mortgage loans. What’s more, the “Closing Disclosure” replaces the
Certain Chapter 13 filers may be able to get rid of a second mortgage or home equity line of credit (HELOC) (referred to as “lien stripping”). With the real estate market going down over the past few years, some homeowners owe more on their mortgages than their homes are worth. A Chapter 13 bankruptcy may
In a prior blog on this firm’s websites, we looked at the general rules for serving a summons and complaint on an individual in New Jersey. Let’s look at some of the variations in that process. A minor under the age of 14 must be served by delivery to either his parent, his guardian or
New Jersey Service of Process (Part 2) 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.
