When a homeowner fails to make mortgage payments, the lender will typically file a foreclosure action. Ultimately the lender may obtain a final judgment of foreclosure and then schedule a sheriffs sale for the property. At the sheriffs sale, the highest bidder will obtain title to the property, by a deed from the sheriff to the bidder upon payment in full […]
Sheriffs Sale Vacated Read More »
A State court litigant may have the option of removing his case to Federal court, if there is Federal jurisdiction over the case. There are two ways that the Federal courts may have jurisdiction. One is that the case involves a Federal question, such as violation of a constitutional right. The other is if there
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These days, everyone seems to be preoccupied with their credit scores. That can be a factor in having your rental application accepted, getting that new car loan, and generally affecting the cost of your borrowing money and paying back debt. There are many ways for you to hurt your credit score. Here are a few:
Don’t Hurt Your Credit Score Read More »
With the advent of oil replacing coal as the primary home heating fuel, someone had the questionable idea of creating underground storage tanks for the oil. Ultimately metal tanks rust/rot out and develop holes, permitting the oil to get out and water to get in. Not a good situation. In the late 1970s, the State
Underground Storage Tanks Read More »
In a 3-2 decision, the New Jersey Supreme Court recently barred accident victims from recovering their medical expenses from the negligent driver causing the injury. In this case, the victim had chosen a reduced personal injury protection (PIP) coverage of $15,000 but his medical expenses far exceeded that coverage. He therefore filed suit against the
An Unjust Result For Accident Victims Read More »
I was recently retained by a family to file a lawsuit to compel the State of New Jersey to amend their child’s birth certificate. This was a most unusual request. The child, a New Jersey college athlete, wished to establish dual citizenship with his country of origin in order to be eligible to try out
Amending Your Birth Certificate Read More »
In a recent Appellate Division decision, the court considered the claim of an auto accident victim who had caught a ride with a fellow member of a non-profit charitable arts organization. The organization arranged for percussion instrument performances and competitions for its members. It would inform the members of the time, date and location of
Charitable Immunity Protects Arts Organization Read More »
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 »
A creditor seeking to collect a judgment has many options. It can levy on a bank account, garnish the debtor’s wages or seek to sell any real estate owned by the debtor. However, there are rules and limitations on that process. For example, a creditor may not seek to sell the debtor’s real estate to
Protecting The Marital Home From Creditors Read More »
From our experience, we know that people file for bankruptcy for a number of reasons. Unemployment, death of a spouse, a costly illness or a divorce all may lead people to decide that bankruptcy is their best course of action. There are a number of fallacies that people have about filing for Chapter 13 and Chapter
Common Fallacies About Bankruptcy Read More »
The Whelan law firm has been committed to excellence for over 30 years. With offices located centrally in New Jersey, we are able to provide businesses and individuals with excellent legal services.
