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 »
The New Jersey Appellate Division recently considered the appeal of a woman who slipped and fell on icy steps at a museum entrance, injuring her back. The trial court had dismissed her lawsuit against the museum, based on the Charitable Immunity Act. The museum is a nonprofit association organized exclusively for charitable, artistic, scientific, educational,
Non-Profit Museum May Be Liable In Slip And Fall Read More »
Traditionally, a home buyer has obtained a property survey when purchasing a home. This is a drawing of the house on the lot prepared by a licensed surveyor which shows various measurements such as the distance of the house from the surrounding property lines. It will also show for instance if a neighbor’s fence is
The Importance Of Having A Survey For Your Home Purchase Read More »
In a recent New Jersey Federal court decision, a homeowner was sued when a contractor’s employee was injured while using the contractor’s table saw in the course of remodeling the homeowner’s bathroom. The employee also sued the contractor and the saw manufacturer. The claim against the saw manufacturer was settled. The homeowner moved for summary
Homeowner Not Liable In Construction Accident Read More »
Shortly after a bankruptcy petition is filed, the court will appoint a trustee to the case. Trustees are selected from a list maintained by the court and are usually experienced bankruptcy attorneys. The debtor will meet the trustee when s/he attends the meeting of creditors. It is the trustee’s job to question the debtor under oath
What Is A Bankruptcy Trustee? Read More »
In a prior blog post, we discussed the Conley v. Guerrero decision, in which Judge Coleman held that an attorney review letter was validly and effectively sent, by fax and email, although the contract in the transaction and the New Jersey Supreme Court decision in New Jersey State Bar Association v. New Jersey Association of Realtor Boards required the letter to
Attorney Review Update Read More »
Faithless Servant Doctrine The New Jersey Supreme Court in its 2015 decision in Kaye v. Rosefielde confirmed that an employer suing a disloyal employee could recover the compensation paid to the employee during the period of disloyalty, even if the disloyal conduct did not actually damage the employer. The court found that “disgorgement” is an equitable remedy
Employer Suing a Disloyal Employee Read More »
New Jersey has one of the most stringent residential tenant security laws in the nation. First, the landlord can charge no more than 1 ½ times the monthly rental amount as a security deposit. Next, s/he must deposit the money in an interest bearing account for the benefit of the tenant, and notify the tenant
Claims under the New Jersey Rent Security Deposit Act 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.
