Typically a prospective homebuyer is asked to sign many forms in addition to the contract of sale when presenting an offer to buy a house through a realtor. If the offer is accepted (by the seller signing the contract), and the buyer or seller retains an attorney to represent him or her in the transaction, […]
BEWARE OF COVID 19 HOLD HARMLESS AND RELEASE Read More »
The COVID-19 pandemic has resulted in a few temporary changes to substantive bankruptcy rules under the Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act. These modifications will last for only one year and at this writing, will expire on March 27, 2021. For example, a debtor with a prior Chapter 13 repayment plan can
Changes to Bankruptcy Rules Under the CARES Act Read More »
A client’s home was foreclosed by his mortgage lender and sold at a sheriffs sale. He had ten days after the sale to redeem the property by paying the lender. On the tenth day, he contacted me and indicated that he would be able to redeem in a couple of weeks. We filed bankruptcy for
Home Recovered After Sheriffs Sale Read More »
The term “underwater home” means that your house is worth less than what you owe on the mortgage. In that case, you could decide to surrender the property as part of a Chapter 7 or 13 bankruptcy proceeding. Doing this absolves you of any personal liability on the mortgage note, but the mortgage itself
Underwater Homes in Bankruptcy Read More »
Realtors, title companies, mortgage lenders and closing attorneys are all operating at the present time, but in a very different fashion given the health crisis affecting our State and nation. Realtors are showing houses on a one on one basis, masked and gloved. Title companies are conducting closings but not in the style of the
Real Estate Closings In The Era Of Social Distancing Read More »
In a recent reported decision, the New Jersey Supreme Court reversed the trial court approval of a settlement involving an accident victim who had a diminished mental capacity. It also reversed the Appellate Division‘s affirmance of that trial court decision. The plaintiff was working at the defendant‘s property when she was struck in the head
Settling With An Incapacitated Plaintiff Read More »
In case you were wondering, the New Jersey courts are open. However, there are severe limitations on attorneys and clients actually going to courthouses. For several years, most cases are being electronically filed with the courts. Two significant classes of cases were excluded however: landlord/tenant eviction cases, and Chancery cases. The court system always planned
New Jersey Litigation in Corona Times Read More »
The New Jersey courts have consistently held that a commercial property owner‘s obligation to keep sidewalks and other portions of its property free from snow and ice does not begin until a reasonable period of time after the snow has stopped falling. The idea is that the owner should only need to have the sidewalk
You May Have To Shovel While It’s Still Coming Down Read More »
The economic shutdown ordered by the New Jersey governor has closed thousands of our businesses and put hundreds of thousands of our residents out of work. To date, many have not been able to obtain unemployment compensation due to the inadequacies of the State government. For the self employed and gig workers, there is simply
Bankruptcy and COVID-19 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.
