A New Jersey sheriffs sale is the final step of the often long process of a mortgage foreclosure. If you are a successful bidder, you give a deposit to the sheriff at the sale, and have a limited time to pay the balance, at which point you receive the sheriffs deed. If you do not […]
HOW TO SET ASIDE A NEW JERSEY SHERIFFS SALE Read More »
You may be a beneficiary and/or fiduciary of an estate named as a party in a legal proceeding in New Jersey. A family member then suggests that s/he understands New Jersey estate law and can be your legal representative for the proceeding. Conversely, you may want to be the legal representative of a loved one
WHO MAY REPRESENT AN ESTATE OR INCAPACITATED PERSON IN NEW JERSEY Read More »
Q. What are the three levels of the New Jersey court system? A. The Supreme Court, the Appellate Division and the trial court. Q. How is the trial court organized? A. The trial court is divided into divisions based on the type of case that is being filed. The divisions include the Law Division, the
FAQs ABOUT THE NEW JERSEY COURT SYSTEM Read More »
You may be served with a subpoena requesting you to testify at a court proceeding or produce evidence to a court in lieu of testimony. For example, you could receive a subpoena if you were a bystander who witnessed a car accident. Alternatively, you may receive a subpoena if you or your business are in
WHAT YOU NEED TO KNOW WHEN YOU ARE SERVED WITH A SUBPOENA IN NEW JERSEY Read More »
You may have a family member or friend who is unable to make meaningful decisions regarding their health, finances or other aspects of life. One example is a young adult who is diagnosed with autism spectrum disorder and cannot withdraw his disability payments. Another situation is a parent or spouse who suffers from dementia and
GUARDIANSHIPS IN NEW JERSEY Read More »
Sometimes the police or other governmental actors go too far and violate the civil rights of New Jersey residents. A common example is false arrest. Another is some form of abuse while the victim is in the custody or care of a governmental actor, such as the Division of Child Protection and Permanency (DCPP), or
NEW JERSEY CIVIL RIGHTS VIOLATIONS Read More »
If you have an out of state judgment that you want to collect in New Jersey, we can help. The judgment needs to be submitted to the Superior Court of New Jersey with an affidavit that we will prepare for entry, together with the filing fee. Then it can be enforced against the New Jersey
COLLECTING FOREIGN JUDGMENTS IN NEW JERSEY Read More »
If someone falls on your sidewalk, are you responsible? New Jersey law says that it depends on what kind of owner you are. If you are a residential homeowner of a one or two family home in which you reside, then you are not liable. But please note that you should always carry liability insurance
SIDEWALK LIABILITY FOR PROPERTY OWNERS Read More »
This month, the New Jersey Supreme Court decided that an emotionally disabled condo owner could have an emotional support dog although pets that size were expressly prohibited by the master deed of the condo development. And compounded the damage by extending this holding to landlords being obligated to permit tenants to have an emotional support
SUPREME COURT GOING TO THE DOGS Read More »
In a recent Appellate Division decision, the New Jersey scheme of tax sale certificate foreclosures was radically overturned. Relying on a 2023 US Supreme Court opinion, the court found that a foreclosure judgment divesting the owner of all equity violated the Fifth Amendment of the US Constitution prohibiting taking of private property without
TAX FORECLOSURES FLIPPED 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.
