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 »
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 …
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 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 …
The New Jersey Appellate Division recently reversed a trial court decision dismissing claims against realtors for failure to disclose the deaths of two children in an elevator accident in a private home sold through those realtors. The listing agent was shown to have actual knowledge of the accident and had actually conferred with Coldwell Banker …
Realtors May Be Liable For Failure To Disclose Elevator Deaths Read More »
Typically at some point in a real estate transaction prior to closing, the buyer’s attorney will order a title commitment from a title insurance company. That commitment will contain all pertinent searches pertaining to the property being purchased, such as judgments, taxes, flood area and tidelands status and county land records. The title commitment is …
The New Jersey Appellate Division recently held that a homeowner who meets all of his obligations under a Home Affordable Mortgage Program (HAMP) trial period plan agreement would be entitled to a loan modification. The court looked at the agreement which provided in part: “If I am in compliance with this Trial Period Plan…then the …
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.
