Real Estate

For all mortgage applicants after October 3, 2015, the Closing Disclosure form will answer many common questions and give protection as to essential terms.  This five page document must be given to borrowers at least three days prior to closing.  By comparing the Closing Disclosure to the Loan Estimate received by applicants when they applied […]

In a purchase transaction I handled last year, the new survey showed that the house being purchased was more than two feet onto the neighbor’s property. As a condition of proceeding with the closing, I required the seller to obtain a written easement from the neighbor permitting the encroachment to remain, running with the land.

A year after you close title to your new home, a process server delivers a foreclosure complaint to your door. You notice that your name is listed as a defendant as well as the name of your seller. You see that the plaintiff holds a mortgage on your home that is in default but you

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

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

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

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