The Appellate Division recently upheld a summary judgment ruling which I obtained in a foreclosure case. The defendant claimed that her signature on the mortgage was a forgery. Her late husband was the borrower and the defendant signed the mortgage to secure her interest in the property. We were able to locate the notary who
Summary Judgment Upheld On Appeal In Foreclosure Case Read More »
By statute, all municipalities in New Jersey are required to hold annual tax sales of their certificates of unpaid real estate taxes. Third parties and the municipality bid on the tax sale certificates at the sale conducted by the tax collector. At the conclusion of the sale, the highest bidder pays the outstanding taxes and
Tax Sale Foreclosure Primer Read More »
A homeowner may decide to paint the interior of her home herself instead of hiring a contractor to do the work. However, most would avoid Do-It-Yourself electrical work due to fear of being shocked or because of lack of know how. The same is often true in the legal arena. With the advent of the
DIY Leases Have Consequences Read More »
Most real estate transactions proceed smoothly to closing. However, occasionally a buyer or seller may attempt to back out of the deal without just cause. For example, a seller may get emotional and not want to leave his long time residence. Or a buyer may decide that she is paying too much for the house
What Is Specific Performance? Read More »
In a prior blog, I spoke about the wisdom of investing in a title insurance policy when you purchase real estate. See https://www.middlesexcountynjrealestateattorney.com/2016/08/ In that blog, I detailed the failure of a title settlement agent to satisfy the prior owner’s mortgage, with the result that the new owner was served with a foreclosure complaint. Boundary line
Title Litigation Part 2 Read More »
The closing date for a real estate transaction is typically agreed by the parties and set forth in the contract of sale. Traditionally, that date has been a target date, without any penalty if either party is unable to close title. This allows leeway in the event of a personal emergency such as a hospitalization or last
Time Of The Essence Read More »
The concept of merger in real estate law is a tricky one but important for real estate investors to understand. Before the advent of municipal zoning, a property owner could divide a large tract of land into individual lots simply by having an engineer or surveyor prepare a map showing a grid of dividing lines
The Doctrine Of Merger Explained Read More »
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
Closing Disclosures: A Big Help For Homebuyers Read More »
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.
Resolving Boundary Disputes Read More »
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
Title Litigation Part 1 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.
