Eminent Domain Allows Government to Seize Your Land, But Requires Them to Compensate You
By Fredrick P. Niemann, Esq., a NJ Condemnation & Eminent Domain Attorney One of the more controversial laws in New Jersey is that of …
New Jersey Allows Zoning Board and Planning Board Decisions Can Be Appealed to the Courts
By Fredrick P. Niemann, Esq., a NJ Real Estate Attorney It is very common that individuals must obtain variances when construction is involved on …
New Jersey Judge Blocks Foreclosure When Mortgage Note Not in Hand of Lender
A New Jersey Bankruptcy Judge recently disallowed a Proof of Claim by the lender on a Mortgage in default who was seeking to enforce …
NJ Real Estate Roundup Mortgage Appraisal Fraud
By Fredrick P. Niemann, Esq., a NJ Mortgage Appraisal Fraud Attorney Home Appraisal Fraud Joseph and Kimberli bought an un-improved lot in a subdivision …
Estate Planning for Vacation Homes
Fredrick P. Niemann, Esq., a NJ Estate Planning Attorney Whether it is a palatial estate where Rockefellers and Vanderbilts would feel at home or …
Thinking About Transferring Your Home – Have You Considered the Tax Implications? Part 2
In one of my last posts I explained how Mom’s transferring her home to a child(ren) during her lifetime will result in capital gains …
Thinking About Transferring Your Home – Have You Considered the Tax Implications? – Part 1
“Mom wants to transfer her home to me. Do you think it’s a good idea?” A seemingly simple question and one that is probably …
Thinking About Transferring Your Home – Have You Considered the Tax Implications? – Part 2
In one of my last posts I explained how Mom’s transferring her home to a child(ren) during her lifetime will result in capital gains …
Reverse Mortgages – Another Look in Today’s Economic Climate
Mom and Dad are living in their home but their health is failing. They do not yet need nursing home level care, but do …
Finally, NJ Introduces a Middle Class Friendly Tax Law
Fredrick P. Niemann, Esq., an Estate Planning Attorney Pending in the NJ Legislature is a bill to amend the New Jersey transfer inheritance tax …
Towns Can No Longer Ban Sex Offenders; Can Landlords?
In what has been viewed by many observers as a landmark decision an Appellate Division panel in the Superior Court of the State of …
New Jersey Division on Civil Rights requires online filing of annual multiple dwelling reports
Effective August 18, 2008, N.J.A.C. 13:10-2.4 was amended to require all owners of multi-family dwellings to file the annual MDRR report online at the …
Call it Eminent Domain or Condemnation, the End Result is Landowner Gets Settlement for “Taking”
When the government takes aim at private property to be taken for some public purpose, more often than not any resulting litigation is a …
New Jersey Adopts Expanded Mandatory Mediations in Home Foreclosures
MEDIATION EXPANDS STATEWIDE Foreclosure filings in New Jersey during the past 12 months are up 46 percent over the previous 12 months, and this …
New Landlord Requirements Under New Jersey’s Predatory Towing Act
By Christopher J. Hanlon, Esq. The new Predatory Towing Act which became effective October 18, 2008 prohibits non-consensual towing, including towing of motor vehicles …
Avoiding Foreclosures Through Short Sale
The intelligent alternative to bankruptcy or to foreclosure proceedings There has been an unprecedented explosion in demand for attorneys who specialize in representing homeowners …
New law makes changes to reverse mortgages
In addition to addressing the current housing crisis, the Housing and Economic Recovery Act of 2008 makes changes to reverse mortgages, including higher borrowing …
Joint Tenancy
Creating and Terminating Joint Tenancies in Real Estate Several issues arise when a non-citizen spouse owns real estate jointly with a citizen spouse. The …
New Jersey town allowed to zone out
Without comment, the U.S. Supreme Court has decided not to review a much publicized case in which Long Branch zoned a self described mission …
Study: Bankruptcies soar for senior citizens
First came the health problems. Then, unable to work, Ada Noda watched the bills pile up. And then, suffocating in debt, the 80-year-old did …
Real Estate Crisis – Foreclosure Procedure Updated
The New Jersey Supreme Court has adopted a set of new and revised rules on mortgage foreclosure procedures designed to modernize the foreclosure practice …
A Sublease Violation Costs Tenant it’s Lease; Court Allows Eviction
Don’t assume knowledge of a violation of a lease provision will allow you to avoid eviction. A recent NJ decision involving a commercial landlord …
Foreclosing Bank Denied Legal Fees and Costs
In a foreclosure, a plaintiff cannot recover counsel fees against a homeowner or borrower in foreclosure actions prior to filing the foreclosure complaint. A …
Landlords Beware: Commercial Tenant Failure to Obtain Municipal Permits is Not Grounds For Eviction
The New Jersey Appellate Division in an unpublished decision, Cesar S. Arredondo v. Nersy Pujols, Docket No. A-5459-05T25459-05T2, ruled that breaches of both of …
Tenant Filing for Bankruptcy? Take Action Now to Protect your Rent.
Experienced, no nonsense attorneys for Landlords. Commercial Landlords: Four Important Questions to Ask When a Tenant Files for Bankruptcy With the recent downturn in …
Landlord’s Beware: Commercial Tenant Failure to Obtain Municipal Permits Not Grounds For Eviction
The New Jersey Appellate Division in an unpublished decision, Cesar S. Arredondo v. Nersy Pujols, Docket No. A-5459-05T25459-05T2, ruled that breaches of both of …
Grounds for Eviction
When a landlord is seeking to terminate a residential tenancy, it is important to select the proper statutory grounds under which to proceed. Under …
Commercial Landlords: Four Important Questions to Ask When a Tenant Files for Bankruptcy
With the recent downturn in the market, a number of commercial tenants are experiencing financial difficulties. In turn, this can lead to problems for …
Short Sales When Loans Exceed the Value of a Home
What is a short sale? This is a term which is being used with increasing frequency in today’s real estate market. A short sale …
As a Landlord, Here are 10 Things to Know When Going to Tenancy Court
New Jersey law is very biased against Landlords. One innocent mistake can be devastating to you financially. 1. When the Clerk or Judge calls the …