When a co-owner of real estate decides they want to segregate their interest in the property, to the objection of the other owner(s), practical and legal issues quickly arise. So what remedy does one have to withdraw from co-ownership of real estate? The law provides a person may withdraw from marriage by divorce, or from […]

Falling behind on mortgage payments can happen to anyone. How one handles what happens after that can be vitally important to the resolution of the problem. What follows are five things that one should do, or should not do when facing foreclosure: DO review all correspondence from the mortgage lender/servicer. Burying your head in the […]

The National Society of Surveyors (NSPS) and the American Land Title Association (ALTA) have substantially revised the Minimum Standard Detail Requirement for ALTA/NSPS Land Title Surveys, which are effective February 23, 2016 (revising the 2011 existing version). The existing Standard and its revision are designed to fulfill the unique needs of the title insurance industry […]

If you record a mortgage affecting land with the local county land recording office, that gives you priority over someone filing another mortgage after yours, correct? Well, not necessarily. I’m not saying don’t record. Always record. But that doesn’t necessarily mean that you’ve been protected. A recent example of how this can happen arises in […]

A New Jersey court recently denied a condominium association’s application for attorney’s fees accrued during collection efforts because the association’s governing documents failed to expressly provide for those post-judgment fees. In the United States, the general rule is that each party pays its own attorney’s fees, win or lose.  One common exception to this rule occurs […]

Satellite dishes and antennas can be a point of contention in community associations. Viewed by some as an unwanted deviation from the uniform appearance of the community, satellite dishes and antennas may offer cost-savings or enhanced programming options deemed essential to sports fanatics. Those who purchase a unit in a community buy subject to the […]

Can your community association be held liable for injuries caused by poorly maintained sidewalks? According to the most recent State Supreme Court decision on this issue, yes, if the association owns the sidewalks within the community. Recently, New Jersey’s Supreme Court clarified that community associations containing private sidewalks have an obligation to maintain those sidewalks […]