As technology changes the law must adapt. The New Jersey Supreme Court now recognizes that email and fax are each acceptable means of terminating a residential real estate contract within the 3-day attorney review period. Conley v. Guerrero (A-65-16)(April 6, 2017). In Conley the New Jersey Supreme Court had to revisit its earlier precedent establ...
Frequently we receive inquiries from prospective homeowners about clearing judgments discharged in their prior bankruptcy. The question typically arises after a contract of sale has been finalized and attorney review completed. A title company search reveals a prior judgment entered in the Superior Court of New Jersey, but which the client previous...
Picture this scenario: A debtor transfers his assets to his wife to avoid a creditor's judgment. The debtor then discharges the creditor's judgment in a chapter 7 Bankruptcy. Can the creditor independently sue the debtor's wife under New Jersey’s Fraudulent Transfer Act (“NJUFTA”), N.J.S.A. 25:2-20 et seq., to avoid the asset transfer e...
ATTENTION HOMEOWNERS IN FORECLOSURE. Just because a mortgage lender is negotiating a loan modification doesn't mean the lender has to suspend its rights when the borrower is in default. This is a rather common scenario in our difficult economic times. The bank sends its borrower a letter offering a loan modification. The borrower accepts the ban...
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