Blog Posts


New Jersey Real Estate Attorneys Beware: Signing HUD-1 Real Estate Settlement Form Has Its Risks


New Jersey real estate attorneys who act as the settlement agent in real estate transactions must take extra precautions when signing the real estate settlement statement known as a HUD-1.  The HUD-1 form lists all the fees for services that the lender or broker charges to the buyer during the purchase of a property, as well as the money exchanged...

Posted by , May 5, 2015 • Professional Ethics

Can a Parent Revoke a Gift of Stock to a Child?


Can a parent ever revoke gift of corporate stock given to a child?  The short answer is maybe. A gift of stock from parent to child is presumed to be a gift under New Jersey law. For the parent to revoke the presumption of a gift requires the parent to meet New Jersey's highest civil burden of proof under the 'clear and convincing' evidence stand...

Posted by , May 3, 2015 • Litigation, Probate Litigation

NJ Trial Court Rejects Landlord’s Eviction of Section 8 Tenant for Failure to Serve Public Housing Authority With Default Notice


EVICTION SECTION 8 TENANT NJ In a published decision issued on March 30, 2015, a Union County, New Jersey trial judge vacated the eviction of a Section 8 residential tenant finding that the landlord failed to serve a required pre-lawsuit default notice on the public housing authority responsible for subsidizing the tenant's rent.  Winns v. Rosa...

Posted by , April 2, 2015 • Landlord-Tenant

Entire Controversy Doctrine: Loophole Allows For Second Bite Of The Apple


Consider this hypothetical: Plaintiff accounting firm (“Accounting Firm”) files a collection suit (“Action 1”) against defendant limited liability company (“LLC”) for nonpayment of invoices.  In LLC’s answer to the Accounting Firm’s Complaint, LLC raises professional negligence as an “affirmative defense.”  LLC fails to retain...


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