New Jersey Law Review Blog Featured on Blogorama

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Can One Co-Owner Of Real Estate Owned As Tenants in Common Force The Other Co-Tenant To Sell His/Her Share?

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  There are significant legal distinctions between owning property as tenants by the entirety versus owning property as tenants in common.  Understanding these legal distinctions is important when it comes to purchasing  residential real estate with friends, business partners, or relatives. A joint tenancy is a form of property ownership where the co-owners own the property equally.  If one joint tenant dies, the surviving joint tenant automatically inherits the entire property.   By contrast, a tenancy in common is a form of co-ownership of property that does not include a right of survivorship.   In a tenancy in common, each co-owner's portion can be passed to beneficiaries named in a will, which may or may not be someone who the surviving co-tenant ever envisioned owning the property with or living with.  In New Jersey, two people, other than married couples, are presumed to own property as tenants in common unless they've otherwise...
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Vacating Sheriff's Foreclosure Sale - Lack of Notice to Homeowner

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In this article I discuss the rights and remedies available to a New Jersey homeowner who has lost his or her property to a sheriff's sale because the lender failed to provide actual notice of the sheriff's sale date. The state of confusion that can be created by the lender's failure to communicate with the borrower can be grounds to vacate a sheriff's sale under New Jersey law. But the homeowner must get to the court quickly upon learning of the sale. For purposes of this article I ask my readers to make the following assumptions: (1) a foreclosure suit has been filed in New Jersey; (2) the borrower has requested a loan forbearance/modification from the lender either by initiating the court ordered mediation process or by participating in any of the lender's voluntarily homeowner assistance programs; (3) during the period of time when the borrower and lender are in the midst of the loan forbearance/modification process a sheriff's sale is schedule...
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Bad Faith Chapter 13 Bankruptcy: Dismissal or Conversion to Chapter 7

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Dismissal or Conversion of a Bad Faith Chapter 13 Bankruptcy Case Much t o your surprise, someone you loaned a substantial amount of money to just filed for Chapter 13 bankruptcy protection and didn’t even give you the courtesy of a phone call in advance. You receive a notice in the mail from the bankruptcy court informing you of the filing. Your only proof of the debt is a signed promissory note and a copy of your cancelled check. Should you toss the notice in the garbage and just assume you’ll never see a dime from this person? Perhaps, but in some instances upon closer examination it may be determined that your debtor filed the bankruptcy case in bad faith either by deliberately omitting the disclosure of assets, income, or both. As bankruptcy relief is intended for the honest but unfortunate individuals, intentionally falsifying a bankruptcy petition can result in the bankruptcy court dismissing the Chapter 13 case or converting it to a liquidation bankruptcy case under Ch...
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