New Jersey Supreme Court Ends Document Dumping

Bookmark and Share
New Jersey Supreme Court Puts The Kaibash on Document Dumping in Pretrial Discovery.

Document Dumpi
Location: 20 Court St, Hackensack, NJ 07601, USA

Comments

Post a Comment

Popular posts from this blog

Vacating Sheriff's Foreclosure Sale - Lack of Notice to Homeowner

Image
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...
Read more

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

Image
  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...
Read more

New Jersey Law Prevents Judgment Creditors From Forcing Sale of Jointly Held Real Estate Unless Judgment Is Against Both Property Owners

Image
' T his question frequently arises in the context of consulting with married couples who own jointly held real estate and a creditor has obtained a civil money judgment against only one of them.  The most typical example is when either the husband or wife personally guarantees a business debt, the business ultimately fails or the husband or wife defaults on the loan, and the creditor files suit and recovers a judgment on the personal guaranty.   Under New Jersey law can the judgment creditor of one spouse compel a court to order the sale of their jointly held marital residence?   The short answer is "no," provided that the non-debtor spouse survives the debtor spouse.  When the debtor spouse passes away, the creditor's judgment goes to the grave with him/her and the surviving spouse holds the marital residence free and clear of the judgment.   However, during the lifetime of the debtor spouse the judgment creditor is still permitted to levy ...
Read more