Attorneys’ Fees in Residential Leases

Posted March 1, 2014Publications

Posted by Adam S. Kessler, Esq.

After the New Jersey Supreme Court’s recent decision in Green v. Morgan Properties, 215 N.J. 431 (2013), it is advisable that flat fees for attorney services included in residential leases have a direct and actual connection to time spent on a particular matter.

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Condominium Associations and Unit Owner Bankruptcies

Posted January 17, 2014Publications

Posted by Adam S. Kessler, Esq.

Condominium associations, their boards and management companies often are uncertain how to handle collection of assessments after a unit owner has filed for bankruptcy.

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1820 Amwell, L.L.C. v. Patti

Posted April 30, 2012Published and Representative Opinions

In 1820 Amwell, L.L.C. v. Patti, (App. Div. 2012), the Appellate Division held, in a summary dispossess action, that upon delivery of the Sheriff's Deed the purchaser at Sheriff's sale is vested with a fixed and legal right to collect rent, retroactive to the date of the Sheriff's sale.

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Memo – Foreclosure Update 11.2.11.

Posted November 2, 2011Publications

Posted by Adam S. Kessler, Esq.

Update on the current status of residential mortgage foreclosures in New Jersey.

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Consequences of Homeowners’ Association Maintenance Arrears on Third-Party Purchasers at Sheriff’s Sales

Posted January 4, 2010Publications

Posted by Adam S. Kessler, Esq. (Published in New Jersey Law Journal)

New Jersey case law holds that unpaid maintenance assessments and late charges assessed by a homeowners' assocation survive a foreclosure judgment and a sheriff's sale if recorded bylaws and deed convenants of the homeowners' assocation state that such obligation follows a subsequent owner.

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Hageman v. 28 Glen Park Assoc., LLC

Posted February 1, 2008Published and Representative Opinions

Hageman v. 28 Glen Park Assoc., LLC, 402 N.J. Super 43 (Ch. Div. 2008): In this case a foreclosed homeowner brought an action against the third party bidder at Sheriff’s sale. David Kessler & Associates filed a motion to dismiss the homeowner’s Complaint prior to trial. The Court granted the motion and dismissed the homeowner’s action, holding that the homeowner, who had initially obtained a stay of the foreclosure sale based upon false statements to the Court, was precluded by the Doctrine of Unclean Hands from maintaining an action against the third party bidder.

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In re Connors

Posted August 3, 2007Published and Representative Opinions

In re Connors, 497 F3d 314 (3d Cir. 2007): In Connors, the Court of Appeals followed the “Gavel Rule”, holding that a homeowner cannot cure a mortgage default beyond the day of the foreclosure sale.

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Tobar Construction Company v. R.C.P. Associates

Posted August 16, 1996Published and Representative Opinions

Tobar Construction Company v. R.C.P. Associates, 293 N.J. Super 409 (App. Div. 1996)

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