David Kessler & Associates, LLC. http://www.kesslerlaw.com/blog/ recent posts en-us Thu, 25 Apr 2024 17:18:42 -0400 Open Letter to Our Community Association Clients http://www.kesslerlaw-new.com/blog/open-letter-to-our-community-association-clients/ As we all confront the health and business challenges resulting from the Coronavirus, please know that we are here to help. 

Some of you have already started to reach out to our team to prepare for an inevitable consequence of the current pandemic, collection of delinquent assessments from unit owners ... 

]]> 2020-04-05 19:29:47 http://www.kesslerlaw-new.com/blog/open-letter-to-our-community-association-clients/ Open Letter to Our Clients and Friends 3/27/2020 http://www.kesslerlaw-new.com/blog/open-letter-to-our-clients-and-friends/ To our Clients and Friends:   As we all confront the health and business challenges resulting from the Coronavirus, please know that we have the ability, background and commitment to help our clients address these challenges.   ...  

]]> 2020-03-27 12:21:27 http://www.kesslerlaw-new.com/blog/open-letter-to-our-clients-and-friends/ What New Jersey Private/Hard Money Lenders Need to Know About Usury http://www.kesslerlaw-new.com/blog/What New Jersey Private/Hard Money Lenders Need to Know About Usury/ The rule of thumb in New Jersey is that private and hard money lenders should only originate loans where: (1) the borrow is a corporation, limited liability company or limited liability partnership; and (2) the security for the loan is non-owner occupied properties purchased for investment purposes.  Where the above two rules of thumb are followed, New Jersey private and hard money lenders should be exempt from civil usury restrictions and subject only the criminal usury restriction of 50% per annum.

]]> 2020-03-03 08:08:30 http://www.kesslerlaw-new.com/blog/What New Jersey Private/Hard Money Lenders Need to Know About Usury/ Kessler Law Launches Microsite www.lendinglawyers.com http://www.kesslerlaw-new.com/blog/kessler-law-launces-microsite-www.lendinglawyers.com/ Posted by Adam S. Kessler, Esq.

We have launched the microsite www.lendinglawyers.com to showcase our lending practice. 

]]> 2019-10-23 10:35:22 http://www.kesslerlaw-new.com/blog/kessler-law-launces-microsite-www.lendinglawyers.com/ Attorneys’ Fees in Residential Leases http://www.kesslerlaw-new.com/blog/attorneys-fees-in-residential-leases/ 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.

]]> 2014-03-01 16:24:52 http://www.kesslerlaw-new.com/blog/attorneys-fees-in-residential-leases/ Condominium Associations and Unit Owner Bankruptcies http://www.kesslerlaw-new.com/blog/condominium-associations-and-unit-owner-bankruptcies/ 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.

]]> 2014-01-17 16:23:10 http://www.kesslerlaw-new.com/blog/condominium-associations-and-unit-owner-bankruptcies/ 1820 Amwell, L.L.C. v. Patti http://www.kesslerlaw-new.com/blog/1820-amwell-l-l-c-v-patti/ 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.

]]> 2012-04-30 11:43:20 http://www.kesslerlaw-new.com/blog/1820-amwell-l-l-c-v-patti/ Memo – Foreclosure Update 11.2.11. http://www.kesslerlaw-new.com/blog/memo-foreclosure-update-11-2-11/ Posted by Adam S. Kessler, Esq.

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

]]> 2011-11-02 10:22:12 http://www.kesslerlaw-new.com/blog/memo-foreclosure-update-11-2-11/ Consequences of Homeowners’ Association Maintenance Arrears on Third-Party Purchasers at Sheriff’s Sales http://www.kesslerlaw-new.com/blog/consequences-of-homeowners-association-maintenance/ 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.

]]> 2010-01-04 10:32:16 http://www.kesslerlaw-new.com/blog/consequences-of-homeowners-association-maintenance/ Hageman v. 28 Glen Park Assoc., LLC http://www.kesslerlaw-new.com/blog/hageman-v-28-glen-park-assoc-llc/ 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.

]]> 2008-02-01 11:42:03 http://www.kesslerlaw-new.com/blog/hageman-v-28-glen-park-assoc-llc/ In re Connors http://www.kesslerlaw-new.com/blog/in-re-connors/ 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.

]]> 2007-08-03 11:41:25 http://www.kesslerlaw-new.com/blog/in-re-connors/ Tobar Construction Company v. R.C.P. Associates http://www.kesslerlaw-new.com/blog/tobar-construction-company-v-r-c-p-associates/ Tobar Construction Company v. R.C.P. Associates, 293 N.J. Super 409 (App. Div. 1996)

]]> 1996-08-16 11:37:21 http://www.kesslerlaw-new.com/blog/tobar-construction-company-v-r-c-p-associates/