Category

Publications

What New Jersey Private/Hard Money Lenders Need to Know About Usury

Posted Adam S. Kessler Publications

The rule of thumb in New Jersey is that private and hard money lenders should only originate loans where: (1) the borrower 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.

Read More: What New Jersey Private/Hard Money Lenders Need to Know About Usury

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

Posted Adam S. Kessler Publications

(Published in New Jersey Law Journal) New Jersey case law holds that unpaid maintenance assessments and late charges assessed by a homeowners' association survive a foreclosure judgment and a sheriff's sale if recorded bylaws and deed covenants of the homeowners' association state that such obligation follows a subsequent owner.

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

Start the Conversation

Discuss your matter.

Tell us what you are working on — a transaction, a financing or refinancing, a commercial lease. A member of the firm will respond directly.