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Posted Adam S. Kessler Publications
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 ...
Read More: Open Letter to Our Community Association ClientsPosted Adam S. Kessler Publications
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. ...
Read More: Open Letter to Our Clients and Friends 3/27/2020Posted 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 UsuryPosted Adam S. Kessler Publications
We have launched the microsite www.lendinglawyers.com to showcase our lending practice.
Read More: Kessler Law Launches Microsite www.lendinglawyers.comPosted Adam S. Kessler Publications
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.
Read More: Attorneys’ Fees in Residential LeasesPosted Adam S. Kessler Publications
Condominium associations, their boards and management companies often are uncertain how to handle collection of assessments after a unit owner has filed for bankruptcy.
Read More: Condominium Associations and Unit Owner BankruptciesPosted Adam S. Kessler Published 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.
Read More: 1820 Amwell, L.L.C. v. PattiPosted Adam S. Kessler Publications
Update on the current status of residential mortgage foreclosures in New Jersey.
Read More: Memo – Foreclosure Update 11.2.11.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 SalesPosted Published 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.
Read More: Hageman v. 28 Glen Park Assoc., LLCPosted Published 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.
Read More: In re ConnorsPosted Published and Representative Opinions
Tobar Construction Company v. R.C.P. Associates, 293 N.J. Super 409 (App. Div. 1996)
Read More: Tobar Construction Company v. R.C.P. AssociatesStart the Conversation
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