Real Estate Transactions & Investments

Real Estate
Transactions & Investments

Draw upon our full complement of services and expertise to help you through land acquisition and disposition, foreclosure/sheriff sale real estate, short sales, commercial real estate transactions, financing, and more.  We take a proactive approach to developing and implementing solutions to your distinct challenges to help you manage and profit from your real estate assets.

Real Estate Sales and Purchases

If you are selling or purchasing residential or commercial real estate, we can represent you during that transaction.  As well, if you are seeking to evict a tenant occupying a property you are selling or purchasing, we can advise you. 
Tax Appeals

If you are looking to reduce your real estate taxes, we first advise you an tax reduction is appropriate, file the tax appeal, and represent you at the hearing before the county tax board.
Ejectments/Squatter Lock Outs

Where there is no landlord tenant relationship, but you want to lock out the person living in the property, you must file for ejectment, not eviction, to obtain a lockout.  This is a different process than eviction and is not filed in Landlord Tenant Court, but in Special Civil Court or possibly Foreclosure Court.  Ejectments are often considered the lockouts of squatters or people, without a landlord tenant relationship, who may come to occupy the property in various ways (you allowed a guest to stay and now rescind your invitation, you need an adult child to leave, an executor allows a family member to stay but the family member will not leave before the closing, you purchased the property at a sheriff’s sale or from someone who foreclosed on the property, etc.).
Foreclosed / Sheriff Sale Real Estate

Many purchase foreclosed property or property auctioned at a sheriff sale as an investment.  However, issues can arise that can impede your profit such as the issues that are described below.  If you are interested in investing in foreclosed properties, we can consult you before you attend the sheriff sale.
Lockouts and Ejectment of Prior Homeowner

When you buy foreclosed/sheriff sale properties, they are often occupied by the prior homeowner (the persons who lost the property in the foreclosure action).  When you need to gain possession of property from the prior homeowner, we can file an Ejectment Action.  We also understand that not only do you need the prior homeowners to vacate, but their occupancy is costing you money.  When our office files an Ejectment action we seek monetary damages in addition to possession of the property. 

While most counties follow the same procedure for Ejectment Actions, some counties differ in the procedures.  We have sought such lockouts in numerous counties (including but not limited to Ocean, Monmouth, Mercer, Essex, Union, Hudson, Hunterdon, Somerset) and know what procedure to follow to avoid filing without delay. 
Lockouts of Tenants in Foreclosure

When you purchase a foreclosed property, Tenants may still be entitled to the protections of the Anti-Eviction Act.  Also, you are required to serve certain notices on Tenants and you become liable for the repayment of the security deposit.  When evicting a tenant in a foreclosed property, we attempt to negotiate an agreement wherein the tenant vacates, possibly pays for their use and occupancy, and relieves you of any liability for their security deposit. 
Bankruptcy

If the persons occupying the property you purchased file for bankruptcy before you obtain the deed, the Sheriff is barred by the Bankruptcy Court from accepting the balance and conveying a deed to you.  We can file a motion in Bankruptcy Court and obtain a Court Order requiring the Sheriff to accept the balance of funds and convey a deed to you. 
Unmarketable Title

However, sometimes lenders fail to include all liens or the lien does not become of record until after the foreclosure complaint is filed.  In these circumstances, the sheriff does not know that about the lien at all.  You have now purchased property with a lien that it should have. We can help negotiate the cancellation or your bid, file appropriate litigation to seek Court approval to cancel the purchase, or even perhaps help you obtain title insurance coverage despite the lien. 
Bid Cancellation

Also, if you decide after you placed your bid at the sheriff sale that you do not wish to complete your purchase, we can help negotiate the cancellation of your bid and partial return of your deposit.
Bid Completion and Extension

Sometimes though investors need help completing their bid and obtaining the deed.  Every sheriff’s office posts special conditions to its sales/auctions which include within how many days you must pay the balance and obtain the deed/title to the property.  If you fail to pay the balance of purchase funds by the due date posted at the sale, the lender may file a motion to vacate the sale and to have your bid forfeited; meaning you could lose your deposit.  Even if the lender is willing to let you pay late, the Sheriff may not.   The Sheriff may require a Court Order permitting them to accept funds from you after the due date before they can issue a deed/title to you.  We can oppose motions to vacate/forfeit deposit, negotiate with the Bank to allow you to pay late, and file motions seeking a Court Order requiring the Sheriff to convey a deed to you.
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