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Layni S Rothbort

Layni Rothbort’s Answers

510 total


  • What can I do to have a quit claim deed revoked and stop the thief personal representative from stealing any more from estate

    I signed a quit claim in which the executor used several tactics to "encourage" me to sign. i.e. Had me falsely arrested (breaking into the property I am speaking of), I was supposed to be a beneficiary inheriting 1/2. He had me sign even though h...

    Layni’s Answer

    You have repeatedly posted this question here but refuse to take the advice given . You must arrange a consultation with a local attorney with whom you can go over all the facts and to whom you can show all of the pertinent documentation I order to determine your options. Unless and until you do that, you will not be able to accomplish anything. No one here is able to help you since the issues you present are very complex and fact-driven. Go to a local attorney right away!

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  • I recieved a notice to comply or quit 1 day to comply & 3 days to move out. Don't I need to receive an eviction notice too

    that gives me 30 days to move?

    Layni’s Answer

    If you fail to comply with the notice and remain in the rented property, the landlord must go through the eviction process before you can actually be evicted. The landlord must file a complaint in Landlord- Tenant Court seeking a judgment for possession. A trial date must be set and if you appear in court on the scheduled date, you will have your trial unless you are able to settle with the landlord during the required court-facilitated mediation beforehand. If you cannot settle and the case goes to trial, you will have an opportunity to present a defense to the landlord's allegations. If you lose the case, the landlord must wait 3 days before requesting issuance of a warrant of removal and then he must wait for a court-appointed officer to serve the warrant. Once the warrant is served, you will have 3 days to move out. If at that time, you fail to move out, that is when you will be locked out, I.e., " evicted." The landed cannot just lock you out on his own at any time during this process.

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  • Can I be evicted for non-payment of rent with a notice of comply or quit?

    Dover

    Layni’s Answer

    Non-payment of rent is the only cause for eviction which does NOT require the landlord to serve a Notice Quit in advance. A landlord can file a eviction complaint immediately when a tenant has not paid rent on time.

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  • The attorney executing a Quit Claim Deed recorded Feb 23 2012 was disbarred March 12, 2012, is the deed legal and valid?

    The deed itself is suspect upon careful examination. The lawyer executing it says record and return to his address. He was disbarred in less than a month after it was recorded. He was disbarred for many many violations for over many many years. So...

    Layni’s Answer

    The attorney's disbarment may or may not affect the validity of the deed. You would need to take the documentation you have to another attorney who can assess the situation and advise you regarding the validity of the deed.

    Just be aware that the "Record and Return" section of a deed normally is filled out by the seller's (grantor's) attorney so that the deed is sent to the buyer's (grantee's) attorney after recording. The buyer's attorney will then make a copy of it for the file and forward the original to the grantee. The grantor (seller) does not get the deed back. Without more information, it is hard to assess whether or not the "errors" you perceive to be present are actually errors. That is why you need to bring the paperwork to an attorney for review.

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  • How to stop a warrant of removal from a rented house?

    I received a notice the U.S. mail today from my Landlord's Attorney sending a request to the court requesting a warrant for removal. Here are the exact circumstances. We did in fact enter into an agreement to pay the rent on time and the arrears o...

    Layni’s Answer

    If a warrant for removal is being requested, you must have been in court at some point defending yourself against the landlord's complaint for eviction due to your non-payment of rent. If you entered into a settlement agreement whereby you agreed to pay the rent on time going forward and to make additional payments in order to catch up on the arrearage and then failed to actually do so, even if your failure was unintentional, you have in fact breached the agreement and the judgment for possession of the rental property would have been entered in favor of the landlord. Unfortunately, once that has occurred, a tenant has no right to remain in the property unless the landlord agrees to drop the case. Your best bet would be to try contact the landlord's attorney, to explain the situation and ask the attorney to speak to his client and explain the circumstances. If the landlord is sympathetic, you may be allowed to stay; if not, the most the court can due for you is issue an additional one week "Orderly Removal" stay or a "hardship stay" of up to 6 months. The criteria for a hardship stay are venue strict and most people do not qualify and even if they do, they must move out by the end of the 6 months. So unless you can get the landlord to agree to allow you to stay, you will need to prepare to move out within the next 2 or 3 weeks. As suggested previously, you might want to consult with a local attorney who specializes in landlord/tenant law.

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  • Remove name from property title

    If both parties agree, can I remove my name from a property that both my name and my husband's name are on the title? Do I have to pay title transfer fees, filing fees, etc.?

    Layni’s Answer

    Only if there is no mortgage on the property. If there is, you would still be liable for mortgage payments and any transfer of title could be considered a breach of the mortgage and all amounts due would become due and payable immediately. Your husband would have to refinance the property in his own name if the mortgage could not be paid off and if he cannot qualify for mortgage on his own, everything would have to stay the same as it is.

    Transfers between husband and wife doe not incur the realty transfer fee, but everyone must lay filing fees.

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  • I'm buying a house & received a call that the current owners have to repair sidewalk In order to get CO- they want us to pay?

    pls advise if it is customary that the current owners have to pay to get CO

    Layni’s Answer

    It is customary for the seller's to obtain the CO, but not necessarily at their own expense. Attorneys for seller's often try to limit their client's cash outlays by negotiating during attorney review for a modification of the CO provision whereby the seller will pay for whatever repairs are required to obtain a CO up to a specific dollar amount. If the cost will exceed that amount, the buyer would have to agree to pay the balance or cancel the contract. Without seeing the contract in question, it is impossible to determine whether the seller is contractually obligated to pay whatever it will cost to obtain the CO or whether any of the cost can be attributed to the buyer. If you are represented by an attorney, you need to discuss this with him or her; if not, get one.

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  • Can a listing agent list a 4 bedroom house, when it is legally only 3 bedrooms?

    We are currently in the inspection contingency period of our home buying. After the inspection, we found out the basement can't be used as a bedroom (not large enough windows for a fireman). We also found noticeable mold in the basement which was...

    Layni’s Answer

    You can try to re-negotiate the sales price based on the discoveries made during the inspection period. If the property is only a 3-bedroom, when your lender does an appraisal, the house may appraise at a lower value than if it were a legal 4-bedroom as advertised. If that occurs, it would give you more ammunition for arguing for a lowered purchase price. You can request that the seller remediate any mold prior to closing or negotiate a closing credit for you to take care of it after you take title.

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  • Found out my Landlord lied to me after i signed a rental lease in NJ. What are my options,if Landlord is unwilling to help,

    The lease is between my girlfriend and i. When i met the landlord at burger king, i notified my girlfriend is not available, he insisted it was fine , to just mail him the original copy of the lease signed by her later. As long as i had the 2 mon...

    Layni’s Answer

    You signed a lease without having seen the apartment first? A lease is a legally binding contract and you obligated yourself to the terms of the lease by signing it. The fact that you did not see the apartment before signing the lease is your fault, not the landlord's. It does not give you any valid basis for breaking the contract; you should have met the landlord at the property, not at a Burger King. You had better get started on that cleaning! The one thing that does concern me is the amount of security deposit you may have given the landlord. Under New Jersey law, a landlord can collect only 1.5 months' rent for security unless this is in an owner-occupied building with 3 units or less. If your situation does not fall into that exception, the landlord must refund the excess money he collected for the deposit. Also, make sure that you get notice from the landlord about in which bank your security deposit is being held. Landlords are required to provide such information within 30 days of the payment of said deposit, unless the rental is in the aforementioned owner-occupied property, in which case you must send the landlord a 30-day written notice stating that you want him to comply with the Rent Security Deposit Act's provisions.

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  • Can my wife take my name off our mortgage company records, there is a restraining order on me and I do not currently live at the

    Can my wife take my name off our mortgage company records, there is a restraining order on me and I do not currently live at the house but the deed is in both our names. This is in New Jersey. The last recent printout from them on status of the ho...

    Layni’s Answer

    The only way that someone's name is removed from a lender's records is if the mortgage is paid off in full. No lender will just remove a borrower's name at the request of another borrower.

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