Melissa Suarez’s Answers

Melissa Suarez

Englewood Cliffs Real Estate Attorney.

Contributor Level 8
  1. Retroactive emmancipation and termination of arrears

    Answered almost 3 years ago.

    1. Melissa Suarez
    2. Kenneth A White
    3. David Perry Davis
    3 lawyer answers

    I'm sorry to hear about your current situation. Unfortunately the only thing that you could have done would have been to file a motion to modify the child support while you were still currently paying it. It would have been retroactive to the date of filing but unfortunately it would not have adjusted any payments made prior to filing the motion. With that said, since your son has since been emancipated, it seems that there is nothing you can do about the child support paid when he wasn't....

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  2. Is it legal

    Answered almost 3 years ago.

    1. Melissa Suarez
    2. James Alexander Abate
    2 lawyer answers

    I agree with my colleague on this one. Technically a landlord may enter your apartment without consent and without notice only for emergency purposes. In this case, if it was not an emergency, your landlord had no right to enter your apartment. If you have a lease, you should check the terms of it to see what it says about the landlord accessing your apartment. If his entry was contrary to the lease, and not an emergency, you may want to contact your local police department. Arguably,...

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  3. How do i respond to the summons and do i need a lawyer?

    Answered almost 3 years ago.

    1. Melissa Suarez
    2. Benjamin G Kelsen
    3. Joseph M Ghabour
    3 lawyer answers

    When your ex refinanced in 2009 he needed to do so with your consent if you were on the Deed - because you are a co-owner of the home. The Bank's failure to get your signature on the mortgage could result in a waiver of their servicing rights. You should consider hiring an attorney to represent your interests in the foreclosure action. If we can be of any assistance at all, please do not hesitate to contact our office at, (201) 569-1166. Best of luck to you!

    2 lawyers agreed with this answer

  4. When someone purchases a home , is a buyer given a 3 day rescission period to cancel, 3 day right to cancel ?

    Answered 9 months ago.

    1. Robert J Murray
    2. Raymond Andrew Grimes
    3. Martin L Bearg
    4. Melissa Suarez
    5. Stephen Ross Cohen
    5 lawyer answers

    It is not illegal for a lender to assign your loan to another lender, even on the date of the closing. This actually happens, for example when dealing with a mortgage broker. The entire loan process may be done with a mortgage broker, who ultimately assigns the loan to their warehouse lender, or another lender on the date of closing. In such an instance, there is usually a document titled "Notice of Assignment and Transfer of Servicing Rights" included in your loan package. The document...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. I need a Highly Experienced and Motivated NJ Short Sale/Foreclosure Attorney to Negotiate with Competence

    Answered almost 3 years ago.

    1. Joshua Matthew Marks
    2. Melissa Suarez
    3. Darren Anthony Fish
    3 lawyer answers

    As a real estate attorney for almost 13 years, I have been on the negotiating side of various short sales. The process, as I am sure you know by now, can be a very stressful one. We have successully negotiated many short sales and would be happy to lend our expertise to you in order to help you in your current situation. Please feel free to contact our office at any time to discuss your options, (201) 569-1166. Best of luck!

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Sold car, transferred title and not paid, its been 9 months

    Answered over 2 years ago.

    1. Matthew R Schutz
    2. Melissa Suarez
    3. Christopher Barrett Fay
    3 lawyer answers

    I would recommend that you file criminal charges with your local police department against both individuals. With criminal charges pending, the "dealer" and individual may be more likely to compensate you for the loss.

    1 lawyer agreed with this answer

  7. Can I break a lease before i move in, in NJ that was signed 6 days ago, due to roach infestation, that i didn't know existed?

    Answered almost 3 years ago.

    1. Melissa Suarez
    2. Joseph M Ghabour
    3. Brandon D. Walcott
    3 lawyer answers

    Your lease should have language in it that outlines the steps needed to be taken if the owner/landlord is in default of your agreement. It is hard to say without reviewing the actual terms of the lease, but by disclosing to you that there was in fact the issue of the roaches, he may have covered his legal obligations - albeit he verbally guaranteed it was already remedied. Like I said, it really depends on the verbiage of your lease. Luckily, you are in a month to month and if you are not...

    1 lawyer agreed with this answer

  8. Does a owner - rented condo unit in Secaucus NJ require a Certificate of Occupancy?

    Answered almost 3 years ago.

    1. Melissa Suarez
    2. Rodney J Alberto
    2 lawyer answers

    In Secaucus, yes, you would need to obtain a Certificate of Occupancy prior to renting it. The landlord's failure to do so may result in a fine to him in excess of $2,500.00 He may not however need to register the unit as a rental. Hope this helps!

    1 lawyer agreed with this answer

  9. Property owned by JOINT TENANTS?

    Answered over 1 year ago.

    1. Elizabeth Rankin Powell
    2. Scott Kemble Wilson
    3. Melissa Suarez
    4. Vincent J. Gallo
    4 lawyer answers

    Maybe. If your intention is for the surviving partner to keep the entire house, you should file a new deed that states you hold title and "joints tenants with rights of survivorship". That additional language will allow the house to pass to the surviving partner without the need to probate, etc. Filing a new deed is relatively simple, and I would be happy to speak with you more about it. Hope this helps!

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. How do I get electrical service after last tenant left a 5880 bill,now electric co is denying service.

    Answered over 1 year ago.

    1. Melissa Suarez
    1 lawyer answer

    It depends... If the electrical is an actual lien against the property, you may need to satisfy the bill in order to have the utilities turned on. If on the other hand, the electric company is an independent private company and can not put a lien against the property they MUST turn on your utilities. You can threaten to report them to the New Jersey Board of Public Utilities - that may do the trick! The link to the NJ BPU is attached for your convenience. http://www.state.nj.us/bpu/...

    1 person marked this answer as helpful

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