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Melissa Suarez
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Melissa Suarez’s Answers

30 total

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

    When someone purchases a home , is a buyer given a 3 day rescission period to cancel, 3 day right to cancel ? Is it illegal for a lender to assign a mortgage to another lender on the same day the mortgage is signed by a borrower , for a home ...

    Melissa’s Answer

    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 identifies the new lender and provides their contact information, hours of operation, etc.

    When you purchase a home, you do not have a three (3) day right of rescission. Generally a three (3) day right of rescission exists when you are refinancing your current home. Under those circumstances, the loan will fund and disburse three (3) business days after closing, which affords the homeowner the opportunity to cancel the refinance during that time if they change their mind. This right does not exist with a home purchase because the funds are disbursed to the seller and others on the date of closing. Once any loan funds and disburses, the buyer or property owner engaging in the refinance can not cancel the loan.

    Certainly if you have any other questions, feel free to let us know.

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  • Tenant said they will move out and not give me a date. They didn't pay this month rent. What can I do to limit loss?

    A 60 day notice has been given to tenant and they told me they will be out but don't know when. Their damage is far beyond the deposit and stop paying this month rent. My feeling told me that they will move out when they found a place and 3 day no...

    Melissa’s Answer

    If they have not paid you the rent, you can also file a complaint for eviction in Landlord Tenancy Court. You will not obtain a money judgement in this part of the Court, just the eviction. But this will at least maintain the pressure on the tenant to vacate at the end of the 60 days. You may also be able to collect the unpaid rent against the security deposit you are holding, but you will need to send the tenant a certified statement within 30 days of them vacating the premises, refunding the balance of eh security deposit, if any, and itemizing any charges collected against the security. Hope this helps!

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

    I leased a diner the last tenant is the owners wife. The building is owned her husband and his brothers LLC. Gave security deposit took possession now their giving me the run around.The electric co says were circumventing the system

    Melissa’s 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/assistance/complaints/

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  • Property owned by JOINT TENANTS?

    My partner and i are registered partners for 4 years now. We bought a house together as JOINT TENANTS. The Statutory Warranty Deed show our names as JOINT TENANTS. If one of us dies, would our property need to go to PROBATE?

    Melissa’s Answer

    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!

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

    met a guy who gave me a business card saying he is a private dealer, he introduced me to a buyer who wrote a check for 15000 under the dealers name and i transferred the title over, dealer told me he will cash the check and give me the money after...

    Melissa’s Answer

    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.

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  • Do I need a real estate lawyer?

    I moved into my rental in Nov 2010. My landlords never provided me with any proof of deposit for my sec. deposit. After 1 year, they never notified me of my interest. After the 30 day mark, I requested the return of my deposit. They ingored my req...

    Melissa’s Answer

    I am sorry to hear about your situation. How do you know that the paperwork has been falsified? Either way, you should definitely contact an attorney. As my colleague advised, an attorney may be able to help you in this situation and have the problemn resolved in a relatively short time frame.

    Best of luck to you!

    If I can be of any assistance, please feel free to contact me at (201) 569-1166.

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  • I have been a renter for nine years. I recently noticed bedbugs. Who is responsible for engaging a pest control agent?

    I have rented my apt. for the past nine years. Who is responsible for hiring and paying a pest control agent ? I recently noticed bed bugs.

    Melissa’s Answer

    I agree with both of my colleagues on this one and strongly advise that you take their advise and send all corresponence certified mail (with a return receipt). You will then have proof of your landlord's reciept of your notice. And of course, keep a copy for yourself!

    If I can be of any assitance, please feel free to contact me at (201) 569-1166.

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  • I am a renter, and I am covered by a renter's policy; policy is silent regarding insect infestation; may landlord be responsible

    I am a renter covered by a renter's policy; the policy is silent regarding insect infestation; can the landlord be compelled to remediate the problem; alternatively, should I report it to my carrier, who may subrogate any claims against the landlo...

    Melissa’s Answer

    I am sorry to here about such an unfortunate situation.

    I agree with my colleagues on this one. You most definitely should notify your landlord immediately. Have you attempted to have him remedy the situation? If not, you certainly should. Your landlord should want to rid his property of the infestation and most likely would be compelled to do so. If for some reason your landlord refuses, then you can explore reaching out to other outlets to help you fix this situation.

    If I can be of any assitance, please feel free to contact me at (201) 569-1166.

    Best of luck!

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

    My ex-husband's home is apparantly about to go into forclosure. My name is on the DEED but NOT on the note. Our divorce settlement states he owes me buy out monies on or about 2016. We have joint custody of our 3 children and he is soley responsi...

    Melissa’s Answer

    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!

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  • My daughter student at age 19. She has been living with my mother and changed her address to her fathers. Do i pay him support

    She moved out about 3 weeks ago and has been staying at my moms house. Her father has been trying to get the kids to come live with them. He offered my son a new dog if he moved in and now told me daughter he would get her new phone and pay her ...

    Melissa’s Answer

    In order for your children's father to change the current child support situation, he would have to file a motion to modify the child support with the Court. He would need to produce proof that your children are living with him and that the support he is giving your son and daughter has changed since the original child support order was issued. Right now, since no change in child support has been filed with the Court, you will not need to pay him any support whatsoever. However, whether or not he will attempt to modify the support I cannot say. Is your daughter still currently living with your mother when she is not staying at her father's home?

    I'm so sorry to hear of your struggles and if I could be of any assistance, please feel free to contact me at any time at (201) 569-1166.

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