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Brandon D. Walcott

Brandon Walcott’s Answers

229 total


  • A painter did a horrible job. didnt cover anything paint spots on everything, including wood banister, paint on glass, hole

    in screen, paint on glass, poured paint down the bathtub drain, paint dripped down wall and was left this way. What should I do about this?

    Brandon’s Answer

    I agree with both of my colleagues. I would just also add that if this was a paint job done in your home, he should be registered as a Home Improvement Contractor with the State of New Jersey. If not, you may be entitled to additional damages. Speak with an attorney ASAP.

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  • I have a mortgage with Wells Fargo in NJ; I am 63 years old and would like to add my daughter to my deed, can this be done?

    The mortgage is current

    Brandon’s Answer

    I agree with Mr. Mack. Additionally, if you attempt to add someone onto the deed without the lender's approval, this COULD trigger an "acceleration clause" which would require full payment of the remaining mortgage. I emphasize the word "could". As Mr. Mack already outlined, lenders generally require that the person(s) on the deed be on the note.

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  • Closing costs covered by lender. Would the attorney we hire have to do things differently because of this?

    We're planning to buy property in Middlesex county in NJ. Our lender is covering the closing costs as a part of the promotion within which they're giving us the loan (they have their own settlement providers which they will use). I want to underst...

    Brandon’s Answer

    • Selected as best answer

    You're attorney will get in contact with your lender/bank/mortgage company shortly after he has been retained by you. The mortgage company will send you and your attorney paperwork relating to conditions that need to be satisfied prior to closing i.e. proof of home owners insurance, etc. (usually, this type of paperwork is sent on or prior to the mortgage commitment date i.e. the date in the contract that outlines when the mortgage commitment needs to be delivered by).

    Once any paperwork is received by your attorney, he will go over it with you so that you understand any conditions. Call your attorney and field these questions to him, that is what you're paying him for.

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  • NJAR Form 118 - Question about Section 3 C. What if there's problem obtaining the loan in the specified time frame. -real estate

    NJAR form 118 Section 3C mentions that IF THE MORTGAGE LOAN HAS NOT BEEN ARRANGED, OR IF THE BUYER HAS NOT NOTIFIED SELLER OF BUYER’S DECISION TO COMPLETE THE TRANSACTION WITHOUT OBTAINING A MORTGAGE COMMITMENT, ON OR BEFORE __mm/dd/...

    Brandon’s Answer

    Generally,, the Contract will outline an automatic extension of time if the mortgage commitment date can't be provided by the original date given. If the Contract does not have this automatic extension, you can request an extension of time by executing an Agreement/Addendum to the Contract.

    With regards to the appraisal,the Contract you signed outlines the Purchase Price. The Purchase Price usually can only be changed by a signed (both parties) Addendum outlining the price change.

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  • My Husband was charged with Simple Assault against me and has to appear in court What is the possible penalty- 1st Offense

    My husband doesn t have so much as a speeding ticket, Hard Worker but got drunk and got angry and hit me 3 times. What is his possible penalty. Neighbors called police not me.

    Brandon’s Answer

    The penalties associated with this include jail, fines, court costs. Jail is highly unlikely. On trial date, most prosecutors will take into consideration the wishes and wants of the victim in the case I.e. you. You will be able to speak with the Prosecutor and vocalize your concerns. However, Prosecutors do not have to dismiss the case just because the victim (you) wants it dismissed.

    I would suggest having your husband call and attorney for at least a consultation. Almost all the attorneys I know allow free phone consultations. Your husband will 100% need an attorney on his day in court.

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  • I live in New Jersey. Last night I signed a contract with a realtor to sell my home. Do I have 3 days to cancel it?

    Today is 6/28/13

    Brandon’s Answer

    Contracts of Sale have a 3 day attorney review which allows your attorney to review the contract. He/she may cancel the contract during that 3 day period. The cancellation of a Contract during this review period usually results in any deposit money being returned to the buyer.

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  • Re: living with parents and transferring house

    we live with my parents. We would like to possibly purchase the house from them in a year or 2. However, my sister has made comments that if something happens to them she wants to house sold and wants her share. We have been paying the mortgage th...

    Brandon’s Answer

    It sounds like you can go about this one of two ways

    1. If your folks have do not have a Last Will & Testament, they can hire an attorney to draft both of their wills so that they leave their residence to a child/children (If your parents want to leave it to you and your significant other, then that can be outlined in the Will).

    2. If you've been paying their mortgage then i suggest offering to purchase the house from them. If you purchase the house and execute a Deed, the house will be in your name and your sister will not have any right to the home.

    Many attorneys offer free consultations and it sounds like you will definitely need an attorney in this endeavor. Call one up.

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  • Can I extend my fence onto a paper street?

    I live in Galloway, NJ. My property line is shared with a paper street. I have a fence along that property line. The paper street is about 30 feet wide, there is a trail that people do walk on, but where im planning on extending the fence it will...

    Brandon’s Answer

    Doesn't sound like the greatest idea. If it is in fact township/municipal property, you could be requested by the township/municipality to remove the newly erected fence at your own cost. Additionally, if you refuse, you could be charged with trespassing in Municipal Court.

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  • Is one still considered on a lease if signature is on copies of other roommates but have not submitted my individual lease?

    About to rent a house with 4 other tenants. Each received an individual lease for same property and verbiage. Each required tenant's name and signature. I have not signed my copy and leasing office states I technically signed the lease since my na...

    Brandon’s Answer

    If i understand you correctly, it sounds like you never signed any copy of any of the 5 leases the leasing office handed out. If this is the case, you should not be held to the lease/ contract as you did not sign. Again, if i understand correctly, the leasing office is attempting to hold you to the contract merely because your name is typed on the 4 leases which were signed be the 4 other tenants.

    You should also check the Contract and see if there is a "counterparts" paragraph. This would allow the leasing office to make the contract binding once he gets all 5 signed leases. If there isn't a "counterparts" paragraph, he would have to get all 5 tenants to sign 1 copy of the lease.

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  • We have a neighbor who has a very loud vehicle that wakes us up every morning. Can we file harassment charges?

    He has been told by my boyfriend and myself that he was waking us up. He has been issued a summons by the township and a Notice to Cease by the apartment complex. He has been told by everyone involved to park away from the building, but he continu...

    Brandon’s Answer

    Doubtful, but not impossible. Under the harassment statute, your neighbor's purpose must be to harass someone I.e. he must be operating his vehicle loudly for the purpose to harass. If its early in the morning, he/she is likely breaking your towns noise ordinance. Keep contacting your township about the problem. They will continue to fine him/her if he is truly breaking the noise ordinance.

    If its affecting your living situation that much it may be cause for you to break your lease.

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