Christopher Scott Tretola's Answers

I have a one year lease and the house I live in is going into foreclosure . What are my rights?

A residential tenant is protected under the Anti-Eviction Act even when the property that they live in is in foreclosure or has been foreclosed. A bank that forecloses upon residential property covered by the Anti-Eviction Act takes the property with the tenants and after the bank resells the property, the new owner becomes the landlord to those tenants. In general a residential tenant cannot be evicted from their home so long as they: 1) pay the rent; 2) respect the peace and quiet of their...

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Mortage got transferred to new company-Bank of America .transferred to new company . The new company is saying they dont have it

I agree with both of my colleagues Ms. Tom and Mr. Fink. I would also add that you should send correspondence to both mortgage companies and that you reference the letter sent to you which advised you of the assignment. I would also suggest that your correspondence include a copy of that letter. Lastly, send your correspondence via certified mail, return receipt requested so that you have proof of mailing and delivery. Keep copies of your correspondence and keep the green return receipt...

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DUI in PA - can the record be sealed if it cannot be expunged.

Please note that I am only licensed to practice in New Jersey and not Pennsylvania. In New Jersey, your DWI conviction is not a criminal offense, but rather a motor vehicle offense. That offense will permanently remain on your New Jersey driving record and it can not be expunged or otherwise removed from your New Jersey driving record. It is my understanding that in Pennsylvania, DWI is a criminal offense. I have never heard of a case being automatically sealed. I would suggest...

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I own a rental home&want to sell it.What do I tell tenants?

I disagree with my colleague Mr. Tan. You cannot end the tenancy by simply sending your tenants a thirty day notice. In New Jersey pursuant to the Anti-Eviction Act residential tenants cannot be evicted upon the mere expiration of a lease. In order to evict a tenant, the Landlord must have cause, as defined by the Anti-Eviction Act, to terminate the lease. I would suggest that you consult with an experienced real estate attorney before you take any action with respect to your tenants....

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Who do I contact if a letter was sent to the wrong address but was opened?

You shoud probably start with the Postmaster for the post office where the letter was sent. This answer is being provided for general educational purposes only and does not constitute legal advice. No attorney-client relationship has been established. This answer should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Christopher S. Tretola, Esq. The Spadaccini Law Firm, LLC 98 Franklin Corner Road Lawrenceville, New Jersey...

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I won a small claims case and haveing problems collecting

Often times it is easier to win your case than it is to collect. There are several diferent ways to attempt to collect, but you will have to be patient becuase it can take time. I would first suggest that you make an inquiry at your bank to see if they can advise you as to what bank your check was paid. You can also send an information subpoena to the defendant. If the defendant answers the information subpoena, you will be provided with a listing of his assets. There are resources on...

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Can I turn off electricity and gas - lease expired

In New Jersey a residential lease does not automatically terminate when the lease expires. Upon expiration of the lease, the tenancy converts to a month to month tenancy. You can, however, send the tenant a notice to quit and offer the tenant a new lease (with an appropriate rental increase) and a modification of the terms of the lease (i.e that tenant places the utility bills in their name). If the tenant refuses to sign the new lease you may then consider them a holdover tenant and...

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Suspemded lisence(dwi) NJ second offense!would i go to jail?is there a way out?

Unfortunately your question does not clearly set forth the exact charges pending agaisnt you. I am unsure of whether the second offense you refer to is a second DWI or a second driving while suspended. I will however provide you with the mandatory penalties for a second offense driving while suspended. The general provisions (no enhancements due to being suspended for DWI, etc) for driving while suspended - 2nd Offense are: $750 fine; and Drivers license suspension not to exceed 6...

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My son is a resident of NJ but works at his NY college--does he need to complete NY tax return? Which form? Thanks!

Yes, he has to file a NY non-resident return. This answer is being provided for general educational purposes only and does not constitute legal advice. No attorney-client relationship has been established. This answer should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. Christopher S. Tretola, Esq. Spadaccini Main, LLC 98 Franklin Corner Road Lawrenceville, New Jersey 08648 ctretola@smlawllc.com tel: (609) 912-...

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About bank account with two people as equal owners,and one of them dies.

It depends upon how the bank account was held. NJSA 17:16I-5. Right of survivorship a. Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intention at the time the account is created. If there are two or more surviving parties, their respective ownerships during lifetime shall be in proportion to their previous ownership interests...

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