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Michael T Millar
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Michael Millar’s Answers

3,537 total


  • Why is my spouse required to sign HELOC loan doc & be listed as "borrower" when I'm the only "borrower" / name on deed?

    Approved for BofA HELOC to pay my first mortgage with WF in full. I am the only homeowner and only person on deed. Owned home prior to getting married. I made this perfectly clear to BofA when they told me my spouse had to sign documents at closin...

    Michael’s Answer

    Under NJ law, your spouse has a legal interest in the property even if he/she is not named on the deed. Thus, a mortgage lender will always require the spouse to sign the mortgage.
    What we commonly call a "mortgage" is actually two separate transactions - the first is the loan which is evidenced by the "note" and the second is the lien on your property which is evidenced by the "mortgage". If your spouse's credit was not used to qualify fo the loan, then the spouse will not sign the note but will nevertheless sign the mortgage. The is because if your spouse does not sign, then the bank cannot foreclose on your spouse's interest in the property of you default on making payments under the note.

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  • How do I file a quiet title action?

    My two services have no owners in whose behalf they have collected mortgage payments from me. And now both are trying to foreclose using a no standing plaintiff. What are my options?

    Michael’s Answer

    As the others have noted, your post lacks sufficient facts to understand the situation.
    It appears that you are saying that you have two properties on which you granted mortgages and that someone is now trying to foreclose on the mortgages. If that is the case, then you need to consult with a foreclosure defense attorney.

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  • If my corporation uses a DBA am I required to disclose the original corporation name to a vendor?

    I run a 1-man business which is a corporation. It also has a DBA name. I am about to sign an agreement between my corporation and another company in the recruiting business. The agreement will entitle my corporation to a referral fee for a candida...

    Michael’s Answer

    in NJ, technically, only a foreign corporation (for example a Delaware corporation) may obtain a D/B/A name. A NJ corporation files for an "alternate name". The cost is $50 and it must be renewed every 5 years. See http://www.nj.gov/treasury/revenue/altname.shtml
    If you have a properly registered alternate name, you do not need to disclose the full name of the company because a corporate search of the State's records will reveal the actual name attached to the alternate name. Best practices, however, would be to have "ABC Inc d/b/a XYZ" somewhere on your documents, advertisements, email signature, web page, etc.

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  • What can i do for a fake company?

    We hired a contractor for re-model kitchen. He worked until last payment and finish the kitchen %90. He refused to work till he get last payment. We kindly told him that look at your contract! Contract says " when everything is done we will pay ...

    Michael’s Answer

    Demanding final payment prior to job completion is prohibited by the Consumer Fraud Act (specifically by the Contractor's Registration Act). You can contact the NJ Division of Consumer Affairs at 1-800-242-5846.

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  • Does terminating contract for cause require proof?

    A contractor terminated sub-contractor because the client terminated the contract for cause in order to avoid paying the sub-contractor an early termination penalty.

    Michael’s Answer

    Terminating a contract for cause requires proof that 'cause' existed.

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  • Need to back out from home offer

    I made an offer for a house and the seller accepted. I was working with my attorney and agent in closing the house. I even signed the contract to close the house by mid July .. . I have already completed inspection and appraisal..my wife has a med...

    Michael’s Answer

    Let me start by saying that I hope that your wife finds a suitable donor soon.
    You should sit down with your attorney ASAP and discuss your options. The terms of the contract will govern your ability to cancel. Absent a contractual right to cancel or the consent of the seller, your exposure to damages could be much greater than the $1,000 deposit.

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  • Can I remove my car from a man who is holding it because he wants money I never agreed to paying? I hold the title.

    The man's son was fixing my for a set price of 2100 parts and labor included. I already paid 1600 and owed the remaining amount when the car was finished to include new tires and the check engine light off. This "mechanic" I put quotes because h...

    Michael’s Answer

    The "mechanic" may have violated the Consumer Fraud Act and its implementing regulations that pertain to car repairs. You should consult with a consumer protection attorney in your area.

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  • Easement rights

    Here's the situation. There used to be 4 lots on our oceanfront block, let's name them A, B, C and D, lot A being mine. I access my house directly from the street, let's call it street X. The owner of lot B (directly behind my house) has an easeme...

    Michael’s Answer

    The size of the new lot likely does not matter. The issue is whether the larger lot increases the use of the easement on your property, if it does not - then no harm no foul. However, if the use of the easement has increased beyond what was originally intended or beyond what historically has been the use, then you may have a claim.

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  • Does the defendant have a right to demand a jury trial for consumer fraud case?

    I am the plaintiff. Iam suing an auto body under consumer fraud act. Auto body's attorney demanded a trial by jury. I read online that there is no right for trial by jury for consumer act. Is my understanding right. Could you please refer to an...

    Michael’s Answer

    The defendant (as does the plaintiff) has a right to demand a trial by jury in a CFA case. In fact, there are uniform jury instructions for CFA claims.

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  • Want to know how to go about filing as commercial lien on a company for breach of contract

    We are a construction company doing masonry work for a commercial entity. Upon finalizing the work and going on to the next phase, this company has terminated us unjustly and is withholding the payment that is on the payment schedule to be paid. ...

    Michael’s Answer

    The New Jersey Construction Lien Law covers both commercial and residential projects. The deadlines, and the filing requirements, are different depending on whether the project is commercial or residential.
    For a residential project, you have to file the NUB (Notice of Unpaid Balance) within 60 days of when you last performed services or delivered goods to the property. Once that is filed, you must then apply for AAA arbitration. If the arbitrator gives the green light to file a lien, the construction lien must be filed within 120 days of when you were last there. Note that if you do not follow the required procedures, the law provides that you are responsible for the homeowners costs and legal fees to have the lien removed. A lien is only good for one year and cannot be renewed or extended. During that year, you must sue the homeowner on the lien. Such a suit will typically invite a counterclaim asserting violations of the Consumer Fraud Act (CFA) and the Contractor's Registration Act (CRA). If your contract violates the CFA / CRA then it is illegal and unenforceable - and opens you up to possible treble damages and attorney fees. Thus, prior to filing a NUB and Construction Lien, you should consult with an attorney familiar with construction law and consumer protection law.

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