Posts By: Andrew Roth

One of the most important as well as cumbersome factors in any short-sale is document gathering. While it is true that a few institutional lienholders have created no document short-sale programs (e.g., consensual short sale), the majority of institutional lienholders require a significant amount of documentation from the borrower (aka seller). This is due in… Read more »

As a New Jersey real estate lawyer, I do lots of closings. It’s a big part of our business. Often times when we represent sellers and ask them for the documents from when they purchased the property we hear, “I have no idea where they are” or “I threw them out”. Not only is this… Read more »

Many times we will receive calls from people who found our name on either the internet or through a referral and the first thing they ask is, “What do you charge for a closing?” As a consumer I can somewhat sympathize that buying a home is an expensive proposition, where money can be somewhat tight… Read more »

Too often when people look to purchase a property they focus on the purchase price, and (if it is not an all cash deal) on the interest rate of their loan. However, often times a prospective purchaser will overlook the property’s real estate taxes. This is a mistake especially in New Jersey, where the real… Read more »

As a New Jersey real estate attorney, I talk to many realtors as well as some fellow real estate attorneys about the market. There has been a lot of discussion on how the market has changed significantly in the past five (5) years. Our discussion was not focused on the reduction in property values or… Read more »

One of the goals of a seller in a short-sale, as well as the seller’s attorney, is to have any outstanding debt forgiven as part of the transaction. The rational is that the seller is already losing any money it had in the property as a result of the short-sale, that last thing it wants… Read more »

As you may recall from our previous post regarding the effects of liens against the property in a short-sale transaction, this article will focus on the buyer’s perspective regarding the same. Buyers engaged in a short-sale transaction need to be aware – if they are not already – that their transaction is contingent on a… Read more »

After discussing how liens can affect the short-sale of a property in our last post, we now want to focus our attention on how each side deals with the potential discovery of the liens encumbering the property as well as well as their discharge. For consistency purposes we will focus on the seller’s perspective in… Read more »

In furtherance of our discussions of short-sales on this blog, one of the key elements both sides need to seriously investigate is the liens against the property (e.g., how many there are, the value of each of them, who is the lien-holder, etc). The reason being is if a lien-holder refuses to consent to the… Read more »