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A small house is sitting next to a judge 's gavel on a wooden table.
February 7, 2025
You've decided to file for bankruptcy. Sometimes, making this huge decision feels like a weight has been lifted, especially if you have been struggling with unmanageable debt for quite some time. However, for some, it brings on a whole new set of worries and questions: How will bankruptcy affect my credit? Will I be able to keep my home? Can I afford a repayment plan? Should I work with a lawyer? Bankruptcy attorneys are there to answer all of these questions and more. Enlisting the help of a skilled attorney can ease the stress of filing for bankruptcy and result in a more favorable outcome. If you are looking for a bankruptcy attorney - Monmouth County attorney Veitengruber Law can help. Here, we will explore all the ways an attorney can help your bankruptcy. Can I file for bankruptcy without an attorney? Yes, it is perfectly legal for individuals to file for Chapter 7 or Chapter 13 bankruptcy without the representation of a bankruptcy attorney. However, there are some major drawbacks to filing for bankruptcy alone, or pro se. Bankruptcy comes with long-term financial and legal repercussions. The process can be complicated, and the laws may be confusing to navigate by someone who is not familiar with New Jersey bankruptcy law. You must complete extensive paperwork on time and in compliance with state and federal laws. Even tiny mistakes can impact the effectiveness of your bankruptcy petition, leading to your case being thrown out. So, while you certainly can file for bankruptcy without the assistance of an attorney, it is not advisable to do so. An attorney can help you avoid hold-ups and penalties, protect your assets, and even rebuild your credit once your bankruptcy is resolved. When your entire financial future is on the line, it is best to work with an expert to save yourself from wasting time and money and causing yourself stress. How do I know it is time to reach out to a bankruptcy attorney? If you are considering filing for bankruptcy, it is likely time to call a bankruptcy attorney. Most people do not think of bankruptcy the first time they hit a financial speed bump. So, if you are looking into your options to tackle debt, reaching out to a bankruptcy attorney is a great first step. At Veitengruber Law, we understand that unmanageable debt does not come with a one-size-fits-all solution. We will never advise our clients to file for bankruptcy if another solution—like loan modification or debt negotiation—would be more beneficial. But if bankruptcy IS the right solution for you, we are here to demystify the process and offer knowledgeable legal advice. It is time to contact a bankruptcy attorney if: 1. You can no longer pay your monthly expenses. You do not need to be in a dire financial emergency to consider bankruptcy. In fact, the earlier you reach out for help from a bankruptcy attorney, the better. If you notice yourself continually putting off some bills to pay others, racking up late fees, or spending more and more of your budget towards debt—it is likely time for a financial change. Again, this doesn't mean that bankruptcy is necessarily a definite. There are many solutions experienced debt management attorneys can offer outside of bankruptcy. But if bankruptcy is the right option for you, the earlier in your financial troubles that you file, the better. 2. Creditors and collectors are calling you. If your creditors or lenders are calling you non-stop or your debts have been sent to collections, it is time to contact a bankruptcy attorney. Your creditors and lenders will expect payment on the debts you owe, and they will make attempts to collect on this debt, especially if you are habitually past due. If this goes on long enough, creditors can threaten a lawsuit against you and take you to court to force you to pay back your debt. The court can place a lien on personal or business property or approve wage garnishment. Avoiding these legal consequences is in your best interest. A bankruptcy attorney can help you avoid lawsuits, stop a lawsuit in progress, and hopefully settle some of your debts. 3. You're facing foreclosure. The possibility of losing your home is scary. If you are behind on your mortgage or creditors are trying to seize your property, bankruptcy can be a great foreclosure defense strategy. When you file for bankruptcy, you enter into the automatic stay period. The automatic stay will stop all creditors' attempts to collect on debts. This includes any attempts to foreclose your property. An attorney can also guide you through how different bankruptcy exemptions can help you save your home while you go through the bankruptcy process. 4. You have filed for bankruptcy before. If you have filed for bankruptcy before, you may think you understand the process and, therefore, do not need the help of an attorney. However, there are different rules for filing for bankruptcy again after already filing previously. If you previously filed for Chapter 7 bankruptcy, you have to wait eight years before filing for Chapter 7 again and four years before filing for Chapter 13. If you previously filed for Chapter 13 bankruptcy, you must wait two years after your discharge to file for Chapter 13 again and four years after your discharge to file for Chapter 7. An attorney will be able to guide you through this process and help you understand the timelines as they apply to your specific case. 5. You're confused about which type of bankruptcy to file. Most individuals and couples file either Chapter 7 or Chapter 13 bankruptcy. Each type of bankruptcy comes with its own set of benefits and drawbacks. Which one is right for you will depend on your specific circumstances. Each type of bankruptcy comes with its own laws and rules, requirements, filing deadlines, and procedures. Reading through bankruptcy codes can be confusing, and with so much conflicting information online, it is wise to enlist the help of an expert to guide you through the process of deciding which type to file. An experienced bankruptcy attorney will be able to listen to the specifics of your case and help you determine the best path forward. They will likely help you do the means test to decide if you qualify for Chapter 7 bankruptcy. They may also do a deep dive into your finances to see if you can afford a repayment plan under Chapter 13 bankruptcy. The benefits of each type will weigh differently to different people. A good attorney's job is to help you weigh these benefits and drawbacks to come up with the best solution for you. Bankruptcy is a highly powerful legal and financial tool. It can provide a clean slate if your financial troubles have become too much to handle. If you are in need of a bankruptcy attorney – Monmouth County attorney George Veitengruber and our team can help. We have been helping clients through the bankruptcy process in NJ for over a decade. Do not wait for your financial situation to get worse. Call us today for a free consultation.
A person is holding a wooden block with a house on it.
February 7, 2025
When creating an estate plan, you are thinking through some of the most important decisions of your life. What happens to your money and assets? Who will care for minor children after you are gone? How will you protect and provide for loved ones? What kind of legacy will you leave behind? It can be stressful to try to organize your thoughts on all these decisions alone. Working with an attorney highly recommended when tackling estate planning. But making the decision about what lawyer to work with when you are beginning your estate planning journey can be similarly overwhelming. A Google search of your area's estate planning attorneys can yield a deluge of results. But how do you decide which attorney is the right one for you? Veitengruber Law is an experienced estate planning lawyer in Monmouth County. We understand the complexities of the laws that guide estate planning and how important it is to work with an attorney that cares about your future. Here are some of the things you should consider in your search for an estate planning attorney: 1. They Specialize in Estate Planning If you find an attorney advertising as a jack of all trades, they may not be the best fit for your estate planning needs. When it comes to planning for your future, it is best to work with an experienced specialist who understands the intricate details of estate law. These experts are more likely to correctly identify potential problems with your estate planning and offer solutions that will work. There are so many variables to consider when strategizing your estate plan. Not every estate plan strategy will lend itself well to every situation. For the best results, it is essential that you work with an attorney who is a proven estate planning specialist. 2. They Are Familiar With Local Laws While it's advisable not to restrict your search to a very small geographic area, your estate attorney should at least be based in your state. It's crucial for your attorney to have a deep understanding of state-specific estate laws. New Jersey, for instance, has very specific inheritance laws with tax implications. Working with a knowledgeable NJ estate planning attorney can help you avoid placing a tax burden on your heirs and loved ones. A local attorney will also be more likely to stay abreast of any changes to the law in your state, ensuring you are updating your plan when necessary. 3. They Were Referred by Another Professional If you already work with a trusted professional who does not specialize in estate planning, ask them for a referral. Other attorneys, financial advisors, or CPAs often have connections with other professionals in parallel fields—like estate planning. These personal recommendations will help you narrow down your search to a few trusted professionals. You can also ask for recommendations from your close friends and family who have already gone through the estate planning process. Internet searches, specialist directories, and newspaper advertisements can be misleading. Talk to the people you trust to find out who they would trust with their future. 4. They Offer Clear Communication Working with someone that you have good communication with is essential when it comes to estate planning. Clear and consistent communication from an attorney is critical to a smooth, organized estate planning process. Estate planning is complex and involves a lot of moving parts and sensitive decisions. Working with someone who really listens to your needs before offering solutions and considers estate planning a conversation will likely result in a highly effective and customized estate plan. You should also ask a potential attorney how often they review and revise your estate plan and how best to communicate any needed changed from your side. 5. They Offer Comprehensive Options The best estate plan will be completely tailored to your specific circumstances and needs. If an attorney only offers cookie-cutter solutions and one-size-fits-all wills, they likely will not provide the same protections as a more experienced attorney. A good estate planning attorney will be prepared to help with advanced healthcare directives, establish trusts, set up a power of attorney, offer tax strategies, and more. Estate planning is so much more than a will. A good estate planning lawyer understands this and will help you come up with a comprehensive plan that protects your assets, your loved ones, and your legacy. 6. They Belong to Professional Organizations Membership in professional organizations in your area or in general can also indicate you are working with a committed professional. Attorneys who maintain active involvement in these organizations are more likely to be up-to-date on estate planning law. They are also more likely to have access to continued education and increased networking with other estate planning professionals. When you work with an attorney affiliated with a professional organization, you and your family get to benefit from all of these connections. 7. They Are Willing to Meet for an Interview If an attorney is unwilling to meet you before getting down to business, that should be a big red flag. Not every client will click with every attorney. Come to the interview or consultation prepared with a list of questions about the attorney, their practice, and how they handle estate planning. Ask about their team, their experience, and how payment works. Be honest about your expectations of an attorney, and don't be intimidated by the process of "shopping around." You are trying to find the best attorney to develop an open and honest relationship with as you work on your estate plan. 8. They Connect With You A good estate attorney will care about developing a rapport with you based on mutual trust and respect. The sometimes sensitive nature of estate planning means you need to be able to really trust the person you are working with. The decisions you have to make can be difficult and overwhelming. Find an attorney that seeks to understand your concerns and goals before the planning process begins. A great attorney will check in periodically to make sure you are fully confident in the estate plan you are creating together. You should feel comfortable asking questions, knowing you will receive an unbiased explanation of your options. If you are looking for an estate planning lawyer in Monmouth County, Veitengruber Law is the professional legal team you need. We have been doing wills, trusts, and estate planning in the area since 2010. We understand how overwhelming it can be to plan for the future, and our goal is to simplify the process. Our personalized legal solutions can help you protect your assets and safeguard the well-being of your loved ones after you are gone. We pride ourselves on having a sterling reputation in our community and being a law firm that genuinely cares about finding the best outcomes for our clients. It is never too early or too late to start estate planning. Reach out to us today for a free consultation.
A man is sitting at a table with a laptop and holding money.
February 7, 2025
When you are dealing with unmanageable debt and considering bankruptcy, it can be challenging to determine which kind of bankruptcy is right for you. Chapter 7 and Chapter 13 bankruptcy offer different solutions for eliminating debt. Each type of bankruptcy has a different method of paying back your creditors, and each provides specific protections and benefits for the debtor filing. Veitengruber Law has extensive experience working with clients to file Chapter 7 and Chapter 13 in Monmouth County. Here are a few of the main differences between Chapter 7 and Chapter 13. Understanding these differences can help you make an informed decision about your financial future. 1. Liquidation v. Reorganization Chapter 7 bankruptcy is referred to as liquidation bankruptcy, while Chapter 13 bankruptcy is frequently called reorganization bankruptcy. The mechanism for dealing with debt under Chapter 7 includes liquidating assets to pay back creditors. While you can protect specific assets under Chapter 7 based on federal or state exemptions, unexempt property can be sold to raise the funds needed to pay some of the debt owed to creditors. On the other hand, Chapter 13 is a reorganization of debts that allows you to pay back creditors over three or five years with agreed-upon monthly payments. Unlike Chapter 7, which allows a discharge after a few months, Chapter 13 debts are discharged only at the end of a successful repayment plan. 2. Eligibility Requirements Chapter 13 and Chapter 7 have different eligibility requirements. For Chapter 7, you are required to pass the Means Test. This financial test determines if your income is low enough to be eligible for Chapter 7 bankruptcy. This can either be because your take-home income is below the median income for your state OR your expenses exceed your income, making it impossible for you to complete a Chapter 13 repayment plan successfully. Similarly, you must prove that you have the income to realistically make payments under a court-approved repayment plan. 3. Benefits and Drawbacks There are general benefits and drawbacks to both kinds of bankruptcy. Under Chapter 7, debtors get a quick discharge and a fresh start but may lose valuable or beloved property in the process. Under Chapter 13, debtors can keep their property and catch up on missed or late payments on non-dischargeable debt, but they must make all monthly payments in full and on time for the entire repayment period. These general benefits and drawbacks will impact individual filers in different ways. There will also be some aspects of each type of bankruptcy that benefit some while hurting others. The individualistic nature of how bankruptcy impacts each person is why it is crucial for those seeking bankruptcy to discuss their options with an experienced attorney first. Veitengruber Law offers a personalized approach to debt solutions in New Jersey. We understand that the circumstances surrounding your debt troubles are as unique as you. Getting out of unmanageable debt is not a one-size-fits-all solution. Whether you are considering debt negotiation, load modification, Chapter 7 bankruptcy, or Chapter 13 Bankruptcy in Monmouth County, we can help. Reach out to us for a free consultation on your options today. We are here to listen, understand, and provide you with the best possible solution for your financial situation.
A foreclosure form with keys on top of it
February 7, 2025
Foreclosure rates increased at the end of 2024 across the country. Economic turmoil is beginning to affect the bottom line for many US homeowners, including NJ residents. In the last quarter of 2024, one in every 2,638 housing units experienced foreclosure in NJ. As the cost of living increases, more and more NJ homeowners are struggling to cover their housing costs. But if you are worried about the possibility of foreclosure, you do have options. Veitengruber Law is an experienced Monmouth County foreclosure defense attorney. We have a proven history of successfully helping NJ homeowners find foreclosure alternatives. Here are some of our foreclosure defense solutions: 1. Bankruptcy While bankruptcy isn't the right solution for everyone, it is a formidable financial tool that can provide much-needed relief. It can be used to stall foreclosure or eliminate the need for foreclosure. When you file for bankruptcy in NJ, you enter an automatic stay. This court order bars creditors from attempting to collect on debts, including your mortgage lender. The automatic stay will stop legal proceedings--including foreclosure--until your bankruptcy case is settled. During this automatic stay, you and an experienced bankruptcy attorney can devise the best plan for your circumstances. If you have the financial ability to pay back the arrears owed to your mortgage company, Chapter 13 bankruptcy can help you do just that. Through a court-approved repayment plan, you can pay back mortgage arrears and other debts over a three- or five-year period. This will allow you to get back in good standing on your mortgage without losing your home. If you are unable to pay back the arrears on your mortgage and need to get out of the financial obligations surrounding homeownership, Chapter 7 bankruptcy may be the better option. While it is unlikely that a bankruptcy trustee would sell your home unless it has substantial equity, Chapter 7 can help you get your finances in order and eliminate debt while awaiting the ultimate foreclosure of your home. 2. Mortgage Loan Modification Most mortgage lenders have programs available to help homeowners modify their mortgages in the face of financial challenges. However, getting approved for a loan modification can be extremely difficult. One mistake in paperwork can end in denial of the modification. When you work with an experienced foreclosure defense attorney, the chances of your loan modification getting approved increase. We can help you modify your mortgage to lower your monthly payments or help you eliminate past-due debt. Frequent loan modifications include reducing the interest rate, adding past-due payments to the end of the loan, eliminating arrears, or even extending the life of the loan. Foreclosure attorneys understand what mortgage companies are looking for and what they need to hear to be willing to negotiate a modification that works for everyone. 3. Short Sale If you are unable to or uninterested in saving your home, a short sale is an option that can put you back in control. It is typically more beneficial to the homeowner than foreclosure. With a short sale, a homeowner can walk away from the property without mortgage obligations and without the black mark of a foreclosure showing up on a credit report. In a short sale, you sell your home for less than what you owe on the house. Your lender must agree to the short sale and decide if they will consider the funds from the sale sufficient to "pay off" what you owe. Many mortgage lenders will consider a short sale preferable to time-consuming and expensive foreclosure proceedings. However, working with an attorney to help you negotiate a short sale can improve your chances of success. 4. Fraud and Legal Violations There are many complex laws surrounding homeownership, foreclosure, and mortgage loans. These laws are often put in place to protect homeowners' rights from the unfair practices of lenders. For example, lenders are required to follow specific rules for servicing your loan, including offering options to modify your loan. If your loan servicer is not allowing you to modify your loan, this can be considered a violation of your rights as a homeowner. Fraud or other violations of these laws can invalidate the foreclosure case. An experienced attorney can review your loan terms and ensure your rights are not violated. At Veitengruber Law, we understand how devastating it can be to lose your home. As a Monmouth County foreclosure defense attorney, we offer customized solutions to your foreclosure problems. You do not have to face this fight alone; we are here to help. Call our offices today for a free consultation.
By Veitengruber Law January 10, 2025
The holidays are a time of giving but can also be a time of escalating financial stress. Gifts, food for gatherings, travel expenses, decorations—it all adds up. Most consumers will use credit cards to cover at least some of these extraordinary costs. For many, creating the magic of the season can result in unmanageable debt. In a year of increased inflation and financial strife, this reality is bound to impact more folks than normal. If you are already regretting your financial decisions around the holidays, you have options. It's important to act quickly as ignoring this debt can cause further financial strain and potential long-term consequences. Veitengruber Law is a bankruptcy and debt negotiation law firm in Monmouth County. We help individuals and families struggling with holiday debt every year. The solutions we offer are always tailored to the specific needs of our clients. We know there are many solutions to dealing with overwhelming debt, and each debt management plan will look different. Here are some options to explore if your December spending has overwhelmed your budget: 1. Debt Negotiation If you find yourself juggling payments the entire month of December and beyond to afford holiday spending, it may be time to consider debt relief. Veitengruber Law offers a comprehensive approach to debt relief that considers the entire financial picture in order to provide the most effective debt relief strategy. We can help you determine which debts are causing the most financial stress and offer solutions for tackling those issues. Here are a few of those solutions: Negotiating with lenders: At Veitengruber Law, we understand how creditors and lenders operate. Through this insight, we can better negotiate with your lenders to agree to new terms on your debt. Most individuals are surprised that negotiating with creditors and lenders is an option. Many credit card companies would rather negotiate with cardholders and get some return on their investment. It costs these companies a lot of time, money, and effort to go through the collections process. Negotiating for better terms, a different payment plan, or even to settle your debt is a great way to finally squash unmanageable debt. You may even qualify for a hardship agreement that would allow you to lessen or defer payments depending on your circumstances. Debt consolidation: If you are struggling to pay back multiple sources of debt, consolidation may help you move high-interest credit card debts to one loan with a more reasonable interest rate. Consolidation can significantly reduce your monthly payments and the total amount of interest you pay over time. Consolidating debt can also help by providing a single monthly payment to focus on instead of multiple high-interest payments a month, making it easier to manage your finances and keep an eye on your debt. Loan modification: Changing the terms on loans for secured debts—like your home or car—can also shift your budget to allow you to put more money into paying down debts. If your mortgage is a huge aspect of your financial struggles, securing a loan modification agreement can remove some of the burden from a strained budget. Negotiating a lower interest rate or a lower monthly payment, extending the repayment period, reducing the principal owed, or even changing from an adjustable rate to a fixed rate can improve the terms in your favor. Many debt relief options are available, and Veitengruber Law can help you find the one that is right for you. 2. Bankruptcy We know—bankruptcy may seem like overkill for some holiday spending. But the truth is that if you put all or most of your holiday spending on credit cards, there are likely some more significant issues at work in your budget. Maybe you've lost income or employment, maybe you are dealing with costly medical problems, or maybe you got hit with significant home repairs during your holiday spending. Regardless of the reason, holiday spending can exacerbate existing financial issues. Often, the credit card bill received after the holidays is the final straw for individuals who have been considering a big financial change for a while. If this sounds like you, bankruptcy may be the best option for dealing with all of your debt, not just the debt you accumulated over the holidays. What kind of bankruptcy you file can be tricky when considering holiday spending. For individuals filing for bankruptcy, your options are typically to file either Chapter 7 or Chapter 13. Bankruptcy laws dictate that any spending on "luxury" items or services in the 90 days before filing for bankruptcy cannot be discharged. Luxury goods include gifts. You also cannot discharge cash advances within 70 days of filing. This means that if you file in January, February, or March, you likely will not be able to discharge any debt accumulated around the holidays under Chapter 7 bankruptcy. While every individual's financial circumstances are different, if you are looking to get rid of holiday spending debts, Chapter 13 is likely the best option for you. If you went over budget or experienced financial hardship while dealing with end-of-year debt, Chapter 13 can help you pay back this debt in a way that works for your financial situation. By re-organizing the debt under Chapter 13, you can spread out more realistic payments over three or five years, making it more affordable under your budget. This can be a great way to restructure your financial life in a way that reduces stress and sets you on the path to a brighter future. 3. Credit Repair When your debt is out of control, your credit score will drop. How far it drops depends on how much debt you have and how you reduce that debt. Whether you are watching your score decrease due to immense debt or dealing with a low score in the aftermath of bankruptcy or debt relief, we can help. Our holistic approach to debt relief includes helping you improve your credit score in the wake of unmanageable debt. Your credit score is your financial power. With a poor score, you lose out on financial opportunities. We aim to help you become a stronger consumer so you can access these financial opportunities, empowering you to take control of your financial future. We offer individualized counseling to help you improve your credit score, clear your credit report, and bounce back from financial difficulties with more knowledge and financial empowerment. We will offer a step-by-step plan to help you repair and rebuild your credit score. If holiday spending has tanked your credit score, we can help you find a plan to dig out of that debt and get your score back to where it was.  Financial stability is a common New Year's resolution, and it's a goal that is within reach. Veitengruber Law can help you assess your situation and formulate a plan to get you on a path to financial health in 2025. We offer individualized and appropriate solutions to tackle your debt worries, giving you hope for a brighter financial future. Being proactive about your debt at the beginning of the year will help you end next year on better financial footing.
By Veitengruber Law January 10, 2025
As anyone who has ever purchased a home can tell you, buying a property is a lot more involved than simply paying the downpayment and signing on the dotted line. Real estate transactions involve intricate legal and financial processes that can sometimes be confusing. Not only are you likely working with lenders, competing against other buyers, and negotiating for a fair deal—you have local, state, and federal laws to grapple with. When mistakes happen, they can be costly. In New Jersey, you do not have to work with a real estate attorney to purchase a home. Still, many home buyers seek the guidance of an experienced attorney to help them navigate NJ real estate law. If you are a hopeful homebuyer looking to purchase a home, you may want to consider the benefits of working with an attorney. Enlisting the service of an attorney will help you be a more informed and protected home buyer. If you choose to work with a real estate attorney, here are six questions you can ask them as you go through the home buying process: 1. How can the real estate contract protect my interests? In New Jersey, any real estate contract automatically goes through the three-day attorney review period. While buyers and sellers are not obligated to utilize this period to have an attorney review their contract, it is highly recommended. Typically, if attorneys are not involved in drafting the sales agreement, a boilerplate agreement is used to facilitate the transaction. This standard agreement should cover the basics, but it will protect your legal rights and personal interests as much as a customized, attorney-created contract can. Your real estate attorney can review and amend your contract to protect your rights and best interests throughout the transaction. They can also insert clauses that will make it easier for you to legally exit the contract if you face any setbacks, like a bad inspection report or the inability to get financing. A customized contract is typically in the best interest of all parties and helps create a smoother transaction overall. 2. Are there any deed restrictions? Every home comes with a deed. The deed to a home or property is a legal document that legally passes ownership from one owner to another. Unlike a title, which is the actual right of ownership, a deed is essentially the paper trail that shows the change in ownership from the previous owner to the current owner. There are some things you should look for when you review the deed to your new home. Some deeds come with restrictions. Deed restrictions are limitations on your right to utilize your property as the owner. These restrictions typically exist due to a homeowners' association or agreements put in place at the bequest of community members. Deed restrictions can cover many things, from the color you can paint your home to if you can have sheds or fences in your backyard. Before proceeding with the transaction, you should review any deed restrictions and determine if they align with your lifestyle. An attorney can help you carefully review the deed and assess your rights going forward if you disagree with any listed restrictions. 3. Are there any liens or claims on the property? When you purchase a home, you must do so with the full knowledge of any potential issues with the property. Attorneys are excellent researchers who can provide expert assistance in researching the history of a property and reviewing the legal documents associated with a property. Attorneys are adept at performing title searches, where they go through all public records to determine the legal owner of the property and the history of deed transfers associated with the property. Title searches can also help you discover building code violations, legal issues, or property claims like court judgments, liens, mortgages, and delinquencies associated with the property. Even if you were totally unassociated with the property when the above issues occurred, these encumbrances could diminish your ownership rights and lead to legal or financial headaches. An attorney can help you ensure that all potential problems with the property are resolved before closing so you can begin life in your new home without issues hanging over your head. Working with an experienced attorney for the title search process will help you protect your interests as a homebuyer. 4. Can a real estate attorney assist with my mortgage? Yes! There are a lot of moving parts in the homebuying process. One of those parts is securing financing if you are not paying for your home outright. There are a number of conditions that need to be met to secure a residential mortgage in NJ. Lenders will request a ton of paperwork and documentation from you to prove your financial standing and determine if you qualify for their financing options. A real estate attorney can review your financial documents to ensure that you meet all the criteria to get approved for your loan. An experienced attorney will also be able to ensure that you are following the conditions laid out in the loan contract and that everyone is in compliance with NJ residential real estate law. 5. Are there any tax implications with my purchase? Depending on your circumstances, you may have to consider the tax implications of your home purchase. For example, NJ has a Mansion Tax that applies to home purchases of residential properties of homes sold for $1 million or more. This 1% fee of the home's total sale price must be paid at the time of closing. You may also have to pay prorated property taxes to the seller. In NJ, property taxes are paid quarterly in advance. So, it is likely that the seller has paid the property taxes for the quarter in which the home is sold, despite the fact that they will not live at the property for the entirety of the quarter. Typically, the buyer is then responsible for reimbursing the seller for an agreed-upon portion of those property taxes. This amount will be due to the seller at closing. 6. The inspection or final walkthrough revealed issues. What can I do? An attorney can help you review the inspection report for a property to ensure that the seller has been honest and upfront about any issues with the home. If you have been working with an attorney from the beginning, they will likely have clauses in your contract that make the sale contingent upon specific standards being met. If these standards are unmet and the property has more issues than previously disclosed, your attorney can help. They will work with you to either negotiate for these issues to be resolved prior to closing or find a way to back out of the deal completely. Even if these issues are not noticed until the final walkthrough right before closing, your attorney can offer you the tools you need to navigate any last-minute problems. You have legal rights throughout this process, and an attorney can ensure those rights are respected. Buying a home is one of the most important investments you will likely make in your lifetime. Working with an attorney can help protect this investment from the very beginning. Veitengruber Law is an experienced, full-service real estate law firm in New Jersey. We have years of experience helping NJ residents sell and purchase property. NJ real estate law can be complicated, but your homebuying process doesn't need to be. We are ready to help you secure your dream home.
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