Frequently Asked Questions

Law Office of

Tina Nielsen Amodeo, L.L.C.

When you purchase a property you should be sure that the property is free from any judgments or liens on it. You should also be sure that the person(s) or company that is selling you the property actually owns the property and what type of interest they and others may have in the property. You should also be sure of the exact location and dimensions of the property. You should also be sure that there are no parts of the property that are affected by physical encroachments or rights of other people that would interfere with your use of the property.

A title agency will search the municipal, county and state records to tell you if there is anything out there that affects the property that you are buying. There will also be a survey of the property ordered by the title agency or your attorney that will show the exact location and status of the physical property. The title agency will give you and the seller a report that tells you and the seller all the information about the property. At or before the day of closing, the seller will be required to follow the requirements in the report to clear up any title problems, including paying off liens, paying back taxes, preparing the deed, etc.

When you get to settlement and your deed and your mortgage will be recorded in the county recorder’s office by the title agency or your attorney. When all the documents are recorded, the title agency will prepare a title insurance policy that will cover you should anyone ever question your ownership of the property, the absence of liens on the property, etc.

If you buy a property without obtaining title insurance you run the risk of buying a property with all the problems attached to it that would have been cleared up had you gotten a title report and title policy.

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The only persons permitted to prepare a Deed transferring property in the State of New Jersey are a New Jersey licensed attorney or the Grantor (the person selling or transferring the property).

When should I hire my movers/rental vans?

It is very important to set up your moving plans as soon as possible before your closing date. Whether it is a moving company you are hiring, or you are renting a truck to move yourself, it is wise to think ahead and reserve the date or truck in advance. There are times when there are so many people moving, particularly in the summer and around school breaks, that it is extremely difficult to find a mover or available rental truck. Once you have your contract signed and reviewed by your attorney, your inspections completed, the closing date set, your mortgage commitment and title commitment, you should begin to call around to get quotes and availability information for your move. Before you make any reservations, consult with your attorney and/or real estate agent to determine and confirm your closing date.

If I went through bankruptcy obtain a discharge of my debts, or paid a debt, why is it that the judgments against me are still showing on a judgment search?

When you go through bankruptcy and have your debts wiped out, those debts still appear of record until you request that they be removed as judgments of record. Even though you may no longer be responsible for those debts, the judgment will show up on judgment searches and affect the title to your property until you cancel those judgments of record through court action. Even if you have paid or “satisfied” certain debts, if the judgment has been recorded, you must go before the court and show evidence of the payment or “satisfaction” of the debt in order to remove it as a matter of record.

See N.J.S.A. 2A:16-49.1. Please note that some types of judgments are not dischargeable in bankruptcy. Examples are state tax liens and child support judgments. To obtain satisfaction of liens that are not dischargeable in bankruptcy, you must either pay the debt in full or attempt to negotiate a lower payment in order to get the judgment satisfied. Once the judgment is satisfied, it can be removed of record through court action.

Even though I was divorced years ago, why do I have to show that I am divorced now in order to buy property or sell my property?

Your marital status is important when you enter a real estate transaction because the title agency who is insuring the ownership of the property, among many other things, must make sure that there are no other persons out there who may have an interest in the property you are selling or may obtain an interest in the property you are purchasing by virtue of a marital relationship with you. For this reason, it is important to obtain and keep a certified copy of your divorce decree with your important papers should you ever need to prove your marital status.