What Constitutes A “Mortgagee In Possession”?

Just The Facts – By Karen Wachs In a very recent court decision, the New Jersey Appellate Division was asked to determine whether a lender’s assignee that takes possession of a condominium unit when the owner/mortgagor has defaulted on the loan, and thereafter winterizes the unit and changes the locks, is considered a “mortgagee in possession” of that unit, responsible … Read More

What Is The Definition Of A “Debt Collector”?

Going For The Gold With Jonathan S. Goodgold On June 12, 2017, the United States Supreme Court issued its decision on Henson v. Santander Consumer USA Inc., 582 U.S. ___ (2017). In a unanimous decision, the Supreme Court affirmed the decisions of the District Court and Fourth Circuit Court of Appeals that found that the buyers of debt are excluded … Read More

CAM Charges & Commercial Leases (Karen Wachs, Esq.)

Commercial tenants are often shocked when they receive an operating expense statement from their landlord. Some of this is as a result of poorly drafted operating expense clauses. In other situations, it is as a result of erroneous charges. Below are some clauses to look for and the impact that may have on your lease. Services Included in Rent The … Read More

SPOTLIGHT ON! Entrepreneurship & Business Start-ups

This SPOTLIGHT ON! Series focuses on entrepreneurship and starting your own business.  Our firm concentrates a large part of the practice on business law – creating businesses and the documents that go with them, commercial issues, commercial litigation, etc… Now more than ever, more and more people are owning and operating their own businesses.  They become “entrepreneurs” – sometimes by … Read More

KIT Communication: Wills, Trusts & Estates

Now that the tax filing deadline has passed for most people, it is a good time to review your estate and personal documents and be sure that your assets are properly protected and your children are provided for.  These documents include a will, advance healthcare directive and power of attorney, but might also include the use of several trust documents … Read More