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Real Estate Law

Real Estate Law

22 Types Of Law that May Affect Real Estate Investors

by Tom Koziol | January 23, 2009

That is not a typo. In fact, I may be off by a number or two. Given today’s chaos and confusion in the real estate realm, it is a definite possibility we could find ourselves in a court room answering a complaint under one of the following 22 types of law:
Common Law
Equity Law
Admiralty/Maritime Law
Administrative Law
Private [...]

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Foreclosures

The Future Of Foreclosure Actions???

by Tom Koziol | June 20, 2008

Someone once said to be careful of what you wish for as you may just get it. The voices clamoring for court help with foreclosures are getting their day in the sun in New York at least according to an article that appeared in the June 19th New York Times.
If you read the article, pay [...]

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Foreclosures

From Pre-Foreclosure to Pre-Trial Hearings

by Milton B. Yates | May 25, 2008

BEWARE! BEWARE! BEWARE!
I am quite sure that many of you are staying abreast of the new laws regarding dealing with sellers and properties on their way into foreclosure status. On my side of the country it is especially critical to follow all guidelines of the pre-foreclosure business. Those who are choosing to take [...]

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Learn Real Estate

Title Insurance: The Basics

by Joshua M. Marks, Esq. | May 13, 2008

I have often found that many homebuyers lack a fundamental understanding about title insurance. While most past clients have admitted to briefly discussing the topic with their real estate agent, they don’t seem to understand its purpose or function–only that it will be an additional expense on the settlement sheet for which they are [...]

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Landlord Tenant

Landlords: The Importance of Investigating Outstanding Violations

by Joshua M. Marks, Esq. | January 9, 2008

In many municipalities, a Certificate of Occupancy (often referred to as the “CO”) must be obtained by the seller and delivered to the buyer prior to or at closing. This insures that the buyer is aware of any outstanding violations or pending assessments against the property. However, some towns do not require a [...]

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Real Estate Law

A Contractor’s Failure to Properly Register was a Crime Under New Jersey Law

by Joshua M. Marks, Esq. | December 17, 2007

In July 2006, Martin Korab hired Eric Rowland, a contractor, after seeing one of Mr. Korab’s advertisements under the name “Mercury Woods Carpentry” in the telephone book. Mr. Rowland gave Mr. Korab a written proposal along with a diagram detailing a bathroom renovation project, and accepted a deposit of $3,750.00 upon Mr. Korab signing [...]

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Real Estate Law

Buying New Construction? Don’t let those builders push you around!!

by Joshua M. Marks, Esq. | October 29, 2007

From the concrete streets of metropolitan cities to the sprawling suburbs in most areas around the country, new construction is present in the form of townhouses, condominiums, single homes and the ever-so-popular “over-55 communities.”
While many of these properties are esthetically impressive complete with over-sized family rooms, open kitchen areas, and every upgrade/option imaginable, there are [...]

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Real Estate Law

Real Estate Sellers: Be Aware of Property Disclosure Laws

by Joshua M. Marks, Esq. | October 22, 2007

Background of Property Disclosure Laws
In the wake of the consumer-rights movement and the increasing influence of realtor organizations around the country, many states began to draft and implement property disclosure laws in the 1980’s that were designed to protect buyers of residential properties. The goal was to protect uninformed and inexperienced buyers in an [...]

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Real Estate Law

A Primer on Escrowed Funds

by Joshua M. Marks, Esq. | October 15, 2007

Upon signing the agreement of sale in most residential real estate transactions, the buyer pays an “earnest money deposit”, which signifies his intention to purchase the property. Typically, the earnest money deposit is held in the escrow account of the listing broker (who represents the seller) and is applied toward the buyer’s down payment [...]

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Real Estate Law

Buyer Beware: You Don’t Have to Use the Mortgage and Title Companies Affiliated with your Real Estate Broker. Make Sure You Shop Around!

by Joshua M. Marks, Esq. | October 8, 2007

Caveat emptor is Latin for “Let the buyer beware”.
A recent class-action lawsuit filed in the state of Minnesota is bringing to light a long-standing issue that affects buyers of residential real estate throughout the country—alleged steering of home buyers to affiliated title, settlement and mortgage companies by large realty brokers. This widely utilized practice [...]

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BiggerPockets News

Introducing Joshua Marks, Real Estate Attorney

by Joshua Dorkin | October 8, 2007

Once again, I am happy to announce a new contributor to this blog, Joshua Marks.
Joshua embodied the entrepreneurial spirit and opened his Law firm back in January of 2000. After close to five years as a sole practitioner, Josh partnered up with long-time college friend, Peter Rosenzweig to form Marks & Rosenzweig, LLC, a [...]

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