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Author: Angela Morisco

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Fear Not the Dreaded Legal Fees: Part Two

Very often boards of condominiums and other community associations hesitate to engage in litigation against unit owners who fail to pay common expense assessments due to fear of  the legal expense. In addressing this concern, I often advise boards that likely if you do nothing, you...

FDCPA & Debts That Can Cause Despair

The Federal Fair Debt Collection Practices Act (“FDCPA”) 15 U.S.C.A. § 1692, et seq. applies to attorneys engaged in the collection of debt for community associations.  The language contained in demand letters is a frequent source of FDCPA litigation. Liability is often imposed based on...

Let No Man Put Us Under

The New Jersey Appellate Division Upholds the Sanctity of Property Held as Tenants by the Entirety In a decision dated, May 8, 2018, approved for publication, the New Jersey Appellate Division held that N.J.S.A. 46:3-17.4, precludes an unsecured creditor from forcing the partition of real property...

No Bank Account, No Employment, No Problem

Once a judgment for condominium arrears is entered and various post judgment enforcement remedies have proved unavailing to locate assets, i.e. there are no bank accounts in the debtor’s name and no employment information can be located, there is one more tool in the toolbox! New...

Delinquent Owners Can Run, But They Cannot Hide

Feeling uncomfortable with  the length of time that it took for the  Office of Foreclosure to enter a Final Judgment of Lien Foreclosure for a Fort Lee condominium, I was excited when the week of the sheriff’s sale finally rolled around. After all, I made...

Name Lending Leads to Attorney Suspension

What’s in a name? The New Jersey Law Journal recently reported that the Supreme Court issued a three month suspension to an attorney for “lending” his name to a law firm where he was a nominal partner and had no role in the business of...