Broker Trading Misconduct: The Case for “Unsuitability” and Misrepresentations
Investments and securities trading are carefully regulated by various governing authorities, primarily for the purpose of protecting investors. The violation of such regulations, particularly through various deceptive actions and schemes to cheat or take advantage of...
NJ Implements Changes to the Criminal Expungement Process
New Jersey just passed a new law that will make it easier for certain people with criminal records to “expunge” their criminal histories. An expungement essentially wipes an arrest, conviction, and any related proceedings from an individual’s record: from a legal...
Broker Trading Misconduct: The Case for Account “Churning”
A form of fraudulent stock broker activity called “excessive trading” or “churning” may contribute to high commissions, low overall returns, unmanaged margin interest costs, and “break-even” percentages that exceed a reasonably accepted historical rate of return for...
Bridgegate internal investigation procedure questioned by Federal Court
Judge Wigenton of the United States District Court for the District of New Jersey granted a motion to quash a subpoena in the Bridgegate criminal case that sought the drafts and metadata of interview memoranda taken by Governor Christie’s attorneys, Gibson, Dunn &...
When Do Condos and HOAs Have to Provide Alternative Dispute Resolution?
An unhappy unit owner has contacted the community association’s board or property manager and demanded alternative dispute resolution (“ADR”). Does the association have to provide ADR? What is the format for ADR? Who pays for it? Is the decision binding or can it be...
The Right to Partition: This Land Is Your Land, This Land is My Land….
When a co-owner of real estate decides they want to segregate their interest in the property, to the objection of the other owner(s), practical and legal issues quickly arise. So what remedy does one have to withdraw from co-ownership of real estate? The law provides...
Five Foreclosure Do's and Don'ts
Falling behind on mortgage payments can happen to anyone. How one handles what happens after that can be vitally important to the resolution of the problem. What follows are five things that one should do, or should not do when facing foreclosure: DO review all...
Review of NJ Senate Bill S72 Regarding State Oversight of Budgets of Regional Sewerage Authorities
The pending bill, which addresses State oversight of regional sewerage authorities, is intended to cap the budgets of authorities by limiting budget increases, overall and to local units (municipalities), to a 2% cap. The only exception to the 2% would be costs...
Revised Standards for Land Title Surveys For 2016
The National Society of Surveyors (NSPS) and the American Land Title Association (ALTA) have substantially revised the Minimum Standard Detail Requirement for ALTA/NSPS Land Title Surveys, which are effective February 23, 2016 (revising the 2011 existing version). The...
Does Your Mortgage Really Have Priority?
If you record a mortgage affecting land with the local county land recording office, that gives you priority over someone filing another mortgage after yours, correct? Well, not necessarily. I’m not saying don’t record. Always record. But that doesn’t necessarily mean...
Post-Judgment Attorney’s Fees, What Condo Associations Need to Know
A New Jersey court recently denied a condominium association’s application for attorney’s fees accrued during collection efforts because the association’s governing documents failed to expressly provide for those post-judgment fees. In the United States, the general...
When Can Members of a Community Association Install Satellite Dishes or Antennas?
Satellite dishes and antennas can be a point of contention in community associations. Viewed by some as an unwanted deviation from the uniform appearance of the community, satellite dishes and antennas may offer cost-savings or enhanced programming options deemed...
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