Author: Marc S. Berman
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Banks Can’t Foreclose Without Mortgage In Hand
An appellate New Jersey court ruled recently that any lender trying to foreclose on real estate must prove possession of the mortgage note. In fact, the lender has to prove possession before it is even allowed to file a complaint. If there is no mortgage note, then the lender lacks what is called “standing.” Standing…
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New Court Program For Avoiding Foreclosures
The U.S. Bankruptcy Court in New Jersey recently started a new program designed to help avoid foreclosures. It’s called the Loss Mitigation Program. It provides several options besides mortgage modification to debtors who are in danger of losing their homes. The most interesting thing about the program is that there are no mediators. No one…
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Drunk Drivers Can Sue Bars That Served Them
A New Jersey man decided to ride his motorcycle home from a Toms River restaurant. He was struck by a car on the way. Turns out that the gentleman had a few drinks before he left. His blood alcohol level was more than twice the legal limit and he pled guilty to drunken driving. After…
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New Type Of Public Benefit Corporation
Recently, New Jersey became the third state to enact something called a B corporation, which is short for “benefit corporation.” The designation is for companies that fulfill social or environmental goals, in addition to a for-profit traditional business model. The corporation must provide a “genuine public benefit,” which could include helping low-income people, defending the…
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Some Biological Grandparents Can Visit Adopted Grandchildren
The New Jersey Adoption Act gives biological parents no rights over an adopted child. However, says a state appeals court, that doesn’t necessarily mean that biological grandparents don’t have a right to visit the child. In a case out of Bergen County, where the adoptive parents allowed the biological grandparent’s visitation rights, only to cut…
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Municipalities Can’t Regulate Booze
Sayreville, in Middlesex County, recently tried to regulate the type of restaurants that can allow “BYOB” (bring your own booze), a practice common in most municipalities. The apparent purpose of the regulation was to discourage those establishments that featured “adult” entertainment. Some guys weren’t too thrilled at the prospect of not being allowed to bring…
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Door-To-Door Salesmen Lose
Have you ever regretted buying something from someone selling door-to-door? Chances are that either you have or know someone who has. Good news if you make that mistake in New Jersey: buyers can cancel a contract that they signed with a door-to-door salesman over the phone, provided that the contract doesn’t prescribe a method. The…
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Dr. Oz’s Angry Neighbor
Mehmet Oz, the famous surgeon and host of the daytime television program “The Dr. Oz Show,” is having some trouble with one of his neighbors. Angelo Bisceglie, the doctor’s fellow resident of Cliffside Park, is peeved at Dr. Oz’s supposed affinity for disregarding town ordinances. Mr. Bisceglie is suing the doctor for planting 40-foot pine…
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Uninsured Car Owner Can’t Sue Even When Injured As Passenger
The New Jersey Supreme Court recently ruled that a New Jersey law that bans lawsuits by uninsured drivers also bars suits by uninsured car owners who are injured while riding as passengers their own cars. The Court stated that to allow someone to recover as a passenger, but not as a driver, would be very…
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First Post
Hello everyone, I am an attorney with offices in Fair Lawn and Paramus, NJ. I have been helping New Jersey residents and businesses with their legal issues and courtroom struggles for 25 years. It is my hope that my clients and friends will find this blog helpful, interesting, and entertaining. If you like what I’m…