Hill Wallack LLP Firm News/Blogs Feed

Expanded Fair Housing Liability for Associations – Exposure for the Discriminatory Acts of Residents

19 Jun 2019

Join Hill Wallack LLP's Community Association Attorneys For An Informative Webinar
On Expanded Fair Housing Liabiity for Associations - Exposure for the Discriminatory Acts of Residents

June 19, 2019 | 12:00 - 1:00 p.m.

Presented by: Ronald L. Perl, Esq., CCAL

Most community association boards and managers know that the Federal Civil Rights Act prohibits housing discrimination and that the Fair Housing Amendments Act of 1988 added handicap and familial status to the groups protected by the law. Less well-known is the fact that in 2016, the U.S. Department of Housing and Urban Development (HUD) enacted regulations which expanded the scope of community associations’ liability for housing discrimination. The regulations establish potential liability for associations based on the discriminatory actions of residents over whom the association has no direct control. This session will discuss these regulations and why associations now must be actively involved in addressing resident vs. resident discriminatory conduct.
Click here to register.

This course is approved for (1) one credit by the Community Association Managers International Certification Board (CAMICB) to fulfill continuing education requirements for the CMCA® certification. www.camicb.org.

Hill Wallack Partner Kenneth R. Sauter to speak at NJICLE Seminar

13 Jun 2019

Fundamentals of Community Association Law

Presented in cooperation with the NJSBA Real Property Trust and Estate Law Section and the New Jersey Chapter of the Community Associations Institute (CAI-NJ)

Thursday, June 13, 2019
9:00 a.m. to 1:00 p.m.
New Jersey Law Center

Kenneth R. Sauter is a partner in the Cedar Knolls, New Jersey office of Hill Wallack LLP and is a member of the firm’s Community Associations, Real Estate, and Banking & Financial Services practice groups.

Mr. Sauter will be among an experienced panel presenting on the fundamentals of community association law. Mr. Sauter will present on topics and issues confronted by community association governing boards, owners, and other professionals, such as attorneys, managing agents, and accountants, including rental restrictions, FHA loan approvals, and advice to attorneys representing the purchasers of homes in community associations.

Credits
NJ CLE: This program has been approved for 4.5 credits
PA CLE: 3.5 sbustantive credits pending
NY CLE (Transitional & Non-transitional): 4.5 professional practice credits

For more information, click here.

Hill Wallack LLP Family Law Attorney, Megha R. Thakkar, Selected as One of New Jersey Law Journal's New Leaders of the Bar

12 Jun 2019

Hill Wallack is pleased to congratulate family law attorney, Megha R. Thakkar, on being selected as one of New Jersey Law Journal’s New Leaders of the Bar. In selecting its New Leaders of the Bar, the New Jersey Law Journal recognizes attorneys yet to reach the age of 40 for their notable achievements and outstanding potential. Megha will receive her award at the Professional Excellence Awards Dinner on June 12, 2019, at the Brooklake Country Club in Florham Park.

Megha is Counsel in the Princeton, New Jersey office of Hill Wallack LLP, where she is a member of the firm’s Family Law practice group. She represents clients in all aspects of divorce and family law, including litigation, mediation, and arbitration, custody matters, alimony and child support disputes, post-judgment applications, prenuptial agreements, and domestic violence litigation. She is also a qualified mediator in family law matters and volunteers as a Matrimonial Early Settlement Panelist in Middlesex and Somerset Counties. Megha is active in the Middlesex County Bar Association and presently serves as Secretary on its Board of Trustees.

Hill Wallack LLP Partner Albertina Webb to Speak at NJICLE Seminar

08 Jun 2019

Hill Wallack Family Law Attorney, Albertina Webb will be amongst a panel speaking on:

Child Custody Basics: Everything You Need to Handle Child Custody Matters in 2019.

June 8, 2019 I 9:00 AM - 12:35 PM

New Jersey Law Center I New Brunswick, NJ

Join us for a practical, informative seminar that will prepare you to confidently handle both the legal and emotional aspects of child custody cases in New Jersey. Seasoned family law attorneys will review the basics of child custody and visitation law and provide you with a solid understanding of the applicable statutes and case law, the terms you need to know, and strategies for dealing with combative clients and adversaries. They will discuss the various types of parenting arrangements such as the difference between custody and time-sharing, physical vs joint, and shared custody, and analyze the criteria that the courts use to make custody decisions. You will come away with a strong knowledge of child custody law and the interplay between the law and the psychological ramifications of custody disputes to that you can confidently represent your clients.

NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4.0 hours of total CLE credit. Of these, 4.0 qualify as hours of credit toward certification in matrimonial law.

Moderator/Speaker: Christine Fitzgerald, Esq.

Other Speakers Include:
Tanya L. Freeman, Esq., Weiner Law Group, LLP
Eileen Kohutis, Ph.D.
Matheu D. Nunn, Esq., Einhorn, Harris, Ascher, Barbarito & Frost, P.C.

For more information, click here.

Hill Wallack LLP Community Associations Partner Loren Lightman article published in Community Trends

03 Jun 2019

Click here to read Loren Lightman's article, co-authored by Benjamin Basch, American Pool Enterprises.

Hill Wallack LLP Family Law Attorney Megha R. Thakkar Sworn in as the Middlesex County Bar Association Treasurer

24 May 2019

Princeton, NJ May 24, 2019 --- Hill Wallack LLP Family Law attorney Megha R. Thakkar was sworn in as Treasurer of the Middlesex County Bar Association. She took the oath of office during the Association’s Installation of Officers and Trustees. Megha has been active with the Middlesex County Bar Association since 2008, served as a Trustee from 2011-2018, and served as Secretary last year. In 2016, she received the Martin S. Goldin Family Law Award presented by the Association.

The Installation of Officers and Trustees took place at the Park Chateau Estate and Gardens in East Brunswick on May 22, 2019. Also sworn in were Daria Anne Venezia as President, Eugene Wishnic as President-Elect, Edward Testino as First Vice President, Jack Gillick as Second Vice President, and Marc Gaffrey as Secretary.

Megha is Counsel in the Princeton, New Jersey office of Hill Wallack LLP, where she is a member of the firm’s Family Law practice group. Megha represents clients in all aspects of matrimonial and family law, including divorce litigation, mediation, and arbitration, custody and parenting time issues, alimony and child support disputes, post-judgment applications, marital settlement agreements, prenuptial agreements, and domestic violence litigation. She is also a qualified mediator in family law matters pursuant to R. 1:40.

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Foreclosure Reform Measures

23 May 2019

Written by: Michael Kahme and Eric P. Kelner

Initial Statement

On April 30, 2019, New Jersey Governor Phil Murphy signed into law a package of new laws designed to reform and expedite the foreclosure process in New Jersey. As a result, many aspects of the foreclosure process, from the issuance of Notices of Intent to Foreclose (“NOI”) to the execution of Sheriff’s Sales will be dramatically altered. Simultaneously, the New Jersey Supreme Court has also adopted a series of rule amendments to the New Jersey Court Rules to coincide with and assist in the implementation of these new laws.

Condominium Association Liens

Effective immediately, Condominium Association Liens are now afforded extra protections. Currently, a portion of the association lien holds a limited priority over prior recorded mortgages and certain other liens in an amount not to exceed the aggregate customary condominium assessment levied against the unit owner during the six-month period prior to the recording of the lien.

Under the new laws, the limited priority of each association lien would be cumulatively renewed on an annual basis as necessary. The bill also exempts association liens which are cumulatively renewed on an annual basis from the 60 month expiration period of the limited priority. The cumulative annual renewal of an association lien would not prevent a subsequent lien of the association from receiving a priority over a prior recorded mortgage. The new laws also allow association liens to include any late fees, fines, expenses, and reasonable attorney’s fees.

Licensing of Mortgage Professionals

The new laws additionally now require anyone working as a mortgage servicer to obtain a license from the New Jersey Commissioner of Banking and Insurance for each main office and each branch where business is conducted. This requirement does not apply to banks, credit unions, a wholly owned subsidiary of a bank or credit union, any operating subsidiary in situation in which each owner of the operating subsidiary is wholly owned by the same bank or credit union, or any person licensed as a residential mortgage lender.

The laws also establish guidelines whereby out of state residential mortgage lenders, residential mortgage brokers, and residential mortgage originators would need to be licensed under the same licensing scheme as those working within New Jersey.

Mediation

The new laws also codify the experimental mediation program instituted in the wake of housing crisis. Borrowers now have a right to request counseling through a mediation specialist. The specialist in turn has the authority to schedule a mediation conference in which all parties must attend. Crucially, foreclosing creditors are required to appear through a party authorized to consider alternatives to foreclosure. Failure to appear can result in a $1,000.00 fine.

The court rules require that, prior to the date of a scheduled mediation, the foreclosing creditor must mail the Borrower the following information:

An itemized loan transaction history with accompanying information, written in plain language, to explain any codes used in the history which are not otherwise self-explanatory;
An itemized statement of the amount necessary to reinstate the mortgage loan;
A statement of the amount necessary to pay off the mortgage loan;
Copies of the Note, Mortgage and any agreements modifying the same; and
The name, business mailing address, electronic mailing address, facsimile number and direct telephone number of an individual able to respond with reasonable adequacy and promptness to questions relative to loss mitigation processes.

In addition to required notice as part of NOIs, as discussed below, the summons and complaint must now also include notice to Borrowers of their right to participate in the program and the necessary contact information to participate.

This new mediation system is set to take effect on November 1, 2019. However, the judicial court rules implementing the mediation program have taken effect immediately. Therefore, we strongly recommend immediate action to ensure the availability of representatives, with settlement authority, to appear at any future mediation conference to avoid the imposition of penalties. This is to ensure strict compliance with the terms of the laws. It is hoped that as time goes on, appearances by phone will be permitted or perhaps even appearance by foreclosure counsel with representatives on standby to assist if needed.

NOIs

Under the new laws, NOIs mailed prior to the filing of a foreclosure action will now be required to include additional information. This includes:

Notifying the Borrower that they are entitled to counseling at no cost through the Foreclosure Mediation Program established by the New Jersey Judiciary;
Notifying the Borrower that in order to participate, the Borrower must submit a completed Mediation Request Statement to the Superior Court Clerk’s Office, Foreclosure Mediation, P.O. Box 971, 25 Market Street, Trenton, New Jersey 08625 at any time within 60 days from the date of service of the Summons and Complaint;
Notifying the Borrower that they may participate in the Foreclosure Mediation Program after 60 days from the service of the summons and Complaint but before the sale of the property only by filing a motion with the Superior Court Clerk’s Office in Trenton;
Notifying the Borrower that if a property under foreclosure has between two and four dwelling units, one of which was occupied by the Borrower or a member of their immediate family at the time of origination, and meets the necessary conditions for receivership under the “Multifamily Housing Preservation and Receivership Act” (N.J.S.A. 2A:42-117), then the foreclosing entity will be required to file an Order to Show Cause to appoint a receiver for the property.

These new requirements are set to take effect November 30, 2019. However, we recommend immediate review of standard NOIs to ensure proper compliance with all new regulations.

In addition to these additional information requirements, the new laws also place an expiration date on NOIs of 180 days. Therefore, any foreclosure action that is not filed within 180 days of the mailing of the NOI must be delayed in order to issue a new, valid NOI.

Notices to Municipalities

The new laws also alter municipal notice requirements for properties in foreclosure. For all New Jersey creditors, within 10 days of serving the summons and complaint, the foreclosing entity must submit a letter to (1) the municipal clerk and (2) the mayor or other chief executive office that includes:

The name, address, and telephone number for a representative of the creditor responsible for receiving complaints of property maintenance and code violations;
The full contact information for any person or entity retained by the creditor or representative of the creditor to be responsible for any care, maintenance, security, or upkeep of the property exterior.

Out of state creditors must also provide this information in addition to contact information for an in-state representative responsible for care, maintenance, security, and upkeep of the property exterior.

Foreclosing creditors must file updates within 10 days of any change to the above information.

This information must also be filed with the foreclosure summons and complaint along with the filed Lis Pendens in the county clerk’s office.

These requirements will come into force on July 29, 2019 and apply to all residential foreclosure actions filed on or after July 29, 2019.

Foreclosure Litigation

The new laws also make several substantive changes to the way foreclosure litigation is conducted. First, if a property under foreclosure has between two and four dwelling units, one of which was occupied by the Borrower or a member of their immediate family at the time of origination, and meets the necessary conditions for receivership under the “Multifamily Housing Preservation and Receivership Act” (N.J.S.A. 2A:42-117), then the foreclosing entity will be required to file an Order to Show Cause to appoint a receiver for the property.

Next, the new laws also dramatically decrease the statute of limitations for a foreclosure action in New Jersey. Up until now, creditors had twenty (20) years from the date of a Borrowers’ default to institute a foreclosure action. This will remain the case for all loan originated prior to April 30, 2019. However, for all loans originated on or after April 30, 2019, creditors will now only have 6 years from the date of a Borrowers’ default to institute a foreclosure action.

The laws also alter the method by which foreclosure actions dismissed for failure to prosecute are reinstated. Now, foreclosure actions dismissed for failure to prosecute can be reinstated three (3) times on a showing of good cause. However, the cost to reinstate the foreclosure action is equal to twice the cost of filing a foreclosure action. These costs also cannot be charged back to Borrowers at the conclusion of a foreclosure action.

Finally, the Court rules reduce the notice time for the filing of a motion to enter final judgment against properties with junior creditors from 30 days to 10 days.

Sheriff’s Sales

The new laws also drastically alter the method for conducting Sheriff’s Sales. The new laws establish a framework in which Sheriff’s Sales for foreclosures must take place within 150 days of the Sheriff receiving the Writ of Execution. Under the framework, a Sheriff’s Sale can be adjourned up to thirty (30) days five (5) times; twice by creditors, twice by Borrowers, and once by both if Borrower and creditor agree to the adjournment. Any additional adjournments will only be granted by leave of Court. If the Court does not grant leave beyond the 150 days, the sale will have to be canceled. At this stage, it is unclear how the Court will handle instances of delays as a result of outside factors such as bankruptcy. That being said, the wording of the laws suggest the filing of a bankruptcy could result in the need to cancel a pending Sheriff’s Sale.

In addition, new laws now require attorneys to prepare and submit the Sheriff’s Deed within 10 days of a sale. This framework will come into effect July 29, 2019.

Vacant Properties

The new laws also alter the treatment of vacant properties. Under the new laws, the local Sheriff must auction a property deemed vacant prior to the entry of judgment within 90 days of the Sheriff’s receipt of any Writ of Execution. If the Sheriff cannot meet the 90 day deadline, the foreclosing entity must file a motion to appoint a special master to sell the property within 90 days of the motion.

For properties deemed vacant after the entry of judgment, the foreclosing creditor may make a motion to the Court requesting the property be sold within 90 days.

This new framework is set to take effect on May 30, 2019.

©2019 Hill Wallack LLP. All rights reserved. Please contact Hill Wallack for permission to reprint. Notice: The purpose of this Client Alert is to identify select developments that may be of interest to readers. The information contained herein is abridged and summarized from various sources, accuracy and completeness of which cannot be assured. This Client Alert should not be construed as legal advice or opinion, and is not a substitute for the advice of counsel.

Hill Wallack LLP to Attend the 141st INTA Annual Meeting

18 May 2019

International Trademark Association (INTA) Annual Meeting

Boston, Massachusetts

May 18 - May 22, 2019

Hill Wallack LLP is pleased to announce its attendance at the 141st International Trademark Association Annual Meeting in Boston to participate in a number of trending topics rapidly transforming the global IP landscape. Hill Wallack will be represented by partner, Jason Lee DeFrancesco.

Providing the Keynote address is world-record, professional athlete and environmental advocate, Michael Haddad. Mr. Haddad “will share his passion for life with registrants and motivate you to overcome your challenges while making the world a better place now and in the future.”

For more information on the INTA Annual Meeting, click here.

About Hill Wallack LLP

Founded in 1978, Hill Wallack LLP is a leading full service law firm with offices in New Jersey, Pennsylvania and New York. With over 60 attorneys, its mid-market size allows sophisticated, high-level service to clients in a cost-efficient, responsive manner in fields that include franchise, ANDA litigation, business formation, energy and corporate governance. For more information, visit www.hillwallack.com.

Hill Wallack Family Law Attorney Albertina "Abby" Webb speaking at the NJSBA Annual Meeting and Convention

15 May 2019

New Jersey State Bar Association - 2019 Annual Meeting and Convention

May 15 - May 17, 2019

Borgata Hotel Casino & Spa | Atlantic City, NJ

On Wednesday, May 15th, Family Law partner Albertina "Abby" Webb
will be presenting on the following topic:

Very Hot Tips in Family Law on Equitable Distribution Issues | 4:30 pm

To register, or for more information, click here.

Albertina “Abby” Webb is a partner in the Red Bank, New Jersey office of Hill Wallack LLP, where she is a member of the firm’s Family Law practice group. Ms. Webb concentrates her practice on family law issues, including divorce, custody, support, post-judgment and domestic violence cases from inception through resolution, either by mediation, arbitration or trial. She also handles enforcement or modification of marital agreements, alimony and child support awards, post judgment enforcement and modification of agreements and pre-nuptial agreements, as well as engaging in litigation practice to set them aside or for enforcement.

Hill Wallack Attorneys Selected To The 2019 Pennsylvania Super Lawyers List

13 May 2019

Yardley, PA May 13, 2019 --- Francis J. Sullivan, David J. Truelove and Timothy J. Duffy, from the Yardley, PA office of Hill Wallack LLP, have been selected to the 2019 Pennsylvania Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Francis J. Sullivan is the Founding Partner of Hill Wallack LLP’s Yardley, Pa., office. He is partner-in-charge of the Business & Commercial and Trusts & Estates practice groups. Mr. Sullivan represents corporate entities and partnerships in a wide variety of business transactions and related litigation. Mr. Sullivan’s clients include family owned businesses and partnerships, as well as businesses in a number of industry sectors, such as financial services organizations and mortgage companies, automobile dealerships, construction and related trades, home heating fuel oil entities, professional firms (medical, legal and accounting), and publishing. He also represents individuals in commercial matters.

David J. Truelove is a partner and member of the firm’s Employment & Labor Law, Municipal Law, School Law and Internal Investigations practice groups. Mr. Truelove’s areas of concentration include municipal labor law, employment matters and complex litigation. He is a recognized labor lawyer, who has successfully represented municipalities, school districts and other public entities throughout Bucks County, Montgomery County and the surrounding region in a wide variety of high-profile collective bargaining matters.

Timothy J. Duffy is a partner and a member of the firm’s Business & Commercial, Real Estate, Banking & Financial Services, Land Use Solutions, and Commercial Leasing & Property Management practice groups. He serves the regional and business community by handling and resolving the wide range of challenges business owners face every day. As comfortable in the boardroom as he is in the courtroom, Mr. Duffy’s years of commercial litigation experience is a valuable asset in strategically counseling clients through contract negotiations and business disputes. Likewise, his years of transactional experience provides a valuable depth of familiarity with the contracts and business relationships with regard to which he is regularly called upon to litigate for his clients, including in the context of preliminary injunctions in business disputes. Mr. Duffy’s clients include national and regional commercial real estate investors and property managers, the buyers and sellers of real estate and businesses, commercial lenders, and local and regional business owners. Mr. Duffy also has extensive experience representing landowners and developers seeking land development and/or zoning relief before municipal boards and commissions throughout Bucks and Montgomery Counties.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the county. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. For more information about Super Lawyers, go to superlawyers.com.