Monday, November 18, 2019

Medicaid and a reverse mortgage

Reverse mortgages are a popular lending vehicle that allows seniors to alleviate financial strains.  Reverse mortgages take different forms, tailored to each borrower's specific needs.

But the question arises on the pages of NJMoneyHelp.com:

What happens to a reverse mortgage with Medicaid?


Q. Does recovery of a Medicaid lien on a home take precedence over a reverse mortgage? Or even a regular mortgage? I could foresee a situation where someone would take out a reverse mortgage to cash out, figuring they would be losing their home to Medicaid anyway.
— Curious

A. You’re right that people try all kinds of strategies to protect their assets from Medicaid.
But the rules surrounding Medicaid eligibility are strict, and the scenario you pose isn’t a simple one.
Regular mortgages and reverse mortgages take precedence over a Medicaid lien, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park.
But, she said, there is a limit to the amount of equity that a person can take from a reverse mortgage.
“Moreover, reverse mortgage payments may affect a person’s eligibility for Medicaid benefits,” Whitenack said. “Mortgage payments are not counted as income as long as they are spent in the same month that they are received.”
Whitnack said the unspent balance from a lump-sum reverse mortgage, however, can result in excess resources over the Medicaid limit.
In addition, she said, if a person moves out of their home, for example, to a nursing home, the mortgage will likely come due.
You can read the above, and other columns of financial interest at NJMoneyHelp.com.

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Commit short-sale fraud; you wind up in jail

Father and son sentenced in fraudulent short sale scheme

 Real estate investing is one way to make money.  Sometimes, though, you wind up in jail.  Per the US Department of Justice:

A father and son from Bergen County, New Jersey, were sentenced today to 27 months in prison and eight months of home detention, respectively, for their roles in a scheme to use straw buyers and short sales on properties to defraud mortgage lenders out of hundreds of thousands of dollars and to avoid paying taxes on the proceeds of the scheme, U.S. Attorney Craig Carpenito announced.
George Bussanich Sr., 60, of Park Ridge, New Jersey, was sentenced to 27 months in prison. He previously pleaded guilty before U.S. District Judge Claire C. Cecchi to a superseding information charging him with one count of bank fraud conspiracy and one count of tax evasion. His son, George Bussanich Jr., 39, of Upper Saddle River, New Jersey, was sentenced to eight months of home detention. He previously pleaded guilty to tax evasion. Judge Cecchi imposed both sentences today in Newark federal court.
Apparently, these two were not content with the normal practice of buying low and selling high.  Instead, they rigged the low side of the transaction and the subsequent sales.

Read the full report here. 

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Monday, November 11, 2019

Questions you should ask about title insurance

Title insurance is a must have for home buyers.

Some questions about title insurance


Title insurance protects property buyers and their mortgage lenders against defects or problems with a title.

At Vested Land Services LLC, we are a policy issuing agent for several title insurance companies. In order to issue our policy we search land and court records to make sure there are no undisclosed interests in the property, unpaid taxes, pending legal action, errors, fraud or other problems with the title.

In New Jersey, the title must be insurable, meaning that the seller really does own the property and is free to sell it.

Home buyers typically pay for two title insurance policies at closing: an owner’s policy and a lender’s policy, which protects the lender.

Here are six questions a home buyer should ask about title insurance.

1. Are title insurance prices regulated?
In New Jersey, they are, so there won’t be a difference in premium quotes among companies.  However, some companies charge different fees for searches and third party services.  Quotes are sometimes misleading since certain charges may be left off or understated.

At Vested Land Services LLC, our quotes contain the standard charges for our files, including charges for services required by most lenders.  We're always ready to discuss out quotes.

2. How much coverage do I need?
Owner’s policies are issued in the amount of the purchase price.  They provide coverage against fraud, forgery, undisclosed heirs and spousal claims.  We'll be glad to provide you with a copy of the policy jacket while you shop for your title insurance agent.

3. Who pays for title insurance?
The home buyer or owner is responsible for paying for its policy and the lender's policy.

4. Is the seller pushing a specific title company?
If you pay for the title insurance, you have the right to select the company. 

Be wary if the seller is pushing his title company.  Are problems being buried? A fresh set of eyes could unearth title issues allowing them to be fixed before the closing.

5. Whom do I trust?
Real estate brokers often have a hidden relationship with a title agency.  If you select the real estate broker's recommendation, you may not be properly served.  If you have hired an attorney recommended by the real estate broker, tell her that you won't to select the title agency.

The same goes for referrals by mortgage lenders.

6. How much reassurance do I need?
Banks and insurance companies aren’t supposed to go under, but they sometimes do. If you want to verify that the underwriter issuing the insurance policy is sound, check its financial solvency with ratings companies such as Fitch Ratings, Demotech Inc. or A.M. Best Co.

You can also research the title insurance company and title agent on line.


We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Friday, November 8, 2019

Towns making money off of tax foreclosures?

DS News reports on a Michigan case where a property was foreclosed upon by the town for unpaid taxes, and then sold at a "profit."  A comment caught our eye, [our comments in brackets.]
A study from Quicken Loans revealed that as of 2018, 21% of Michigan homeowners were unaware their property was behind on property taxes, and another 61% of renters in tax-delinquent properties were unaware of the home’s tax status.  ["Unaware" sounds ludicrous to us.  Could a homeowner be that foolish?]
Here's the full story written by Seth Welborn.


Tax Foreclosures Under Scrutiny


The Michigan Supreme Court is being urged by Pacific Legal Foundation to halt a state law which allows counties to “profit” from the sale of foreclosed properties, after a home in Oakland County was sold for $24,500 after being foreclosed on for $8.41 in unpaid taxes.

“It is akin to stealing,” said Pacific Legal Foundation attorney Larry Salzman, in Bridge Magazine. “The government shouldn’t be taking more than is owed to them to cure the tax deficiency. I understand states are under [budget] pressure but government should not use citizens  as a bank teller or an ATM machine.”

According to Bridge Magazine, county tax foreclosure is a common practice in Michigan, and counties have foreclosed on over 177,000 properties in the state since 2012. Oakland County, the state’s second largest in population, foreclosed on over 5,500 properties between 2012 and 2017 according to state records, but 65% of county foreclosures took place in Wayne County (Detroit).

A study from Quicken Loans revealed that as of 2018, 21% of Michigan homeowners were unaware their property was behind on property taxes, and another 61% of renters in tax-delinquent properties were unaware of the home’s tax status. However, property tax foreclosures in Detroit are at a 14-year low. In 2018, 2,920 properties faced property tax foreclosure auction, down from 6,052 in 2017, and far below the peak of 15,000 in 2015.

“As Detroit comes back, we need to do everything we can to make sure those who stayed in our city through good times and bad are able to stay in their homes,” Mayor Mike Duggan told Quicken Loans. “We are seeing real progress in tax foreclosure reductions that impact all of our neighborhoods, and through programs like Neighbor to Neighbor, we will continue this important work in close partnership with the community.”

Although outreach programs have helped improve Detroit's tax foreclosure issues, the city still faces other foreclosure-related challenges. According to GOBankingRates and data from Zillow, 34.4% of homes are currently underwater, and the median home value at the Detroit-Warren-Dearborn metro-area level is $161,300, far below the national median of $226,300. GOBankingRates puts Detroit second on its list of U.S. cities most likely to enter a housing crisis.

Read the article on line.
**
Your comments are always welcome.

We are the New Jersey title insurance agent that does it all for you. 

For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!


For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Tuesday, November 5, 2019

A column not about title insurance.

Warning signs of identity theft.

Well, this sure isn't about title insurance but it's worth a look from our friends at ProtectMyID.  With identity theft on the rise, here are some tips that you might have been affected by identity theft.

1.Failing to receive bills or other mail
This could indicate that an identity thief has taken over your account and changed your billing address, says Siciliano. "Make sure to follow up with creditors if your bills don't arrive on time."
2.You're rejected for credit
"Being denied credit or being offered less favorable credit terms, like a high interest rate, for no apparent reason, is a sign your identity may have been compromised," Siciliano says.
3.You're getting bills for purchases you didn't make
If you start receiving bills or notices of overdue payments in regard to accounts you don't have, you have probably become a victim of identity theft, says Steven J.J. Weisman, a college professor who teaches white-collar crime at Bentley University and is the author of the book Identity Theft Alert. "In this case, you should contact the creditor and inform them that you have been a victim of identity theft and it is not your debt, and also file a police report. "While there is little chance of the criminal being caught. It helps prove that you have been a victim of this crime."
4.Your bank account, brokerage account, credit card account or other accounts have unauthorized transactions
"Again, look into the specific charges, file a police report and demand that the fraudulent activity be stopped and the institution reimburse you for any losses," Weisman says. "You should also be regularly monitoring your credit reports and all of your financial accounts to recognize fraud as soon as possible."
5.You receive a tax transcript in the mail that you didn't request
"Under this scenario, a fraudster logged on to the Internal Revenue Service website and tried to get your information and couldn't download it immediately because some security test failed," says Abby Eisenkraft, chief executive officer of Choice Tax Solutions, Inc. "Consequently, the IRS mailed it to you, instead, under the assumption you requested the document."
6.Your electronically led tax return is rejected
This a big sign your identity has been compromised, says Eisenkraft. "That's especially the case if your return is rejected and there are no typos and the Social Security number is correct. What likely happened is that an identity thief led a tax in your name, claiming a fraudulent refund."
7.You receive a tax refund you did not request
Here, you may get a check or pre-loaded debit card. "What happened is that an identity thief led a fraudulent return and will try to and the refund in your mailbox," says Eisenkraft.
8.Your employer lets you know you've got a data security problem
If a hacker has your Social Security number and the name of your current employer, they can try to collect unemployment benefits in your name. "In this case, if your company is on the ball you might hear from someone in human resources," states David Cox, an identity theft expert and CEO, and founder of LiquidVPN, in Cheyenne, Wyo. "Most hackers will check your social media to see if you just quit a job or just started a new job. With this information, they are much more likely to get away with it for quite a bit longer. Eventually, you will hear from your former employer or the unemployment agency."
9.You get two-factor authentication alerts
It's a problem when you get a text message sending you a six-digit pin to enter into a service or membership you don't recognize, says Ralph Rodriguez, an MIT Fellow, and chief technology officer at Conrm.io, a personal data security firm. "Maybe it's a new account," Rodriguez says. "Perhaps it's account recovery for your bank. The point is you don't know. And it's a very eerie feeling when it happens."
10.Your credit score is actually rising
Strange, but true, Rodriguez says — a rising credit score can mean trouble on the identity fraud front. "Check your credit reports frequently for accounts you didn't open and hard inquiries which could suggest fraudsters are trying to extend credit in your name," he advises.
11.You get small "test charges" on your credit card
Hackers often place a small charge for a couple of bucks on the card to see if it will go through before they initiate an attempt at a larger fraud later, says Ross Federgreen, CEO of CSR, a compliance solutions firm, and a data privacy expert. "If you have a small charge you don't recognize, don't ignore it," says Federgreen.
12.You get increased direct mail and phone solicitations for expensive items
The notices could be for cars, loans, and home improvement, and other big-ticket items," Federgreen says. "This could be the result of new high-ticket activity run on your account."

Read the full report at AAA.

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Monday, November 4, 2019

Farmland taxes in New Jersey

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help! 

New Jersey's Farmland Tax Assessment saves some people a lot of money.

Many NJ taxpayers are up in arms over the reduced taxes paid by some they consider wealthy or connected who happen to benefit from the reduction in real estate taxes when property is classified as farmland.

What's it all about?  NJMoneyhelp.com looks at the issue in this post:

Q. What is New Jersey’s classification for a “farm” for real estate tax purposes? For example, if I start keeping bees on my property, would that convert my property into a farm? I already have red oak trees on my property, and because red oaks produce acorns – which are edible – does my property constitute a “farm?”
— Wanna-be farmer

A. We’re guessing you asked that question after it was revealed that Kevin Corbett, the head of NJ Transit, paid only $19.42 in taxes for five acres of his Mendham Township property that’s assessed as farmland. He paid $20,609 in taxes in 2018 for the rest of the property, less than one acre, where his home stands.

That’s a big difference.

There are several requirements before your property can be assessed as a farm.

First, it must be at least five acres, said Neil Becourtney, a certified public accountant and tax partner with CohnReznick in Holmdel.

The second requirement is that the property must be actively devoted to agricultural or horticultural use for at least the two successive years immediately before the tax year for which farmland assessment is requested, he said.

“Land is considered to be in agricultural use when devoted to the production for sale of plants or animals useful to man – excluding dogs – or when the land qualifies under a federal soil conservation program that makes payments to the owner,” Becourtney said. “Land is in horticultural use when it is devoted to the production for sale of fruits, vegetables, nursery, floral, ornamental or greenhouse products, or when the land qualifies under a federal soil conservation program that makes payments to the owner.”

Land is actively devoted to agricultural use when the amount of the gross sales of agricultural products produced on such land, together with soil conservation program payments, and fees received for breeding, raising, or grazing livestock have averaged at least $1,000 per year during the two-year period immediately preceding the tax year at issue; or there is clear evidence of anticipated yearly gross sales, and the other sources noted, of at least $1,000 within a reasonable period, he said.

An application for farmland assessment must generally be filed on or before August 1 of the year before the tax year for which such farmland valuation is sought. The assessor can grant an extension of time, up to and including September 1, if it appears to the director’s satisfaction that the taxpayer’s failure to file the application form by the August 1 due date was due to the illness of the taxpayer or to the death of the taxpayer or a member of the taxpayer’s immediate family, he said.

“In your situation, assuming you meet the acreage test, you would need to reach the state’s sales threshold from selling acorns and honey that presumably the bees would be producing in order to obtain the reduced farmland assessment for your real estate taxes,” Becourtney said.

Read the post here.

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Thursday, October 31, 2019

Home buyers, can you wind up with a haunted house? Yes!

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

How to Avoid Unexpectedly Buying a Haunted House—Because It Could Happen to You

Per this article on Realtor.com:
Footsteps late at night. Music randomly playing. Lights flickering. Unexplained shadows. True-horror fans might get a thrill out of moving into a house with a haunted past, but others might see it as a nightmare.
It wouldn't surprise us to hear that notorious homes like the Manson murder house in Los Feliz or the "In Cold Blood" house have experienced some paranormal activity. The same goes for homes in towns with notoriously gruesome histories, like Salem, MA, where about two dozen people accused of witchcraft were executed or died in jail in the 1600s.
“Salem is one of the markets where I practice real estate, and you never know what's lurking behind closed doors,” says Dana Bull, real estate agent at Sagan Harborside Sotheby's International Realty in Marblehead, MA.
Whoa!  So there is such a thing as an haunted house after all.  Read the full story, https://www.realtor.com/advice/buy/unexpectedly-buy-haunted-house/

We can't insure your home won't be haunted by spooks, but we can be sure that you are protected from other matters that haunt home buyers!  Give us a call.

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Harrison, N.J.: The Next Hoboken?

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!


Easy commute to NYC from Harrison, NJ.

The New York Times asks, is: Harrison, N.J.: The Next Hoboken?

When our office was located in Jersey City-Harrison's neighbor to the east-I had occasion to drive through this town.  Once the home to heavy industry, the area near the PATH station has become a residential enclave.

The New York Times reports

Steve Defontes spent years living in West Orange, N.J., and commuting to work in Lower Manhattan before he decided, last year, that he was ready for a change. When his house sold faster than he expected, he was forced to make a quick decision about where to go, and his mind naturally went to the town he had been driving to each day to catch the PATH train: Harrison, N.J.
“I asked myself, ‘What can I do that will disrupt my life the least?’ And I thought of all those buildings that were going up around where I parked my car every day,” said Mr. Defontes, 45, the president of Big Idea Advertising.
In December, he moved into a one-bedroom, one-bathroom apartment in one of them, a luxury rental building a three-minute walk from the new PATH station, cutting his commute in half. And at $2,180 a month, he estimates his rent is about half of what he would pay in a similar amenity-filled building in New York City. The move was expedient, but the outcome turned out to be much better than Mr. Defontes anticipated.
So, a question for renters and home buyers who are watching their budget, does Harrison sound right for you?

Read the full report.


For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Thursday, October 10, 2019

Phishing and the title insurance industry

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

Phishing in connection with wire transfers is rampant in the title insurance industry.

Homeowners get bilked out of millions of dollars per year.

How does phishing work against the title insurance industry?  Here's a link to a blog post from the ALTA, the American Land Title Association:

Infographics: How Phishing Works


Phishing infographic_3

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Monday, October 7, 2019

It's not about title insurance, but about civil rights and the US military

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

How New Jersey Helped Desegregate the US Military

Unlike most civil rights struggles, these events did not occur in the South, the Supreme Court, or the White House. Instead, this story begins in the armories of the New Jersey Army National Guard.

This story is not about title insurance, but about an aspect of American history we were not aware of, the efforts to desegregate the US Army following World War II.  

Written by Patrick McKnight From Law.com, the New Jersey Law Journal:

On July 26, 1948, President Truman issued Executive Order 9981. This action abolished discrimination “on the basis of race, color, religion or national origin” in the United States Armed Forces. This decision eventually resulted in the desegregation of the entire US military. Historians praise Truman for his foresight but generally overlook the role New Jersey played in driving this historic accomplishment.
Executive Order 9981 reads:
It is hereby declared to be the policy of the President that there shall be equality of treatment and opportunity for all persons in the armed services without regard to race, color, religion or national origin. This policy shall be put into effect as rapidly as possible, having due regard to the time required to effectuate any necessary changes without impairing efficiency or morale.

African Americans, Hispanic Americans, Native Americans, and Asian Americans made incredible contributions to the United States military prior to 1948. The general public is becoming increasingly aware of these achievements through popular films such as “The Tuskegee Airmen.” Likewise, Americans are becoming familiar with the history of the Navajo Code Talkers, the Nisei 442nd Regimental Combat Team, and the 65th Infantry “Borinqueneers.” Regardless of one’s views about America’s foreign policy, the United States Military is an organization where people of any background can expect to be judged based on individual merit.

Modern scholarship has celebrated the role of President Truman’s “stroke of the pen” executive order. This is sometimes contrasted with the more gradual pace of legislative and judicial action. Other scholars have correctly identified the important role of civil rights groups led by A. Philip Randolph such as the League for Non-Violent Civil Disobedience Against Military Segregation.

This scholarship is significant, but it is also far from complete. Remarkably, most historians ignore the full story surrounding the events leading up to Executive Order 9981. This forgotten historical drama illustrates how States can use federalism to fight federally-mandated racism. Unlike most civil rights struggles, these events did not occur in the South, the Supreme Court, or the White House. Instead, this story begins in the armories of the New Jersey Army National Guard.In 1947 New Jersey approved a new Constitution which included the following language:

No qualified person shall be denied any civil or military right, nor be discriminated against in exercise of any civil or military right, nor be segregated in the militia or in the public schools because of religious principles, race, color, ancestry or national origin.

The federal National Guard Bureau had recently organized a new unit in New Jersey, the 372nd Anti-Aircraft Artillery group, entirely of black soldiers. Clearly, this new unit was illegal under the New Jersey Constitution. The New Jersey Military Affairs Committee, New Jersey Governor Alfred E. Driscoll, as well as the commanding and adjutant generals of the New Jersey National Guard all pushed back against this federally-mandated segregation. On Oct. 24, 1947, Gov. Driscoll announced this new unit would not be composed on the basis of race and that any segregated armories would be integrated effective immediately.

On Dec. 3, 1947, Driscoll declared, “All of our citizens must be given the opportunity to enlist in the New Jersey units of the National Guard and participate in any of its activities for which each individual is considered qualified.”

This was in direct violation of the official War Department policy of the time that “negro manpower will be employed in negro regiments or groups, battalions or squadrons, troops or batteries.”

To read the remainder of the article, please go here.

The author, Patrick McKnight, is a law clerk at Wilson Elser Moskowitz Edelman & Dicker in Philadelphia. He is in his final year of the JD/MBA program at Rutgers.

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Monday, September 23, 2019

Pay off the mortgage before retirement?

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

Question posed by a homeowner nearing retirement: 

Should we pay off our mortgage early if we can afford it?


The answer, from NJMoneyHelp.com is not simple. There are some pros and several cons about it.
Q. I am 60 and my wife 56. We plan to move in four or five years. At that time, I will retire and our adjusted gross income will drop by 60 percent. We plan to buy a home without a mortgage. We currently earn $200,000, and our 15-year mortgage is about $250,000 with a 2.99 percent rate. We paid $7,000 in interest last year. The mortgage would be paid off in 2030. Based on an accelerated payment of $1,000 per month, we’d have the mortgage paid off in 2025 with an interest savings of $30,000. In all, we’d pay $60000 more to save $30,000 in interest. Is it worth it? — Almost retired

A. Paying off a mortgage isn’t always a slam dunk.
It might seem to provide peace of mind and be a no-brainer if you can afford it, but there’s more to consider, said Ken Van Leeuwen, a certified financial planner with Van Leeuwen & Company in Princeton.
Pre-paying the mortgage would eliminate five years of tax deductions of mortgage interest, he said.
The tax deductions could be helpful for offsetting some income tax burden if you take money from your 401(k) and other qualified retirement accounts when you retire.
You should also consider any additional debt that you are currently carrying.
“With an interest rate of 2.99 percent, you may want to consider paying down other debts that have less favorable rates such as credit cards,” he said.
And as you get closer to retirement, if you aren’t already, you should consider maxing out your retirement accounts to take full advantage of any employer matching contributions and additional tax deductions, he said.
In looking at the purchase of your new home, for some clients, Van Leeuwen said, he has recommended taking a partial mortgage because it presents some advantages.
“Assuming you can afford the mortgage payments out of retirement cash flow, taking a partial mortgage allows you to fund the purchase of your home at a relatively low interest rate,” he said. “In doing so, you free up additional capital which can be used in a more beneficial way.”
He said putting a large amount of capital into a new home, potentially limits opportunities for future growth because you are tying up a large portion of funds into a “non-working asset.”
“Instead of using the sales proceeds from your current home to fund the purchase of your new home, consider investing these funds,” he said. “While it is certainly not guaranteed, we have seen that historically, over long periods time investments in a diversified portfolio can provide growth that outpaces mortgage interest while still allowing you to deduct your mortgage interest.”
Email your questions to Ask@NJMoneyHelp.com.
This story was originally published on Sept. 18, 2019.
We can't advise you on matters such as tax planning for retirement, but we sure can give advice when it comes to your home purchase and mortgage refinance.  Give us a call! 

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Wednesday, September 18, 2019

Why do you need title insurance? A video for homebuyers

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

Homebuyers need title insurance

Here's why

A short video courtesy of the American Land Title Association of which Vested Land Services LLC is a proud member.



So there you have it.  Do not buy a home without title insurance.  It's a one-time purchase of a product that lasts for as long as you own your home.

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Tuesday, September 10, 2019

Restrictive covenants are enforceable

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

Restrictive covenants and your title insurance policy.

A recent case in US District Court of New Jersey was all about a restrictive covenant that prohibited certain types of use of the property.

Now, restrictive covenants come in all shapes and sizes.  A covenant may prohibit using a parcel of property to raise pigs, or sell liquor, or manufacture vitriol (we now call it sulfuric acid.)  More heinous restrictive covenants forbade the sale of the land to Italians, Jews and African-Americans.  Those are now deemed unenforceable by the courts, but they are still in the land records.

Now comes, Cherry Hill Towne Ctr. Partners, LLC v. GS Park Racing, L.P., D.N.J. (Bumb, U.S.D.J.) (20 pp.) 

Plaintiff filed an action seeking a declaration that a restrictive covenant encumbering plaintiff's property was unenforceable; in response, defendant moved for a preliminary injunction to enjoin plaintiff from opening a sports wagering business on its property. 

Following the legalization of sports wagering in New Jersey, plaintiff sought to apply for a sports wagering license. However, plaintiff's property was subject to a restrictive covenant in favor of defendant that prohibited wagering activities, gambling, and gaming of any sort on the property by any party other than defendant and its successors and assigns. 

When defendant notified plaintiff of the restrictive covenant, plaintiff responded by filing the present action; defendant then filed its cross-motion for preliminary injunction. 

The court first ruled that the case was ripe for review despite plaintiff having not yet applied for a sports wagering license, since plaintiff asserted that a declaratory judgment would aid it in deciding whether to undertake the time and expense of an application, thereby giving a judgment practical utility. 

The court denied defendant's motion for a preliminary injunction. The court first ruled that defendant had demonstrated a likelihood of success on the merits. The court ruled that defendant would likely prevail on its argument that the restrictive covenant on plaintiff's property was enforceable, finding the language of the covenant unambiguous and supported by consideration. 

The court further ruled that the covenant was reasonably restrictive in its scope and did not impose an unreasonable restraint on trade. However, the court ruled that defendant was not entitled to injunctive relief because it had not demonstrated that it would suffer from immediate irreparable harm in the absence of a preliminary injunction, since plaintiff conceded that it would not be opening a sports wagering facility on the property anytime in the immediate future. [Filed Sept. 4, 2019]

Here we are.  An ancient method of privately regulating one's use of his property is still valid!  What does it mean for you?

When you buy property, your attorney will order a title commitment. The title agent will then search the title to determine if there are any liens or encumbrances affecting the title or the proposed use.  That's what we do!  

If a restrctive covenant is found, your attorney will advise you whether it is enforceable or if affects your use of the property in any other way.


For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Tuesday, August 20, 2019

Homebuyers can cut closing costs

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!


How Homebuyers Can Cut Closing Costs

Per MSN Money - 
You hear a lot about the down payment required to buy a home, but closing costs are also a significant consideration. You can’t eliminate all or even most of these costs, but there are steps you can take to reduce them.
There are some closing costs that can be negotiated and others that can't.  For instance, fees for title insurance in New Jersey are heavily regulated.  But you'll still find bad apples in the barrel (one of which is now involved in a massive class action) who overcharge.

So, the lesson to be learned is to ask what things cost!

Read the full article.



For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Thursday, August 15, 2019

Home buyer gets back his deposit

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!


What's a home buyer to do when the real estate purchase contract says one thing and the seller says it doesn't?

Some contracts for the purchase of real estate allow the buyer to cancel the purchase due to various contingencies.  The best known is the "mortgage contingency" where, if you don't get a mortgage within a certain  time frame, you, and sometimes the seller, can cancel the contract.

A recent court case involved a more difficult contingency - one where the buyer can cancel if she doesn't sell her present home.

For many attorneys representing sellers, this is a no-no.  But not in RIVERMOUNT DEVELOPMENT LLC VS. LIVINGSTON, et al, where the contract contained such a clause. When the buyer acted upon it, the proverbial stuff hit the fan.

In the end, the buyer won, but I can't imagine the costs to the buyer and its attorney financially and emotionally.


For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Tuesday, August 13, 2019

Foreclosures and the greedy speculator

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

Foreclosure grab blows up in face of investor

New Jersey's foreclosure market is hot.  Not in a good way.  There are still many homeowners who cannot maintain their mortgage payments.  The result is a foreclosure action and loss of home.

This case, Wells v. Walker, involved a speculator who knew more than he let on.  He convinced the foreclosed owner to deed the property to him knowing there was a lot of money to be obtained through surplus money proceedings.

The investor loses.

The moral, in the marketplace the bears sometime eat, sometimes it's the bulls. But the pigs, they get nothing.
 
For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Monday, August 12, 2019

Natural gas and the homeowner. What's the alternative? Geothermal

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!


Geothermal heating for the homeowner.

The New York Times' Real Estate section reports on New York's ban on natural gas hookups.  This is a far cry from the days when natural gas utility companies were wooing oil-heating customers with slogans. such as,  "clean, dependable gas."  If you can't heat with gas, what are you to do?

How about geothermal energy?  What is it?  Per the Times, 

"Geothermal energy systems use a network of underground pipes, commonly referred to as ground loops, which circulate water and propylene glycol, a type of nontoxic alcohol, all year. During the winter, the ground loops absorb the heat from the earth, which stays steady at about 50 degrees Fahrenheit. The heated liquid circulating in the loop is pushed into a pump system inside the house that then produces warm air. In the summer, the pump sucks out the warm air in the home and pushes it back into the cooler ground."
Having said all of that, NY's recently enacted ban on new natural gas hook-ups may direct more homeowners towards the geothermal source.  After all, it doesn't disturb the environment, does it?

Real the full story, Converting to Geothermal Energy.

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Looking at Title Insurance - What is it, what does it do, Part I

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

Title Insurance 101. A primer.

What is Title Insurance?

A title is the evidence or right in which a person has the ownership and possession of land. A defect in that title can be any legal right held by someone other than the owner to claim that property or to make demands on the owner of that property.
Title Insurance is protection offered to the owner of real estate and the mortgage or home loan lender against defects in the title of the real estate that is insured. The owner's title insurance policy guarantees the owner against loss due to defects in the title pursuant to the terms of the policy. Your investment in real estate, whether residential or commercial, is quite possibly the most important, and expensive, investment you'll ever make. An owner title insurance policy protects that investment. Your owner title insurance policy remains in effect for as long as you or your heirs retain an interest in the property or have obligations under a conveyed warranty.
Next up -  What is a "title defect?"  Stay tuned!


For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Monday, July 29, 2019

New Jersey Senior Freeze program helps with your tax bill.

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!


From New Jersey Money Help-

A question about NJ's Senior Freeze Program

Q. Has the property tax freeze been increased to incomes of $90,000?— Senior

A. You’re talking about the Senior Freeze program.
According to the website of the New Jersey Department of Treasury, Division of Taxation: “The Senior Freeze Program reimburses eligible senior citizens and disabled persons for property tax or mobile home park site fee increases on their principal residence. To qualify, you must meet ALL the eligibility requirements for each year from the base year (the year in which you became eligible for the senior freeze) through the application year (the current application year is 2018).”
These eligibility requirements are based on age/disability, residency, home ownership, property taxes payment history and income limits.
In this year’s budget, funding for the Senior Freeze program is increasing by $18 million in fiscal year 2020 for a total of $219.7 million, Taxation said.
The increase was because the budget removed language that capped income eligibility at $70,000, raising it back to $89,013, which will allow more people to apply, Taxation said.
Keep in mind that if your status is as a married/civil union couple and you lived in the same household, you must combine your incomes for the year and be below the income limits, said Deva Panambur, a certified financial planner with Sarsi, LLC in West New York. and adjunct professor of personal finance at Montclair State University.
The Division of Taxation has an online questionnaire to help you check your eligibility.
Email your questions to Ask@NJMoneyHelp.com.
This story was originally published on July 23, 2019.
For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland
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Wednesday, July 24, 2019

New Jersey residents get answers about #incometax refunds

We are the New Jersey title insurance agent that does it all for you. For your next commercial real estate transaction, house purchase, mortgage refinance, reverse mortgage, or home equity loan, contact us, Vested Land Services LLC. We can help!

New Jersey's Division of Taxation has been creating FAQs for curious taxpayers.  And I'm not embarrassed to say we refer to them frequently in our #titleinsurance business.

A FAQ was just distributed under the heading Your Tax Refund: What You Need to Know and answers several questions. You can read the full FAQ here.

Let us know what you think.

For your real estate purchase or mortgage refinance or
if you have questions about what you see here, contact
Stephen M. Flatow, Esq.
Vested Land Services LLC
165 Passaic Avenue, Suite 101
Fairfield, NJ 07004
Tel 973-808-6130 - Fax 973-227-0645
E-mail sflatow@vested.com
@vestedland

#NewJersey
#incometax
#titleagent
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