Short Sale vs Foreclosure: The Facts

When trying to decide between a short sale and foreclosure, sometimes it’s easier for homeowners to just throw in the towel and let the agent do the work. It is important to seek legal advice from a professional before making a decision, but allowing the bank to have complete control may not be the wisest decision. By becoming more informed about short sale vs. foreclosure, you will be able to make a more confident and educated decision regarding your home.

Process of Foreclosure

A foreclosure occurs when a lender takes ownership of the property and removes the borrower. This occurs when the borrower cannot make the mortgage payments on a consistent basis. Foreclosures can be done through a real estate agent or sold at an auction. The lender can then sell the foreclosed property and collect and recover the unpaid mortgage balance.

This process begins when the lender doesn’t make the mortgage payment for three to six months. The lender will notify the borrower of foreclosure and the reinstatement period, which allows the borrower time to resolve any disputes. The mortgage balance then needs to be paid off within three months, and if not, a notice of sale will be given to the homeowner.

Process of Short Sale

A short sale can be used as an alternative to a foreclosure because it bypasses the extra costs and fees for both parties involved, but it does require a large amount of paperwork. A short sale occurs when the homeowner cannot make mortgage payments and owes more than the current market value of the property. Lenders are often hesitant to accept short sale offers because the proceeds from selling the house often equate to less than the mortgage payment, which is known as a deficiency. Homeowners may still be obligated to pay these deficiencies even after a short sale agreement. The homeowner will put the house on the market and if he or she receives an offer, the bank also needs to approve it. The short sale process can take three to six months to closer. If a homeowner is experiencing hardship such as divorce, unemployment, family death, or job relocation, banks will be more likely to approve a short sale.

Effects on Credit Rating

Unfortunately, foreclosures can cause the borrower’s credit rating to decrease by 200 to 400 points and will remain on the report for seven years. On the other hand, short sale usually only causes a credit rating to fall 50 to 130 points and a credit report will state that the short sale was “settled,” “paid as agreed,” or “paid in less than full.”

Future Homeownership

After a home foreclosure, an individual can buy a house in five years with some restrictions, or in seven years with no restrictions. After a short sale, an individual may be able to buy a home immediately and the lender will not require the loan to be paid back.

Purchasing a Foreclosed or Short Sale Home

Typically, short sales home are better to buy than a foreclosed home because the property has been inhabited. The house and utilities have been maintained, but short sales can take a large amount of time to close. On the other hand, buying a foreclosed house is usually quicker and they are sold at lower prices.

For more info, whether you’re thinking about selling or buying a short sale/foreclosure, visit: https://www.veitengruberlaw.com/Real-Estate-Transactions/

              

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How to Sell Your Home Before Your Lender Forecloses

nj bankruptcy attorney

Many times here on our bankruptcy blog, we describe situations where homeowners want to save their homes. Filing for bankruptcy sets the Automatic Stay into motion, which in turn prevents a home from being foreclosed upon. The length of the bankruptcy case and the anticipated outcome of a discharge of debts allows those homeowners (who desire it) the ability to adjust their debt-to-income ratio enough to keep their home via reaffirmation.

However, sometimes, a financially distressed homeowner doesn’t want to save their home. They may wish to downsize or move into a more affordable geographical location. Foreclosure, then, is not their ideal outcome, because they’ll end up with no money from the sale of the home, their credit scores will drop, and they could end up owing a deficiency judgment.

In these situations, selling the home is the desired outcome.

What’s the problem, then? Just sell the house and get on with things, right? The dilemma arises when homeowners have fallen behind on their mortgage payments and their lender is threatening to foreclose before they have a chance to get the house listed on the market.

If you do not want to keep your current house, but you’re simply short on time due to the immediate threat of foreclosure and sheriff’s sale, you’re in luck. You came to the right place, because we can help gain you enough time to get your property sold to a proper buyer rather than through a foreclosure bidding auction.

Why not just let your home go to foreclosure sale? A sale’s a sale, right?

Actually, no. Very, very much NO. However, many homeowners who’ve found themselves face-to-face with a foreclosure don’t realize they can take action toward an end goal of selling their home even when the home is actively being foreclosed upon. That’s right – this is possible even if you’re behind on your mortgage payments – or not making them at all.

Homes that sell via foreclosure auction or “sheriff’s sale” (find out why it’s called that here) almost always sell for significantly less than their real time market value. That is the #1 reason that you should consider trying to list your home for sale before sheriff’s sale.

For those homeowners who know they cannot continue living and maintaining their current lifestyle (i.e. high mortgage payments and property taxes), the last thing needed is the possibility of a deficiency judgement.

A deficiency judgement isn’t the only reason to avoid foreclosure.

By beating your lender to the punch and selling your home before they have a chance to pull the rug out from under you, you gain the opportunity for a substantially higher sale price. This will guarantee that all of your missed payments, late fees and interest is paid back to your lender, causing a domino effect of good results:

  1. Your foreclosure will be dismissed.
  2. You may end up with some equity in your pocket.
  3. Other dischargeable debts can be eliminated or greatly reduced.

Filing for bankruptcy in New Jersey should be viewed as a valuable tool that can be used to right a financial situation gone awry. The key to getting all of your ducks in a row, however, is working with the right NJ bankruptcy attorney. Timing is everything; don’t delay making a move on what can potentially turn into a disaster. Take action now, and you can walk right into a story with a happy ending.

 

What Everyone Should Know About Chapter 13 and SSDI Benefits

Many times, individuals whose only income is Social Security Disability Insurance benefits (SSDI) have difficulty keeping up with paying creditors and debts and may have to file for Chapter 13 bankruptcy. There can be a deep internal struggle with choosing this path due to the fear of losing their SSDI benefits.

The Social Security Act provides protection to Americans who become disabled and have worked long enough and paid Social Security taxes. Disability benefits are available to those (previously and currently) employed workers and their survivors who have paid into the system and can no longer work. These benefits, although helpful, equate to only a portion of what a working individual previously earned.

If an individual receives approval to collect disability benefits, the amount of the benefit is not determined by the severity of the disability or their earnings when they were employed. The Social Security Administration calculates the amount of Social Security taxes an individual has paid on their income over the many years they’ve worked and averages them. A formula is applied to this average using percentages called “bend points.” As a result, any person’s benefit payment will only amount to a percentage of what their earnings were while working. Payment benefits paid to individuals and/or their survivors through SSDI payment ranged from $700-$1,700 per month in 2017.

In almost all cases, this protection will not be overruled by bankruptcy. The most common protection for these benefits, by statutory definition, is that Social Security income is excluded as income being available to repay creditors. In other words, these benefits are not calculated as disposable income or financial assets to determine payment amounts used to pay back unsecured creditors.

42 U.S.C. 407 (Section 207 of the Social Security Act) provides protection in the form of a broad federal non-bankruptcy exemption. The statute provides that “none of the monies paid or payable or rights existing under this subchapter [of the Social Security Act] shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of bankruptcy or insolvency law.” Other federal laws allot exceptions to this protection outside of bankruptcy for established child support or alimony obligations, federal taxes or other obligations to the federal government. Most times, even debtors that have these responsibilities will still have protection of their benefits in bankruptcy. However, other bankruptcy laws, such as priority creditor laws, may require these responsibilities be paid from another income source.

To reiterate, in several instances, Congress has clearly stated that Social Security benefits should not be included in determining financial assets that are used to compensate creditors in a bankruptcy case. Additionally, the Social Security Administration has said it will not honor court orders to turn over an individual’s Social Security benefits to a bankruptcy trustee.

The Social Security Administration has very strict guidelines on what their benefits can be used for as they were created to assist disabled individuals with basic needs such as food, clothing and shelter. Because of this, you should keep your SSDI benefits in a separate checking or savings account and keep accurate records of income and expenses, so they are traceable. Commingling of your household income and your Social Security Disability benefits may cause confusion and complications. Keeping these monies separate will help you avoid losing protection of those benefits.

Still have unanswered questions or have a unique case not addressed here? Please schedule a free consultation with Veitengruber Law in Bordentown or Wall, NJ to learn how you can continue to receive your income from disability payments while filing for bankruptcy.

Image: “Surprise” by Tobias Scheck – licensed under CC 2.0

What Everyone Should Know About Black Friday (and Cyber Monday)

black friday tips

Since its inception well over half a decade ago, the day after Thanksgiving has morphed into a spectacular affair for retailers across the country. As the unofficial start to the December holiday season, “Black Friday” sees merchants everywhere offering irresistible deals on desirable, giftable items in an attempt to attract as many customers as possible.

Store owners rely on big sale numbers on Black Friday because literal millions of shoppers brave the crowds that day, ready and eager to make purchases. The Thanksgiving four-day weekend also kicks off the biggest shopping season of the year. Last year, consumers shelled out a staggering $655 billion between Thanksgiving and the end of the calendar year!

With these mind-blowing statistics in mind, what will you be doing on Black Friday this year? If you have plans to shop in store(s), keeping the following things in mind as you do so will ensure that you get the biggest bang for your buck.

Plan ahead

Scour all of the advertisements that interest you and make a list of stores you want to visit, and in what order. A great way to get the most up-to-date special offers is to follow your favorite retailers on social media.

Do ample research

In tandem with planning ahead, be sure to research store hours, specific sale “start times,” and what part of the store your desired item(s) are located.

Limit purchases to “doorbusters”

Don’t get sucked in by other, much smaller sales while you’re out shopping. Stay focused on the deals that will save you the most money, and avoided the temptation to toss impulse buys into your cart.

Be aware of stores that price match

If you plan on visiting a retailer that offers price matching, be sure to bring along the advertisements from their competitor(s) that are relevant.

If shopping with credit, use a card that offers rewards

Racking up a ton of debt that you won’t be able to repay after the holidays is definitely not advised. However, if you have the cash to be able to pay off your credit card bill in full in the new year, be sure that you’re being rewarded for using credit. Use a card that offers cash back to make your Black Friday deals that much sweeter.

Keep all receipts

While it goes without saying, keeping receipts for all of your holiday spending is important for two reasons. First: you’re going to be gifting many (if not all) of the items you purchase on Black Friday – so be sure to ask for gift receipts where appropriate. Second: if you need to make a return for any reason, it’s always easier with a receipt. Since you’re doing more shopping than usual, keep all holiday receipts in a designated location.

When Black Friday ends, remember – that doesn’t mean the deals have to end. Most retailers are offering “Black Friday” deals that run all weekend long – and some last even longer. Cyber Monday will see another spike in awesome price drops online. In fact, many deals that are offered on Black Friday in stores will also be available online, too.

If you’re solely shopping online this year, be sure that you only shop on secure websites with the https prefix. Do not enter your credit card information on any site that isn’t secure or that feels sketchy in any way.

 

 

Hosting Thanksgiving Dinner on a Tight Budget

While everyone around you is hyped about the upcoming holiday(s), you feel an uneasy sense of dread anytime you so much as think about how much money the months of November and December are going to cost you. Living on a tight budget is particularly challenging when holiday festivities are in full gear, and you want desperately to join in on the fun.

While Thanksgiving isn’t quite as costly as the gift-laden holidays coming up in a month or so, there are without a doubt some hefty expenses that go into planning a family feast. If you’re on deck to host this year, your head is probably swimming with dollar signs and question marks.

Your best option here would have been to preemptively (and gracefully) bow out of hosting Thanksgiving dinner at your house. Most families would be understanding of your money struggles, and in general, there’s always someone eager to take on the task. With that being said, Thanksgiving is almost here, so if you’ve already committed to making the big meal happen in your kitchen, take the following tips to avoid spending more than you can afford.

Create a Thanksgiving budget

Take stock of what is most important to you and your loved ones on this holiday. Is it more important to be together and share quality time with those you may not see very often? If so, the food may be less of a focal point (and therefore less of an expense.)

On the other hand, if your guest list includes people who you see on the regular, maybe you’d all like to get creative this year and start some new traditions.

Once you’ve determined what is your main focus for the day, you’ll be better equipped to determine how much money you’ll need to make it a reality.

Become an even savvier shopper

Some grocery store chains offer a free turkey, ham or game hen when you spend a certain dollar amount there during the months preceding Thanksgiving. This is an easy, and somewhat obvious way to cut a nice chunk of money from your budget.

If you aren’t able to get your main dish free – consider going meatless. Meat is very expensive, and there are plenty of vegetarian options that are quite delicious. Even if you aren’t strictly vegetarian, it can be an adventure to try something new, while saving money at the same time.

Stock up on all of your sides and necessary ingredients over several months prior to the big feast. Only buy items that are on sale – this is why starting early is important. BONUS: If you hit some spectacular sales, buy two of everything non-perishable on your ingredient list (less expensive items like canned vegetables, bread crumbs, gravy, brown sugar, etc) and donate the extra items to a local food pantry or shelter.

Consider making your Thanksgiving a BYOD meal

Bring Your Own Dish meals, or potluck-style gatherings, can actually be really successful and fun. Not only does it take the financial pressure and performance anxiety off the table for the hosts, but it can also be an adventure for your taste buds.

Give everyone ownership of the meal by asking them what they’d like to contribute. What dish is their “specialty?” As the host, you can be in charge of several dishes as well, and you can all come together to taste test what everyone brings to share!

Can I Accept a Cash Gift While in Chapter 13?

chapter 13 bankruptcy

Filing for a chapter 13 bankruptcy in New Jersey means you’re taking steps to right your financial situation, which may have gotten off-kilter. Some of your debts will be reduced or eliminated through the bankruptcy process, and your remaining debts will be reorganized in such a way that makes them manageable.

After your chapter 13 case has ended, you and your bankruptcy attorney will agree to a repayment plan that is typically laid out over a 3-5 year period, making your monthly payments much lower. Once you’ve been granted a chapter 13 reorganization, you are generally not permitted to take on any new debts until you’ve successfully paid off your existing debts.

Incurring a new debt after filing for chapter 13 bankruptcy is only allowed if you get specific court permission, and this will be granted in very select circumstances only. So, if you’re contemplating buying a new car or making another relatively large purchase, be aware that court approval is needed first. If you fail to get court approval before taking on more debt during your bankruptcy repayment period, your case can be dismissed.

I need a working car; what are my options while in bankruptcy?

With all of that being said – you’ve found yourself in a pickle. While you’re exceedingly grateful for the opportunity of a chapter 13, you may now discover that your vehicle has “died,” and the best financial choice is to replace it rather than to continue making expensive repairs. This is a valid example of when you could petition the court to be able to take on an auto loan, but BE CAREFUL.

Before doing so, pour through all of your financials with a fine toothed comb. You must be absolutely certain that you will be able to make the new loan payments in addition to your debt repayment plan as laid out in your chapter 13 case.

Another question that many debtors have involves receiving a cash gift after filing for chapter 13. Let’s say that your mother, who knows your family needs a working vehicle so that you can get to work and earn money, wants to help you out by gifting you some or all of the money needed to buy that vehicle.

Can I accept cash gifts while in bankruptcy?

Yes, in short. But, before you accept any money from anyone, you are required to report it to your bankruptcy trustee. Any incoming money, above and beyond your paycheck, whether via gift or other windfall (inheritance, etc), is considered to be additional income in the eyes of the bankruptcy court.

Unless you receive only a very nominal gift (for example, $50 in a birthday card), it is of the utmost importance that you report any and all cash gifts while you are working on paying off a chapter 13 bankruptcy.

If your question has not been answered in full here, please contact your NJ bankruptcy attorney, who is best equipped to answer specific questions about your unique case details.

Equifax Data Breach 2017: Were You Affected?

equifax breach

Unless you have zero credit history and no report exists on file for you with any of the credit reporting bureaus, you may have been affected by a recent security breach at Equifax.

Up to 150 million people (in the US alone) had their private, personal, identifying information exposed and potentially misused. This breach in security occurred only with Equifax. Neither of the other two credit reporting agencies, Trans Union or Experian, were affected.

What happened during the Equifax breach?

Between the months of May-July 2017, hackers were able to bypass some of the cyber-security that was in place at that time at Equifax. They gained access to millions of pieces of personal information, including:

  • Full names and aliases
  • Dates of birth
  • Social Security numbers
  • Current and past addresses
  • Driver’s license numbers
  • Credit card information

Even if you haven’t noticed any strange charges popping up on any of your credit cards, it’s important that you take action if you haven’t already done so. If any of your identifying information was accessed, the first step to righting the wrong is knowledge.

How can I find out if my information was accessed?

Although the general public opinion of Equifax dropped as soon as news of the security breach hit the airwaves, they deserve kudos for initiating a plan of action for those who may have been affected. They created a program called TrustedID Premier that gives consumers one year of free credit monitoring.

Visit http://www.equifaxsecurity2017.com. There, you’ll be able to read details about the security breach; you’ll also be able to enroll in the credit protection and monitoring program.

With two clicks, you’ll learn if your personal information was accessed, or “potentially impacted.” From there, you should move forward and initiate your enrollment in the credit monitoring program. Again, you’ll be given an easy prompt to “Enroll Now,” after you’ve determined if your information may have been affected.

How can I feel safe with a company that experienced such a substantial breach?

While you do have to give your name, address and part of your social security number in order to verify your identity, you can feel secure as long as you are using a secure computer as well as an encrypted network.

Is there anything else I can do to protect my personal information?

Aside from enrolling in the TrustedID Premier program, you should carefully read through your credit reports in their entirety. Go beyond checking your Equifax report; order a free copy of your credit report from each of the three reporting agencies. You can request all three reports at one convenient site: http://www.annualcreditreport.com.

Other potential steps to protecting your private and sensitive data include:

  • Freezing your credit
  • Placing a fraud alert on your credit 
  • Preventing tax identity theft – A lesser known form of identity theft, tax identity theft, can occur if your social security number was stolen. File your 2017 taxes as soon as possible so that no one else can fraudulently claim your tax refund.
  • Continue to carefully monitor all of your bank accounts and credit cards and be on the lookout for any suspicious charges.

If your personal information was accessed and you discover false information on your credit report or unrecognized charges on a credit card, contact a NJ credit repair attorney immediately to protect your financial reputation from incurring any further damage.

 

Image: “Broken Lock” by Chad Cooper – licensed under CC 2.0

Have You been the Victim of Predatory Lending?

nj real estate attorney

Predatory lending is precisely what it sounds like. While there are many lenders in the US who have all of their scruples, it’s important to know that unscrupulous lenders do exist. If you think you were granted a loan you didn’t truly qualify for, or a loan you can’t possibly make the payments on, you may be a victim of predatory lending.

In general, predatory lenders target groups of people based on their lack of understanding about loans and/or their inability to actually repay the loan. Some groups that are targeted include: the poor, the less educated, the elderly, and those who are in need of immediate cash.

Loans given to those who fall into the above groups benefit the lender and can seriously damage the borrower’s credit score and overall finances. Because of this, it is important that you have a clear understanding of any loan you are signing for. If you don’t understand some or all of the loan language, DO NOT SIGN.

As a potential borrower, you have the power to tell a lender that you’d like to wait to make an informed decision before signing. You should then walk out and go directly to an experienced NJ attorney who regularly works with lenders. This may be a debt negotiation attorney, or one that specializes in real estate transactions.

Your New Jersey real estate attorney will have the experience needed to advise you on the loan you are considering. He will also be able to tell you if you are being taken advantage of by a dishonest lender.

Specifically, mortgage lenders have been found to practice predatory lending in recent years. Unscrupulous lenders may target potential borrowers who currently have substantial equity in their home. This is because mortgage lenders will benefit from a loan backed by a borrower’s real property and even a foreclosure. Naturally, not all mortgage lenders are bad! In fact, most lenders are on the up and up.

However, if you get a bad feeling while you are discussing your loan options with a lender, it’s in your best interest to leave their office before signing anything, and take copies with you. When you meet with your NJ real estate attorney, he will be able to read through the proposed loan contract in order to inform you of your best next move.

Don’t risk getting yourself in over your head on a loan that you ultimately will default on. Know all of the facts about the loan by working with a professional who can guide you toward honest and helpful lenders in New Jersey.

Fear of Filing: What’s Keeping You from Bankruptcy Relief?

Without a doubt, money incites emotion.

What emotion depends on the specifics of your financial situation. Suddenly getting a substantial raise at work gives a feeling of success and relief. Coming into an unexpected windfall of money can evoke a sense of thrill and excitement. Steadily watching the number in your bank account dwindle inevitably leads to anxiety, stress, and panic.

Realizing your debt is higher than you can handle can provoke a fear that feels like you’re drowning. Learning that you have solid options to get out of debt when you thought it was an impossibility should instill a solid sense of comfort. Unfortunately, the thought of filing for bankruptcy comes with its own set of complex and confusing emotions.

Even though you may know and logically understand how the New Jersey bankruptcy process can eradicate a large percentage of your debts, you may hesitate to take the necessary steps to file. You’re not alone. In general, those who know they need to file for bankruptcy but are afraid to do so, are afraid of one (or more) of the following:

Ridicule/social embarrassment

Yes, it is more socially acceptable today to file for bankruptcy, but this fear isn’t unfounded. You may have some naysayers and Negative Nanceys if you file for bankruptcy. While they may tsk tsk behind your back, what’s most important is getting your financial life back on track. What will the naysayers have to cluck about when all of your bills are current and you’re able to rise above your strife? Keep your eye on the prize, and kick any and all negativity to the curb.

Job loss/difficulty finding future employment

In order to assuage this particular fear, it’s always a good idea to discuss a potential bankruptcy with your current employer before filing. An informed boss is much better than one who finds himself “hoodwinked.” As long as your higher-ups and HR department give you the green light, you’ve got nothing to fret about.

As for future employment, as long as you keep your nose to the grindstone and make the most of filing for bankruptcy, chances are good that a potential future employer will look at your overall financial picture rather than zero in on just one incident. Bankruptcy discharge is your opportunity to get a strong foothold where your finances are concerned. By using bankruptcy as a tool, you can get out of (and stay out of) debt, improve your credit score, and completely turn your life around.

Inability to buy a home/fear of losing your current home

It’s true that filing for NJ bankruptcy will lower your credit score temporarily. This does mean that making large purchases that will require a loan are off the table, but only in the short-term! By remaining steadfastly dedicated to cleaning up your financial past, a lender will see that you’ve made a lasting change. In just a year or two, you will be able to make large purchases again.

Losing your home is a huge fear for almost everyone when they think about bankruptcy, although this fear is largely unfounded. Now, if you should decide that your home mortgage is out of your budget – you can decide to go forward with a short sale or foreclosure in order to downsize. However, if you would be able to successfully make your mortgage payments if your other debts were gone or significantly reduced, filing for bankruptcy in New Jersey triggers the automatic stay.

Do you have other fears about filing for bankruptcy that weren’t mentioned here? Call us; talk to us. We can walk you through what you’re afraid of and help you understand the process. We’ll give you real, honest feedback, even if that means bankruptcy isn’t right for you.

We Broke Up but She Refuses to Move Out: NJ Eviction Laws

nj eviction

Renting an apartment, condominium or house is a great option for people who aren’t ready to buy a home yet. If you signed your rental agreement as the only tenant, what happens if you meet someone and get into a serious relationship? Most landlords are with your significant other moving in with you, as long as they are informed ahead of time.

It’s such a fun time – moving in together, setting up house and talking about the future of your relationship. Will you get married? Have kids? Perhaps the two of you even take drives, hunting for your ideal NJ town as you consider growing a family together. What type of house would the two of you buy if you got married? Do you want a yard or a pool? Two-car garage or one?

Many relationships that begin just that way go on to enjoy happy marriages, producing one or several offspring, growing older together and watching children meet milestone after milestone. However, what if your ending isn’t of the happy variety?

Of course, not all relationships work out – even when you’ve gone so far as to move in together. In fact, the act of moving in together can sometimes be the straw that breaks the camel’s back; cohabitating is a great way to find out if you’re really compatible.

So, here you are: sharing your rented space with your significant other, and things go south. It’s beyond a fight – the relationship is over and beyond repair. Ideally, since you are the lessee and your girlfriend or boyfriend moved in with you, they would yield to your rights to the apartment and move out.

Sometimes, especially if you had a seemingly ‘perfect’ romantic relationship, breaking up is hard to do. Let’s be honest: breaking up is always difficult, but certain people may be less willing to let go without a fight, making an already challenging situation seemingly futile.

What can you do if your significant other (S.O.) decides to make breaking up impossible?

Your name is on the lease. Your relationship has ended, but your S.O. refuses to move out. Without physically picking her up and carrying all of her stuff to the curb (we specifically do not recommend this strategy) – how can you get your space back so that you can move on?

The bad news is, your relationship didn’t pan out the way you’d hoped and dreamed it would. The good news is, you’re not going to be stuck living with an ex forever, even if they throw a fit and resist moving out of your place.

Can I take legal action to remove my ex from my home?

You can! Ding! Ding! Ding! The fact that you solely leased the property and your S.O. is not named on the lease means you can file an Ejectment Action. In New Jersey, eviction law states that an Ejectment is appropriate when a (non-tenant) roommate to whom you are not married refuses to leave. Since they have no legal rights to remain living there, an Ejectment Action is the only recourse.

Because of the intense emotions surrounding kicking out an ex or loved one (Ejectment Actions can also be used to remove other friends or family members who refuse to leave), they have a high potential for contention. It is important that you are aware of this so that you remain calm and distance yourself from any action(s) that may prompt your S.O. to file a complaint against you for domestic violence. If this occurs, you may find yourself jointly kicked out of the rental.