Legal Question in Real Estate Law in New Jersey
Master Deed
I brought a "duplex" property from a bank almost two years ago and the property was closed by a title company without hiring a attonry. Recently when did refinance and bank reqested condo documents, it was found that the property brought is a condo, the builder filed a master deed in county which only contained two units, after these two units were sold, no HOA was set up and no master insurance from 2004. Question is how to terminate the master deed so each unit can cover their property by themself.
1 Answer from Attorneys
You should have been advised at some point that the property was a condominium. It is not the title company's or the bank's responsibility to tell you to have your own lawyer represent you, and neither the title company nor the bank would be looking out for only your interests.
If the condo is in one building, even if they are separate dwellings, it is impossible to divide the responsibility or ownership except by a condominium regime. If you intend to keep ownership of both units and treat one or both units as rentals, provided that use is permitted in your township and you fulfill requirements for renting out a property, you could still retain ownership and terminate the condominium.
If the property consists of 2 separate dwellings each with its own plumbing and utility lines and other components necessary for a home, and if there are only 2 units, the owners of those units could terminate the condominium.
Termination requires the recording of appropriate documents.
Each owner would still be responsible for insurance and all other property expenses on that owner's unit.
This is not a DIY proposition, as you may have learned from your purchase.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
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