Legal Question in Real Estate Law in New Jersey

I am planning to buy a bank-owned home being sold in auction. I will get clear title. However it is occupied by someone, most probably the previous owner. It is a old home - 1930 (maybe older) in Union City, NJ. I am thinking that the bank may have tried eviction but must have been un-successful, or based on the situation they may have thought that the eviction is not possible.
My question is if I buy the home, what should my worries be to get the current occupants evicted and what is the legal remedy and cost.

Asked on 5/24/12, 7:19 pm

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

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You would do well to consult a local lawyer. Textbook "clear title" is more than just traceable ownership. It implies that the seller delivers the property free and clear of any adverse rights excepting easements of record and the like. A possessory interest of a third-party tenant, lawful or not, is an adverse interest. By that standard, the seller is responsible for delivering possession without a tenant. That said, there are frequently local customs for handling such cases and the answer might be found in the auction offering. Get some face-to-face legal help.

See also: http://info.corbettlaw.net/lawguru.htm

Answered on 5/25/12, 7:02 am

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