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Jay Schmerler

Jay Schmerler

Law Office of Jay R. Schmerler
  • Real Estate Law, Estate Planning, Bankruptcy ...
  • New Jersey
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Biography

Besides the highlighted practice areas shown in my profile, I have extensive experience in civil litigation, debtor-creditor issues, and community associations, such as condominiums and homeowner associations. I have appeared in state courts, such as municipal court and all levels of the Superior Court, including the Appellate division. At the federal court level, I have appeared in the U.S. District Court for New Jersey, the U.S. Bankruptcy Court and the . Court of Federal Claims, as well as the Armed Services Board of Contract Appeals. I have represented clients with formal mediation and arbitration, and have also acted as a mediator in state court. And finally, I have also appeared before several local Planning Boards and Boards of Adjustment. During my 31 years of practice, I've been fortunate to gain experience in many areas of the law and it has been both exciting and professionally rewarding.

Practice Areas
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
    Estate Planning
    Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
    Bankruptcy
    Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Consumer Law
    Class Action, Lemon Law
Additional Practice Area
  • Debtor-Creditor
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    My fee structure varies by the type of case and degree of expected difficulty. I charge both flat fees for certain matters and bill by the hour on other matters.
Jurisdictions Admitted to Practice
New Jersey
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3rd Circuit
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Federal Circuit
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Education
Seton Hall University School of Law
J.D. (1984) | Law
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Attended night school while working full time as pharmacist.
Seton Hall University School of Law Logo
Massachuetts College of Pharmacy & Health Sciences
B.S. (1975) | Pharmacy
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Honors: Graduated Magna cum laude; Rho Chi Honor Society, Merck award
Activities: VP - Student American Pharmaceutical Society (Massachusetts)
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University of Dayton
other | Pre-med; Political Science
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Withdrew after completion of 1st semester, Junior year.
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Professional Associations
Haydn Proctor Inn of Court
Master
- Current
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National Association of Consumer Bankruptcy Attorneys
Member
- Current
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New Jersey State Bar  # 006141984
Member
- Current
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Monmouth County Bar Association
Member
- Current
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Websites & Blogs
Website
Legal Answers
18 Questions Answered
Q. Determining a fair price for the sale of a piece of my property?
A: First of all speak with an attorney knowledgeable of land use law. You want to be sure that what land you are left with meets the zoning requirements for your area. In addition, you don't say, but is there a mortgage on your home? You'll have to deal with your Lender for its OK before you can do this. As to value, get an appraisal.
Q. general question: what happens when a foreclosure is overturned if the buyer already sold the property who loses money?
A: This "hypothetical" sounds like a Bar exam question. The scenario should never have happened if B & C did their due diligence. You don't say what you mean buy Mr. A "overturning" the foreclosure. If you mean redeemed the property from the sale within the time allowed, then Mr. B didn't wait out that period and Mr. C was not very bright to buy under those circumstances.
Q. Can a house seller not return my $5000 deposit because the loan not approved , and he put house back to market?
A: This is fact dependent. Have an attorney review the terms of your contract of sale and then review the details surrounding your mortgage application.
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Contact & Map
12 Christopher Way Suite 200
Eatontown, NJ, USA
Telephone: (732) 982-8507
Fax: (732) 982-8508
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