Young-Perez News and Important Decisions - April, 2009

WINTER BREAKS

Winter brings cold temperatures, snow and ice. Winter is the time of year that requires business owners to remove the snow and ice from their property. Even the most diligent of property owners can be faced with the dreaded lawsuit that is filed by the customer that falls on ice or snow. What duty does the law impose to the property owner, tenant or snow removal company?

The New Jersey Appellate Division in an unpublished decision recently discussed the responsibility when a patron slips and falls on ice. In Cavaliere vs. Bridgewater Commons Mall, II Mrs. Cavaliere broke her ankle when she exited the mall, lost her footing and fell. Seven inches of snow had fallen the day before and there was testimony that ice was on the sidewalk and snow on the overhang near the door. There was also evidence that salt was seen all over the sidewalks and hourly inspections made of the area where the accident occurred. The jury after listening to the testimony found that neither the owner of the mall nor the snow removal company was responsible. The Appellate Division agreed with the trial judge’s charges to the jury which stated that a business property owner has a duty to use reasonable care to make sure that the sidewalks are safe for the public. The mall owner was required to make inspections of its property and to be aware of dangerous conditions that a reasonable inspection would have revealed. The jury apparently found that Ms. Cavaliere did not meet her burden of proof establishing that the mall owners and/or the snow removal company was negligent in removing the snow and ice or that the mall owners knew that a dangerous condition existed.

Would you have correctly guessed the outcome of the Cavaliere case? Would you have thought that Ms. Cavaliere should receive some kind of money to compensate her for the broken ankle; after all Ms. Cavaliere was not responsible to remove the ice on the sidewalk. Slip and fall cases are properly evaluated on their specific set of facts and the legal responsibility the law imposes depends on these facts. With this uncertainty a common sense approach to reduce the chances of responsibility is to consider the following:
1. Follow your municipality’s snow removal ordinance requirements;
2. Remove snow and ice as soon as humanly possible and no later that your municipalities time limits;
3. Inspect and re-inspect all property that contributes to snow and ice accumulation including overhangs and gutters. Fix any potential dangerous condition.
4. Keep a written record of all action taken to keep your property safe.
5. Should an accident occur, immediately call the police and then your insurance agent to provide prompt notice of the claim.

NEW JERSEY MORTGAGE PROGRAMS

NAVIGATING NEW JERSEY MORTGAGE PROGRAMS

I was out to dinner with friends and the topic of mortgage foreclosures and the government’s announced plans to help was discussed. It was clear to me that my friends did not have a basic understanding of the programs and who could qualify for assistance. I have to admit I could not answers their questions in detail and so I went on a search to see if I could find some answers. The search took place on the internet and it was a tortuous experience. I finally located the New Jersey Housing Resource Center, www.njhousing.gov. The site offers information on locating housing for low income families, families with special needs and senior citizens. The site also provided “Foreclosure Guidance”. I clicked and found I was redirected to the U.S. Department of Housing and Urban Development Guide to Avoiding Foreclosure. This site is available in Spanish and offers a wealth of information such as help finding a HUD-approved housing counseling agency who will help with avoid foreclosure. If eligible the agency is supposed to help the home owner prepare an intake package to take to the lender. When I continued my search for the HUD-approved housing counseling agency servicing in Hunterdon County, I located the North West New Jersey Community Action Program, www.norwescap.org., 888454-4778, located in Phillipsburg, NJ. This agency does not appear to have the same number of housing services as other HUD-approved agencies so I would recommend calling the toll free number but be prepared to be directed to another agency and be sure to ask for an agency that can accommodate Spanish speaking clients. Aside from contacting the HUD-approved counselor I found these programs:
1. FHASecure-homeowners who have a history of on time mortgage payments before their loan rates changed, who have three percent equity, strong employment history and enough income to make the mortgage payment. See www.fha.gov or call 1800CALL-FHA.
2.NACA Home Save Process-A nationwide non-profit advocacy organization with its’ local office located at 50 Park Place, Newark, NJ 973 679-2601. This program is designed to help people who don’t have affordable credit due to income levels.
3. Anti-Predatory Lending Project-Offers free legal help to low income homeowners who are victims of predatory mortgage lending. Call 1 888-576-5529
4. Homeownership Preservation Foundation at 1888-995-Hope. Trained counselors to help avoid foreclosure and to provide temporary financial aid to income eligible homeowners.
5. The New Jersey Housing Resource Center-helps New Jersey residents with housing information and affordable for rent and sale housing. www.njhousing.gov for more information.
6. NJ Judiciary Foreclosure Mediation Program-Call toll free 1-888-989-5277.

The best advice I can offer to my readers who are facing the possibility of a foreclosure action is to contact the above agencies and explore all of your options. These services are either free of charge or available at a low cost.
If you are applying for a mortgage or refinancing your mortgage, contact an attorney who can guide you through the process and more importantly explain the fine print that may make your decision to proceed with the loan or choose a more favorable loan. Don’t fall into the trap that many others before you did. If it looks to be good to be true, it likely is!!!