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Mortgage Foreclosures in New Jersey | What You Need to Know

April 12, 2021

If you are someone who has recently received notice that your home will be foreclosed, you are most likely extremely worried about the days and weeks to come. Fortunately, we may have a solution. Of course, this is a very time-sensitive matter, which is why you must continue reading and reach out to our knowledgeable New Jersey foreclosure defense attorney to learn more about foreclosures, how we can help you fight one, and what the process looks like. Here are some of the questions you may have:

Is There a Way to Save My Home from Foreclosure?

In short, yes, there is, but first, some background on home foreclosures. To start, you should understand that the New Jersey Superior Court supervises foreclosures. That being said, for your home to be foreclosed, your lender must prove to the NJ Superior Court that it can legally do so. In many cases, our firm can challenge foreclosures with the New Jersey Super Court by analyzing various aspects of your lender’s file and, from there, question the lender’s employees regarding your loan. Oftentimes, we can defend your home from foreclosure by asking some of these few simple questions:

  • Can the lender come up with proof regarding whether it owns the mortgage or not?

  • Is the lender capable of proving that the loan was properly transferred?

  • Can the lender prove that it has legal grounds to file a foreclosure proceeding?

In many cases, homeowners are relieved to know that they can prevent a foreclosure on their home without even having to file for bankruptcy. In many cases, we can expose bad record-keeping on your lender’s part. Lenders are often guilty of “rubber stamping,” which means that they automatically approve mortgages without taking proper consideration, which means that in many cases, you can keep your home for years without making mortgage payments simply due to the lender’s negligence. In cases where there are no errors, however, an attorney can still help you by demanding the lender prove their case, delaying the process, and giving you time to straighten out your finances and start making your mortgage payments on time once again.

That being said, if you are incapable of getting your finances to a point where they should be right now, you can still file for Chapter 13 or Chapter 7 bankruptcy. Doing so will trigger an automatic stay on your home, which prohibits all creditors from conducting all collection activities, allowing you and your family to stay in your home.

Contact Our Experienced New Jersey Firm

Juan C. Velasco, Esq. is a trusted attorney who concentrates on bankruptcy, family law, real estate, and estate matters who has been serving the New Jersey area for over 20 years. That is why we are confident we have what it takes to provide you with the effective legal counsel you need. If you need experienced legal counsel, please contact Velasco Law Office and we will be happy to assist you.