Purposeful Advocacy for New Jersey
A Path Forward for Your Finances, Your Family, & Your Future

Foreclosure Defense

Defending New Jersey Clients Facing Foreclosure

If you are facing foreclosure, you need an attorney that knows what it takes to defend your future and help you keep your home. There are countless ways for an attorney to use legal means to stall or stop the process in its entirety. Even though the future looks bleak, foreclosures are not set in stone and the right attorney can help. There are many instances, especially with the transfers of mortgages between 2003 and 2008, where critical paperwork was lost or not completed, signatures were forged, and/or had the wrong endorsements. There were so many mistakes made in the 2000s. These mistakes and more lend itself to the defense of your home. If you need an effective attorney to help you stop the process of foreclosure, contact Velasco Law Office for a consultation.

Defending Against Foreclosure

In the state of New Jersey, foreclosure is supervised by the Superior Court. The lender must provide evidence that they have the right to foreclose. An effective foreclosure attorney will examine the lender’s file and ask employees of the lender questions concerning the loan. With this in mind, an attorney will question:

  • Does the lender have evidence that they own the mortgage or the note?

  • Does the lender have legal standing to file a foreclosure proceeding?

  • Can the lender provide proof that the loan was properly transferred?

Much of the strongest defense against foreclosure comes from bad record keeping. Some of the major mistakes made by lenders come from what is called “Rubber Stamping.” It is the automatic approval of mortgages without the proper consideration. Many homeowners have been able to retain their homes for months and even years without making mortgage payments based on a number of errors by lenders. Even if there are no errors, the right foreclosure defense attorney can delay the process by making the lender prove their case, allowing the client the time to figure things out.

How Bankruptcy Can Stop Foreclosure

Even though many people shy away from bankruptcy, it may be the best option to help you keep your house. Filing Chapter 13 or Chapter 7 bankruptcy allows for you to restructure your debts through a repayment plan that better suits your financial situation. If you are in the foreclosure process, filing for Chapter 13 or Chapter 7 issues you an automatic stay, stopping creditors from pursuing debts, including through the process of foreclosure.

To learn more about the bankruptcy process, simply read Attorney Velasco’s Complete Guide to NJ Bankruptcy.

Contact a Middlesex County Foreclosure Defense Attorney

If you are facing foreclosure, there are many ways in which an effective attorney can help. Velasco Law Office understands that you may be in a dire situation. The firm will explore every legal mean to avoid foreclosure and help you keep your home. If you need a compassionate, dedicated, and skilled attorney to ease you through tough times, contact Velasco Law Office. Attorney Velasco will assess your case, guide you through your legal options, and represent your legal needs. For a consultation, contact Velasco Law Office.