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New Jersey Foreclosure Lawyer
The prospect of facing a mortgage foreclosure proceeding in New Jersey is daunting. However, if you miss payments or have received correspondence from your lender or their attorney regarding foreclosure, it is time to reach out to the experienced and compassionate foreclosure defense lawyers at Sadek Bankruptcy Law Offices.
Sadek Bankruptcy Law Offices has helped thousands of homeowners fight foreclosure and stay in their home’s most prized possession! We offer a free initial consultation with a lawyer over the phone, zoom, or in person to review your legal strategies. Our office is rated A+ by the Better Business Bureau, and our lawyers are “Super Lawyers” per Thomson Reuters.
New Jersey Mortgage Defense Lawyers
State Court Litigation
Before a Civil Complaint in Mortgage Foreclosure can be filed in the Superior Court of New Jersey, your lender must a Notice of Intent to Foreclose Letter. This letter serves as a general warning that in at least 30 days, the lender will file their foreclosure Complaint.
The Notice of Intent to Foreclose serves as a warning to the homeowner and provides them with the requisite information regarding how much is delinquent on the mortgage and where to send the delinquency. Most borrowers cannot cure their mortgage delinquency, especially if the mortgage has been unpaid for an extended period.
Upon a Mortgage Foreclosure Complaint being served, the borrower has only 35 days to respond to the Complaint. A Mortgage is a Contract, and a Mortgage Foreclosure Complaint is an allegation that the borrower breached (or broke) the contract by not paying.
The borrower may establish a meritorious defense, such as the borrower made the payments, but the payments were misapplied, or the borrower was under a repayment agreement with the lender when the Complaint was filed. If a meritorious defense can be established, the borrower may move to dismiss the Foreclosure Complaint or possibly file a Motion for Summary Judgment to quash the foreclosure Complaint.
Mortgage Modifications can be very advantageous to a borrower; however, they are at the lender’s discretion. A Mortgage Modification is applied for by the borrower through an application for loss mitigation or borrower assistance.
The goal of a mortgage modification from the borrower’s perspective is to include any mortgage delinquency into a new loan. The “new” loan will have a higher principal balance, but modifications generally include a new mortgage term and a lower mortgage interest rate which cumulatively leads to a lower mortgage payment for the borrower.
Since there is a new term, the lender usually is scheduled to receive a significantly greater sum through the new mortgage term than it would have through the “old” mortgage terms. In times of rising interest rates, mortgage modification terms may not be as favorable for a borrower.
Chapter 13 Bankruptcy
Most people know the word “Bankrupt” from a game show with a wheel. However, Bankruptcy can offer tremendous benefits to a homeowner in financial distress.
When filing for bankruptcy, the automatic stay is imputed. The automatic stay is one of the most powerful tools in all of the law because it STOPS any collection efforts against the bankruptcy filer or their property. Once a Bankruptcy is filed, any lawsuit, collections, or foreclosure proceeding is stopped immediately. After the stoppage of the mortgage foreclosure, the borrower has three to five years to repay any delinquent mortgage payments.
A Chapter 13 Bankruptcy is an effective tool to keep one’s home and repay mortgage arrears after a loss of income, increased expenses, or an emergency. Chapter 13 can also reorganize unsecured debts such as credit cards, personal loans, medical bills, and other debts. Meaning, the repayment to the mortgage company becomes a priority creditor and unsecured debts only receive monthly payments based on affordability to the bankruptcy filer.
Chapter 13 is often known as a reorganization of debt and is generally used when a borrower is delinquent on their mortgage but is also facing other debts as well.
Contact Our Firm
Our legal advice is tailored to each person or family’s specific situation. Therefore, we encourage you to schedule a complimentary consultation with an experienced New Jersey licensed attorney to review your situation and provide options for saving your home. Our lawyers pride themselves on being compassionate advocates for you. We realize that it was not your intent to fall behind on your home and your fear of foreclosure, especially in today’s uncertain times.
To schedule your consultation, please call our office at 856-890-9003 or use our online scheduling link below:
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Work with Our Dedicated and Experienced Bankruptcy Lawyers
Sadek Bankruptcy Law Offices, LLC has a dedicated team of lawyers who help clients achieve the benefits of bankruptcy in Pennsylvania and New Jersey. Our lawyers have over 75 years of combined experience and have filed more than 5,000 successful bankruptcy cases.