New Jersey Foreclosure Defense Lawyer
Many individuals who fall behind on their mortgage payments may feel pressured into filing for bankruptcy as the only means of saving their home. Fortunately, it is not always necessary to take the extreme step of filing for bankruptcy to avoid foreclosure.
An experienced New Jersey foreclosure defense lawyer can help you understand your options. Work with a capable bankruptcy attorney who could evaluate whether filing for bankruptcy is actually the best course of action based on your individual circumstances.
What is Foreclosure?
Foreclosure is the process by which a mortgage company essentially repossesses the home that was put up as collateral for a mortgage loan. Because a mortgage is a secured debt, the lender can take possession of the underlying home and sell it to satisfy the mortgage debt to the greatest extent possible. This right survives bankruptcy, meaning that the mortgage lender may initiate the foreclosure process after bankruptcy’s automatic stay has been lifted.
The foreclosure process is a multi-faceted process that can take a substantial amount of time to complete, thereby providing an experienced New Jersey foreclosure defense lawyer with the time necessary to evaluate options to help a debtor keep their home.
Understanding the Process
The foreclosure process begins with default, which occurs when the borrower misses one or more mortgage payment and continues as described below. A New Jersey foreclosure defense attorney could prove valuable throughout this process.
Receipt of Notice
Once a default occurs, the mortgage company sends the borrower a notice of their intention to foreclose. By law, the borrower must receive this notice at least 30 days before the mortgage company files a complaint with the courts. During this 30-day period, the borrower may bring the mortgage current and stop the foreclosure process.
Foreclosure Complaint and Summons
The mortgage company will file a complaint with the courts if the mortgage is not brought current. A summons and complaint for foreclosure follow the court complaint. A hard copy is delivered to the borrower and the mortgage company may use alternate means if it shows that that the borrower actively avoided receipt of this document. The summons and complaint will contain information regarding foreclosure mediation, which may be requested within 60 days of receiving the summons.
Answer to the Complaint
The borrower must file an answer within 35 days of receiving the summons to defend against the foreclosure proceedings. Absent filing an answer, mediation is an option but an unsuccessful outcome will be final. A New Jersey foreclosure defense lawyer could help prepare this important document.
After the case is assigned to a judge, a discovery process will ensue. A foreclosure defense lawyer in New Jersey could use this process to gain the relevant documents from the mortgage company to prepare a defense. The mortgage company may also file a motion with the court to allow the foreclosure to proceed without trial, which a lawyer could work to prevent.
Trial and Judgment
If the case proceeds to trial, a foreclosure lawyer could work to prove that the mortgage company does not have the right to The judge will eventually enter judgment for one party. Even in the event of an unsuccessful outcome, many options exist to help delay an eventual sale.
Contacting a New Jersey Foreclosure Defense Attorney
The lengthy process described above gives a New Jersey foreclosure defense lawyer time to help you explore options for curing the default, including mortgage modifications that can help reduce your mortgage to a more affordable level with the goal of helping you keep your home.
Contact a lawyer today to schedule a consultation so that they can evaluate your options and go to work to help stop the foreclosure process as early as possible. Call today to set up a free consultation.