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My house is being foreclosed what should I do?

Whether you are in a Tax Lien foreclosure or a Foreclosure on your mortgage you have different timelines in the foreclosure process. What options you have to save your home is entirely dependant on your uniques situation.  Talk to an attorney today. Even if you do not think you can afford an attorney, you need to understand the timeline for foreclosure. Do not face the possibility of losing your home to Foreclosure by yourself.

We save homes. Let us help you save yours.

FREE NO OBLIGATION STRATEGY SESSION WITH AN ATTORNEY –TALK TO US FOR FREE. Go over all your options. Work out a strategy to save your home, or stay in your home as long as legally possible. My office is well versed in Foreclosure law, Bankruptcy law, Credit Repair, and Land Lord Tenant Law in New Jersey. Ask me how to save your home. Or, how to stop a Sheriff Sale. Or, evict a non-paying tenant. Or, how to make money with your property while in foreclosure. Or, anything else you want to know.  I focus on saving homes.

DEFEND YOUR RIGHTS IN COURT – Don’t be pushed around by your lender. Every step you take today means more time in your house to work out a solution. If you do not answer the complaint, you can lose your home in 180 days. Do not believe people that say it takes years to foreclosure in New Jersey. If you answer the complaint the wrong way, you may give up defenses that you should raise to save your home.

  • MODIFY YOUR HOME LOAN – If you qualify, you can reduce your payments, decrease your interest rate, and in the rare case reduce what you owe on the principal of your mortgage.
  • DECLARE BANKRUPTCY, but ONLY if that is your best option. Bankruptcy can be used to force a bank to review your loan for modification even if you have been denied a loan modification in the past.
  • SELL YOUR HOME TO PUT MONEY IN YOUR POCKET OR EXPLORE A DEED IN LIEU OF FORECLOSURE: Even if you are underwater and no longer want your property, there are ways to avoid a foreclosure on your record.
  • Work with a company that will try to buy your mortgage from your bank: This may sound like a long shot, but we work with investors that want to work with you to buy your mortgage and give you a no interest loan while they help you rebuild your credit.

Call me NOW at (844) 5-DEFENSE – 844-533-3367 to go over ALL YOUR OPTIONS, or email me at [email protected].  I will work with you to save your home.

How do I stop a Sheriff Sale?

There are several ways to stop a sheriff sale in New Jersey.  As a right, the defendant can apply for a 28-day extension with the sheriff.  This will only postpone the sale.  There are other scenarios where it is possible to go to the judge with an emergent motion to stop the sale.  An Order to Show Cause is a tool that allows a judge to make a decision the same day or set an expedited timeline to rule on the issue. This process can be used for almost all emergency matters.

If you are considering bankruptcy, both a chapter 13 and chapter 7 bankruptcy will stop the sale. However, if you have had a bankruptcy dismissed in the last 180 day or are barred from filing a bankruptcy you may have issues that need to be overcome.

Sheriff Sales in New Jersey will cause the home to be either sold to a third party at the auction, or the bank will become the owner at the auction.  So if an adjournment of the sale is not possible, bankruptcy may be the only way to save your home.

A chapter 7 bankruptcy will only delay the process of the sale. And, if you have equity in your home the chapter 7 trustee may try to sell it to satisfy what you owe to all of your creditors.

A chapter 13 bankruptcy will allow you to begin a payment plan to pay back the arrearage (missed payments) on your loan to your bank or loan servicer and even request a Loan Modification in bankruptcy.  If you have been turned down int he past, bankruptcy can give you another chance at the bank agreeing to loss mitigation options such as loan modification, deed-in-lieu of foreclosure, a short sale or regular sale if you have equity.

Talking to an attorney prior to making any decision is normally your best option.

What are my rights?

Anyone charged with a crime has certain legal rights. You have the right to remain silent when questioned. You do not have to say anything about the facts of your case. If you do, your statements can be used against you in a court of law including during your trial. You have the right to the presence of an attorney during any questioning. If you cannot afford an attorney, one will be appointed for you. Practically speaking, the appointment of lawyer for a defendant who cannot afford an attorney usually does not occur until the first court appearance. You have the right to be considered for bail except in murder cases.

How do I file a complaint against my lawyer?

In most countries, particularly civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries, clerks, and scriveners.These countries do not have “lawyers” in the American sense, insofar as that term refers to a single type of general-purpose legal services provider; rather, their legal professions consist of a large number of different kinds of law-trained persons, known as jurists, some of whom are advocates who are licensed to practice in the courts.It is difficult to formulate accurate generalizations that cover all the countries with multiple legal professions, because each country has traditionally had its own peculiar method of dividing up legal work among all its different types of legal professionals

Who makes the decisions about my case?

In a criminal case you decide whether to: go to trial or plead guilty, have  jury trial or a bench trial, testify or maintain your right to be silent. In a civil case your lawyer should consult with you before making any settlement decision.

What if I cannot afford a lawyer?

If you are involved in a criminal case, in most circumstances you may have a lawyer appointed to you if the court decides you cannot afford a lawyer. You might also have the right to a court-appointed lawyer in some civil cases that involve the loss of a civil liberty such as a mental health commitment or loss of parental rights.A lawyer referral service is typically offered by state and local bar associations as a public service. The purpose of a lawyer referral service is to increase access to justice by referring members of the general public to lawyers in private practice or to legal aid organizations or agencies for a nominal fee. Increasingly, the public is turning away from these services.

Am I going to be kicked out of my house after foreclosure?

If your home was foreclosed, and you are not paying rent to the new owner there is an almost 100% chance that you will eventually be removed from your home.  Depending on your situation, you may have options to stay in your home.

If you are a tenant with a valid lease, normally you will be able to continue under the lease with the new owner if you continue to abide by the lease. However, if the owner purchased the property with the intent of making it his or her home.

To quote the New Jersey Department of Community Affairs, Division of Codes and Standards. Landlord-Tenant Information Service, GROUNDS FOR AN EVICTION BULLETIN

“The landlord may file for eviction, if the owner of a building with three residential units or less seeks to personally occupy a unit, or has contracted to sell the residential unit to a buyer who wishes to personally occupy it and the contract for sale calls for the unit to be vacant at the time of closing. A Notice to Quit must be served on the Tenant at least two months prior to filing suit for eviction. No legal action may be taken until the lease expires.”

For more information of your rights as a tenant living in a foreclosed property, either call an attorney or read the TOOLKIT FOR TENANTS LIVING IN FORECLOSED PROPERTIES  by the New Jersey Public Advocates office.

Remeber that the new owner is also responsible for your security deposit. Don’t believe the new owner if he tells you to get your deposit back from the old owner.  (See N.J.S.A. 46:8-20 and -21).

What if I was the owner prior to Foreclosure?

If you were the prior owner, your rights to stay in the property are much less protected than a tenant.  After the sheriff sale, there is a 10-day period where you have the option to redeem the property by paying the sheriff what is owed to the bank.  Most people do not have the money to do this, however, in that period you are technically still the owner of the property until the full auction price is paid and the sheriff deed has not been delivered. However, after the sheriff deed has been delivered, the new owner can move to evict you from your former home.

You can attempt to get cash for keys from the new owner to move out. You are not guaranteed anything by law, however many times new owners will give a token amount of money so you do not destroy the property and agree to leave by a certain date as not to force them to evict you.

You as the former owner may have a half a year or more living rent-free in some cases. This is not guaranteed to happen but on rare occasions, the bank may buy the property back and not move for a Writ of Possession right away.  In these situations, people sometimes are not evicted until the bank sells the home as an REO (Bank owned Real Estate). Normally at the conclusion of a New Jersey Sheriff’s Sale, judgment for possession is entered while simultaneously, a Writ of Possession is issued. The Sheriff then has thirty days to serve the Writ of Possession on you as the former owner.

The Actual Ejectment Date

After the Sheriff serves the Writ of Possession on you, you are given twenty days to move. On the twenty-first day after service of the Writ of Possession, if you and your family have not vacated the premises, the buyer or the attorney for the buyer calls the Sheriff’s Office to schedule the actual eviction. The Sheriff will then assign a date for the eviction, which is usually no sooner than 30 days from the date the judgment was entered. The new owner will schedule a locksmith at the time set by the Sheriff for the lockout. There are other ways to delay the actual lockout date by going to court and asking a judge for additional time.

Now you understand why some new owners offer you money to move.

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