"My Home Is In Foreclosure -- Can You Help?"
Typically, the answer is: YES
You might think that since you signed the mortgage, and unfortunately missed a few payments, that you cannot possibly defend yourself in the foreclosure proceeding that was brought against you.
If this line of reasoning has held you back from hiring an attorney to help you, I would like to enlighten you and provide you with a new perspective.
Every client has a unique goal regarding their home. Most clients want to save their home. Some clients are ready to walk away from their home. My objective is to identify all of the available options available to you, explain those options and help you pursue your preferred solution.
Depending on the particular issues and facts involved in your case, you might have many additional options to proactively end the foreclosure process and get yourself into a new repayment plan with the mortgage company.
There are many attorneys in New Jersey who claim that they can buy you time and slow down the foreclosure process. While this is sometimes true, it is usually not the best solution for most people. As a matter of fact, delaying the foreclosure will cause the arrears to accumulate even higher, making it even more difficult to repay the mortgage, and making it more difficult to pursue other options to keep your home.
I certainly know how to slow down the foreclosure process as well, but that happens in every case where I get involved, simply because litigation takes time.
Most clients want the foreclosure case to disappear, not to stall it.
Most clients want to keep their home, not continue to wonder if they will lose the foreclosure lawsuit and be forced to move out in a humiliating and embarrassing manner.
If you are frustrated and don't know what to do next, I can help. I will analyze your situation and tell you what alternatives I see.
I will answer any questions that you have and when the consultation is over, you will clearly understand the your options.
Foreclosure lawsuits are typically brought in county court (e.g., Bergen County). However, there are many times when a client is in a more advantageous position fighting to keep the home in bankruptcy court. Most attorneys who are handling foreclosure defense in New Jersey aren't familiar with bankruptcy court, so they are unaware of the differences and unaware of the benefits of exploring this option.
There are a small number of attorneys in the country who have studied how to bring these issues into bankruptcy court, where the position of power between you (as the homeowner) and the entity suing you in foreclosure (which is sometimes the mortgage company, the mortgage servicer or even a trust). Yes, in bankruptcy court, they actually have to prove the amounts they claim you owe in arrears; they must prove that they have the right to sue you; and in bankruptcy court, you can force a repayment plan upon the mortgage company, which is nearly impossible to do in county court.
If you are in foreclosure in New Jersey, contact my office for foreclosure defense help.
Many people needing defending their foreclosure simply do nothing because they think that they can't afford help, and often the lenders and servicers encourage you to think that they are working with you and that everything will be alright. However, while taking to you, they are typically sending their attorneys to pursue the foreclosure action and continue to move it along in the court process while you send your financial worksheets to the servicer month after month to no avail.
Don't fall into that trap.