Mortgage Foreclosure Defense

Are you unable to make your mortgage payments? Do you feel that your situation is hopeless and that you are powerless against the Banks or other lenders and their attorneys?

There are many powerful defenses to Mortgage Foreclosure that can be used to protect your home. To start a foreclosure action against you in New Jersey, the lender must follow a specific set of legal rules and procedures, and comply with numerous requirements that a lender must specifically comply with in order to foreclose.

In New Jersey, when you purchase a home, you take out a loan, which is called a mortgage. That mortgage is what is known as a secured loan, and the home you purchased is the security for the loan. However, when you do not make your payments (for whatever reason) the Bank or other lender has the right to take back the house through a proceeding known as a mortgage foreclosure. Frequently you will receive multiple notices from the Bank or other Lender’s intent to Foreclose if you do not bring your mortgage payments current.

If the Bank or other Lender does not follow the legal requirements to foreclose on your house, and give you the proper notices, and then serve you with a Summons and Complaint for Foreclosure, then a Foreclosure Defense Attorney can protect your legal rights. But there are also numerous other defenses to mortgage foreclosure, and our law firm knows them all.

No matter what anyone tells you, you should always make mortgage payments, if you are able to. Never stop making mortgage payments, and always consult a mortgage foreclosure defense attorney immediately if you are having problems making your payments.

Although there are many defenses to mortgage foreclosure, one of the most powerful defenses is Chapter 13 Bankruptcy. When a Chapter 13 Bankruptcy is filed for you, the Automatic Stay of the United States Bankruptcy Code goes into effect and (absent rare special circumstances) all lawsuits against you must stop immediately. Unless and until the Bank or other lender obtains permission from the Bankruptcy Court to “lift” the Automatic Stay, the mortgage foreclosure against you must stop. In addition, in a Chapter 13 Bankruptcy, you can “strip off” second and third mortgages.

Even if your home has already been scheduled for Sheriff’s sale, we can stop the sale with a Chapter 13 Bankruptcy.

There is a lot of misinformation posted on the Internet and everyone’s situation is unique, so please contact us for a free initial consultation to see if we can help you.