Category Archives: New Jersey Foreclosure Class Action FAQ

Will foreclosure class actions stop my foreclosure proceeding?

No. No matter how much you think the bank has harmed you, the mere filing of a foreclosure class action does not directly stop the foreclosure proceedings against you. These class action cases can potentially drag on for a significant period of time. In the meantime your foreclosure case does not stop and you should meet with an attorney at Friscia & Associates or elsewhere to discuss your available option in your fight to keep your home and defend against foreclosure.

If you are interested in learning more about class action lawsuits, or if you have any related questions call us today at (973) 500-8024 or (212) 960-8308, or submit your contact information below and we can contact you directly.

What is class certification?

After the class action Complaint is filed, the plaintiff must file a motion to have the class certified. In other words, at the point of class certification the Plaintiff is effectively asking the Judge to recognize the proposed class of individuals, which could include a handful of people or several hundred thousand people, for the purposes of the litigation.

Upon the motion to certify the class, the defendants may object to whether the issues presented in the case in question are appropriate for a class action. The defendants may also object to the proposed class certification on the grounds that the named plaintiffs are sufficiently representative of the class. The Judge will also assess the ability of the firm to prosecute the claim for the plaintiffs, and their resources for dealing with class actions.

If you are interested in learning more about class action lawsuits, or if you have any related questions call us today at (973) 500-8024 or (212) 960-8308, or submit your contact information below and we can contact you directly.

What is a Foreclosure Class Action?

In the course of Friscia & Associates representation of distressed homeowners, we have seen a pervasive pattern of misconduct on the part of the bank in conducting the modification and foreclosure process. Accordingly, using defendants in pending New Jersey foreclosure actions initiated by the banks, we have filed affirmative foreclosure class action claims against these banks for such misconduct. These cases include counts of common-law fraud, breach of the covenant of good faith and fair dealing and violations of the New Jersey Fair Foreclosure Act and Consumer Fraud Act. Currently, these cases are pending in Federal Court. Friscia & Associates will provide our clients and the greater community with updates as they become available.

Friscia & Associates has filed or is otherwise involved in a number of high profile federal class action lawsuits in New Jersey and in other states. One such case, Beals v. Bank of America, N.A., 10-cv-05427, consists of all named defendants in pending New Jersey foreclosure actions initiated by Bank of America or its affiliates.

If you are interested in learning more about class action lawsuits, or if you have any related questions call us today at (973) 500-8024 or (212) 960-8308, or submit your contact information below and we can contact you directly.

What is a Class Action?

A Class Action is a representative action in which one or more persons named in the lawsuit pursue a case on behalf of a larger collective group of persons that are not named in the lawsuit. This larger group of unnamed persons, in addition to the parties named in the lawsuit, comprises the class that the Class Action seeks to benefit. Class Actions are useful mechanism in situations in which similarly situated person face common harms or injuries, because the collective nature of Class Actions allow parties to efficiently pursue claims that would be inefficient or other difficult to pursue individually.

Class Actions filed in Federal Court are governed by Rule 23, Federal Rules of Civil Procedure. This rule also stipulates the procedures for certifying a class and the requisite elements for certification.

Friscia & Associates has filed or is otherwise involved in a number of high profile federal class action lawsuits in New Jersey and in other states. One such case, Beals v. Bank of America, N.A., 10-cv-05427, consists of all named defendants in pending New Jersey foreclosure actions initiated by Bank of America or its affiliates.

If you are interested in learning more about class action lawsuits, or if you have any related questions call us today at (973) 500-8024 or (212) 960-8308, or submit your contact information below and we can contact you directly.