If Freedom Mortgage has filed a foreclosure action against you in New Jersey, a foreclosure defense attorney at Friscia & Associates, LLC can analyze your case, assert legal defenses, and work to protect your home. We represent homeowners throughout all of New Jersey in foreclosure proceedings involving Freedom Mortgage and offer a free initial consultation at (973) 500-8024.
Who Is Freedom Mortgage?
Freedom Mortgage Corporation is one of the largest mortgage lenders and servicers in the United States. While headquartered in Boca Raton, Florida, Freedom Mortgage has significant operations in New Jersey and services a large portfolio of residential mortgage loans nationwide. Freedom Mortgage is particularly prominent as a lender and servicer of government-backed loans, including those insured by the Federal Housing Administration (FHA), guaranteed by the Department of Veterans Affairs (VA), and backed by the U.S. Department of Agriculture (USDA). Freedom Mortgage both originates loans and acquires servicing rights from other lenders. In New Jersey, Freedom Mortgage appears as the plaintiff in foreclosure actions as the holder of the note and mortgage, or as the servicer acting on behalf of a government agency or investor. Because Freedom Mortgage handles a high volume of FHA and VA loans, homeowners facing foreclosure on government-backed mortgages frequently encounter this servicer.
Common Issues Homeowners Face with Freedom Mortgage
Homeowners involved in foreclosure actions brought by Freedom Mortgage report a range of servicing problems that can affect their ability to defend their case and retain their home.
Servicing Transfer Errors: Freedom Mortgage frequently acquires servicing rights from other lenders. When servicing is transferred, account records, payment histories, and escrow balances must be accurately conveyed. Homeowners have reported that balances were incorrect after transfer, that payments made to the prior servicer were not properly credited, and that escrow calculations were inaccurate. These errors can create or worsen delinquencies.
Loss Mitigation Application Problems: Homeowners seeking loan modifications or other loss mitigation assistance through Freedom Mortgage have reported delays in processing, lost documents, repeated requests for the same information, and denials without adequate explanation. For government-backed loans, servicers must comply with both RESPA (12 C.F.R. § 1024.41) and the specific loss mitigation requirements of the FHA, VA, or USDA, which may provide additional protections and options beyond those available for conventional loans.
Government Loan Servicing Compliance: FHA and VA loans have specific servicing requirements that go beyond those applicable to conventional loans. FHA servicers must offer specific loss mitigation options in a prescribed sequence, and VA loan servicers must comply with VA servicing guidelines before proceeding to foreclosure. Failure to follow these government-specific requirements can constitute a defense to the foreclosure action.
Communication Issues: Borrowers have described difficulties reaching the correct department at Freedom Mortgage, receiving conflicting information about account status and available options, and encountering delays in responses to inquiries. Federal regulations require servicers to provide a single point of contact during the loss mitigation process.
Escrow and Fee Disputes: Freedom Mortgage manages escrow accounts for taxes and insurance, and homeowners have reported unexpected escrow increases, miscalculations, and the addition of fees during the foreclosure process that were not properly disclosed or were unreasonable.
Legal Defenses Against Freedom Mortgage Foreclosure in New Jersey
New Jersey law provides homeowners with multiple defenses in a Freedom Mortgage foreclosure action. An experienced attorney can analyze the specific facts of your case and assert all available defenses.
Lack of Standing
The entity filing the foreclosure complaint must demonstrate that it holds the note and mortgage or has been properly assigned those instruments. If Freedom Mortgage acquired the loan through a transfer of servicing rights, the chain of assignments must be complete and valid. Defects in the assignment chain, including improperly executed assignments or gaps in the documentation, can form the basis of a standing challenge that may result in dismissal of the foreclosure complaint.
New Jersey Fair Foreclosure Act Violations
The New Jersey Fair Foreclosure Act (N.J.S.A. 2A:50-53 et seq.) requires written notice of intent to foreclose at least 30 days before the complaint is filed. The notice must contain specific information, including the amount required to cure and the borrower’s right to cure. If Freedom Mortgage failed to send proper notice, sent it to the wrong address, or omitted required information, this may constitute a defense to the foreclosure.
RESPA Violations (12 C.F.R. § 1024.41)
RESPA requires mortgage servicers to follow specific loss mitigation procedures. Freedom Mortgage must acknowledge receipt of loss mitigation applications within five business days, exercise reasonable diligence in obtaining documents, and evaluate borrowers for all available options before proceeding with foreclosure. If Freedom Mortgage moved forward with foreclosure while a complete application was pending, or failed to properly evaluate available options, these violations may serve as a defense.
Truth in Lending Act (TILA) Issues
If the original lender failed to make accurate disclosures at origination as required by TILA, including the annual percentage rate, finance charges, and material loan terms, these violations may provide grounds to challenge the enforceability of the mortgage obligation.
Predatory Lending and Unconscionability
If the loan was originated under deceptive circumstances or on fundamentally unfair terms, defenses based on predatory lending or unconscionability under New Jersey law may apply. The New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1 et seq.) may also provide a basis for relief.
Government Loan-Specific Defenses
For FHA-insured loans, the servicer must comply with HUD servicing requirements, including evaluating the borrower for specific loss mitigation options in a prescribed order before initiating foreclosure. For VA-guaranteed loans, the servicer must comply with VA servicing guidelines. Failure to follow these government-specific requirements may provide additional defenses beyond those available in conventional loan foreclosures.
Why You Need an Attorney for Freedom Mortgage Foreclosure Defense
Foreclosure in New Jersey is a judicial process conducted through the Superior Court. Freedom Mortgage retains experienced foreclosure attorneys. Without legal representation, you risk missing deadlines, waiving defenses, and losing your home. An attorney can review the entire loan file, verify compliance with both federal regulations and government loan-specific requirements, and represent you at every stage of the proceedings.
How Friscia & Associates Helps Homeowners Fight Freedom Mortgage
Friscia & Associates, LLC represents homeowners in all 21 counties of New Jersey in foreclosure defense. Our firm handles cases involving Freedom Mortgage, including foreclosures on FHA, VA, and conventional loans, and understands the specific regulatory requirements that apply to each loan type.
We provide a free initial consultation to review your situation and explain your rights. If we identify defenses or options, we develop a strategy to protect your home and handle all aspects of the foreclosure defense.
Contact Friscia & Associates Today
If Freedom Mortgage has filed a foreclosure action against you in New Jersey, act promptly. Call Friscia & Associates, LLC today at (973) 500-8024 for a free consultation. We serve homeowners throughout the entire state of New Jersey.
Frequently Asked Questions
Can I fight a Freedom Mortgage foreclosure in New Jersey?
Yes. New Jersey homeowners have legal defenses available in Freedom Mortgage foreclosure cases, including challenges to standing, Fair Foreclosure Act violations, RESPA claims, and other statutory defenses. Contact an attorney to evaluate your case.
Is Freedom Mortgage based in New Jersey?
Yes. Freedom Mortgage Corporation is headquartered in Boca Raton, Florida, but has significant operations in Mount Laurel, New Jersey. Freedom Mortgage is one of the largest mortgage lenders in the country and services a substantial number of loans in New Jersey.
Does Friscia & Associates handle Freedom Mortgage foreclosure cases throughout New Jersey?
Yes. Friscia & Associates, LLC represents homeowners in all 21 counties of New Jersey in foreclosure defense matters involving Freedom Mortgage. Call (973) 500-8024 for a free consultation.
What if Freedom Mortgage is foreclosing on my VA or FHA loan?
Freedom Mortgage is a major servicer of government-backed loans, including VA and FHA loans. These loans have additional loss mitigation requirements and protections beyond standard conventional loans. An attorney experienced in foreclosure defense can help ensure that Freedom Mortgage complies with all applicable requirements for your loan type.
Legal Disclaimer: The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. Every foreclosure case is different, and outcomes depend on the specific facts and circumstances involved. If you are facing foreclosure, you should consult with a qualified attorney to discuss your individual situation. Past results do not guarantee future outcomes.