New Jersey Foreclosure Defense Attorneys
At Friscia & Associates LLC, our New Jersey foreclosure defense lawyers aggressively act to protect our clients from being victimized by home foreclosure. We employ every legal strategy available to keep our clients in their homes and prevent banks from foreclosing. As we fight the foreclosure process, our team guides our clients through the often frustrating mortgage modification process.
You Have Rights and Options, Don’t Face Foreclosure Alone
We raise all appropriate legal defenses to foreclosures and aggressively negotiate with lenders to so that our clients can afford to continue owning and remain living in their homes. The Friscia & Associates foreclosure defense legal team treats our clients as individuals, with attention to the unique facts and circumstances specific to each situation. Our skilled attorneys and professionals effectively leverage our experience and knowledge of the law to craft an individually customized strategy for each specific client’s foreclosure defense.
Most troubled homeowners facing foreclosure want to modify their mortgage, remain in their homes and avoid foreclosure at all costs. We have the experience to efficiently and effectively defend our clients from foreclosure.
Preparing for Foreclosure Defense in New Jersey
The New Jersey foreclosure process begins when you fall behind on your mortgage payments and your mortgage lender sends you a Notice of Intent to Foreclose in the mail. From there, there is a specific set of procedures that your lender is required by law to follow before they can obtain a Final Judgment of Foreclosure. These laws exist to protect your rights as a homeowner, and it is in your best interest to stay up to date and informed throughout the foreclosure process to have the best chance of fighting foreclosure and staying in your home.
Some important steps you can take to prepare for the foreclosure process include:
- Open all mail immediately and keep track of deadlines. Every piece of mail you receive from your mortgage lender throughout the foreclosure process is important, and many of them require action from you with limited deadlines. It is critical to open your mail right away and discuss the appropriate action with your attorney, as falling behind and missing deadlines will only make foreclosure defense more difficult for you.
- Gather your mortgage documents and take stock of your finances. Keep copies of all documents you signed at your closing readily available, as they clearly state the terms of your mortgage and how much money you owe. If you can’t find these documents, you can receive a copy of these by sending a Request for Information. Also, make sure to assess your finances and determine how much money you can afford to spend on housing moving forward.
- Be wary of foreclosure scams. Unfortunately, some companies will attempt to take advantage of homeowners in a difficult situation, brought about by a foreclosure, by attempting to scam money out of them with “special offers.” It may be tempting to accept an offer for help during this stressful time, but make sure to do your due diligence and confirm that the person you are speaking with is a licensed New Jersey foreclosure defense attorney.
New Jersey Foreclosure Defense Options
Getting a Notice of Intent to Foreclose from your lender in the mail may seem like the end, but it is only the beginning of the foreclosure process. You have rights as a homeowner, and there are several options for stopping the foreclosure, including:
- Loan Modification. A loan modification, also called a mortgage modification, helps homeowners avoid foreclosure by altering the terms of their mortgage, thereby allowing them to get back on track with more manageable payments. For example, an eligible homeowner can get a loan modification that reduces the principal of the loan, reduces the interest rate, or extends the life of your loan.
- Filing a Contesting Answer to the Foreclosure Complaint. If you file a Contesting Answer, you are disputing your lender’s’ right to foreclose on legal grounds. For example, you can dispute the claims in the foreclosure complaint or identify any violations your lender has committed. A licensed New Jersey Foreclosure Defense Attorney can review your case and identify any legal defenses to the foreclosure.
- Declaring Bankruptcy. Federal law provides you the right to declare bankruptcy. Filing a bankruptcy petition will usually grant you an Automatic Stay, which temporarily halts all foreclosure proceedings. Declaring bankruptcy is not the best solution for every situation, and should be discussed with an attorney who can help you determine whether it is an option for you.
- Reinstatement. Stopping foreclosure by paying all arrears and late fees is called reinstatement. You are legally entitled to reinstate until Final Judgment is granted to your lender.
- Short Sale. If you decide to leave your home, your lender may agree to a short sale. This agreement allows you to sell your home for less than the total amount due. This allows homeowners to get a fresh financial start and avoid crippling debt.
Contact the New Jersey foreclosure defense attorneys at Friscia & Associates LLC today to discuss your options for stopping foreclosure and staying in your home.
NJ Foreclosure FAQ
- Should I hire a foreclosure defense attorney?
- How can I save my house if I am in foreclosure in New Jersey?
- How Much Time Do I Have to Respond to a Foreclosure Lawsuit in New Jersey?
- What do I do if I was Served with a Foreclosure Lawsuit in New Jersey?
- What is a Notice of Intention to Foreclose?
- What’s the Emergency Homeowners Loan Program?
- What’s a short sale? What are the benefits and drawbacks?
- What is the New Jersey Judiciary’s Foreclosure Mediation Program?
- How does the foreclosure process work in New Jersey?