If you have been served with a foreclosure lawsuit in New Jersey, it is important to take immediate action in order to protect your rights and explore your options. Here are some steps you should consider taking:
- Contact an Attorney: An attorney who specializes in foreclosure defense can help you understand the foreclosure process and your legal rights. They can also help you navigate the court system and represent you in court if necessary.
- Review the Foreclosure Complaint: Read the foreclosure complaint carefully and make sure you understand the allegations against you.
- File an Answer to the Complaint: You must file an answer or other responsive pleading within 35 days of being served with the foreclosure complaint. This is a strict deadline, so it’s important to act quickly.
- Explore Loan Modification Options: An attorney can help you negotiate a loan modification with the lender that could make your mortgage payments more affordable, and help you keep your home.
- Consider Bankruptcy: Filing for bankruptcy can provide you with an automatic stay, which temporarily stops the foreclosure process and gives you time to work out a repayment plan with your lender. Please note that in many cases bankruptcy is viewed as a last resort is other options prove unfruitful.
- Explore Alternatives to Foreclosure: An attorney can help you explore alternatives to foreclosure, such as a short sale or a deed in lieu of foreclosure. These options allow you to sell the home for less than the outstanding mortgage balance or transfer ownership of the home back to the lender, respectively, and avoid a foreclosure on your credit record.
- Understand Your Statutory Right of Redemption: An attorney can help you understand the statutory right of redemption in New Jersey, which means that you have a certain amount of time after the foreclosure sale to redeem the property by paying the outstanding mortgage balance, including interest and costs.
It’s important to remember that the foreclosure process in New Jersey can be complex and time-sensitive, so it’s essential to seek the help of an attorney as soon as possible to ensure you take the appropriate steps to protect your rights and explore your options. Individuals can respond to foreclosure lawsuits on their own behalf. However, it is prudent to evaluate your case with a professional who may be aware of affirmative defenses and/or counterclaims that could benefit your case which a layperson might not be aware of.
If you are interested in learning more about the foreclosure process, 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.