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New Jersey Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for New Jersey on
Q: 4 rentals and a primary residence in NJ were included in my bankruptcy in 2015. Foreclosure info is located where?

I'm trying to get a new mortgage, and the Florida mortgage company where I now live is asking me this information and wanting documentation. I don't know where to look to find it.

Derek John Soltis
Derek John Soltis answered on Jul 23, 2019

If you had an attorney they can pull your file for you. If you didn't have an attorney you can either go to the court to get a copy or reach out to a bankruptcy attorney and they can pull your filing. It costs $0.10 a page for an attorney to download documents from Pacer.

1 Answer | Asked in Foreclosure for New Jersey on
Q: sold l land in Atlantic City, NJ.I held a mortgage for $10k Buyer Stopped paying.What is the cost to foreclose

The land that I sold is located in Atlantic City, NJ. I live in Randolph NJ

Leonard R. Boyer
Leonard R. Boyer answered on Jul 16, 2019

There is not standard cost for a foreclosure. Each case and the time that is consumed varies. What also matters is the value of the underlying property. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a... Read more »

4 Answers | Asked in Bankruptcy, Foreclosure and Probate for New Jersey on
Q: What can I do to stop foreclosure on the house and settle parents' estates w/o taking on responsibility for their debts

that could potentially affect my credit. Both parents died in 2017 with NO wills. They both have massive amounts of medical debt and there is a mortgage on the home. I'd prefer not to move from the home and am named as an heir by the mortgage company (and named resident) and am contemplating... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 16, 2019

You can just pay the mortgage. The bank does not care where the cash come from. As to the debts, you are not liable personally. If the debt exceeds the asset value of the estate, there is no benefit to an estate.

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1 Answer | Asked in Foreclosure for New Jersey on
Q: If property taxes were not paid and subsequently sold at tax sale, the tax lien holder pays the future taxes for 2 years

and then files for foreclosure, what happens when the property owner receives an "order setting date, time, place and amount of redemption" notice from the attorney representing the tax lien holder? Is that date really the last date the property owner can pay to redeem the property? Is... Read more »

Derek John Soltis
Derek John Soltis answered on May 25, 2019

When the judge signs the order the property is legally the tax lien holders.

Declaring bankruptcy can extend the time to get the money to pay of the tax lien.

It may be easier to get a hard money lenders to loan the money, and probably have a lower interest rate than the 18% that...
Read more »

2 Answers | Asked in Foreclosure for New Jersey on
Q: Trying to get a emergency stay on my home i lost to foreclosure. I have a 15 year old daughter with Autism and injured

Need help staying emergency

Derek John Soltis
Derek John Soltis answered on Mar 29, 2019

Is a sheriff sale scheduled? Did the home already sell and how long ago?

You need to speak to a foreclosure lawyer to go over your options. Waiting for answers online that cannot give you specifics is not going to help if your time is limited.

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1 Answer | Asked in Foreclosure for New Jersey on
Q: I have a judgment against home owners from 2011. bank moved to foreclose in 2014. I was not named. what now?

Sale is soon. Do I have any rights?

Leonard R. Boyer
Leonard R. Boyer answered on Jan 10, 2019

In order to provide you with a meaningful answer and help you, you need to have an in person consultation with an experienced mortgage foreclosure defense and bankruptcy attorney. These type of consultations are free and the only way to for you to find out exactly what your rights are. You should... Read more »

1 Answer | Asked in Foreclosure for New Jersey on
Q: In NJ can I check the status online of my foreclosure case status?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 19, 2018

Although you certainly can do so, you really need to retain an experienced mortgage foreclosure defense attorney to represent you. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules, Rules... Read more »

1 Answer | Asked in Foreclosure and Bankruptcy for New Jersey on
Q: My home was sold to Third Party at Sheriff Sale. He picked up the Deed and Title. How do I get him to record the Deed

My home was sold to Third Party at Sheriff Sale. He picked up the Deed and Title. How do I get him to record the Deed. I no longer own the home but he just keeps saying he will record the deed and title but has not. He has changed the locks and moved into the home.

Leonard R. Boyer
Leonard R. Boyer answered on Dec 13, 2018

You cannot force the issue. But you do need to file for Chapter 7 Bankruptcy to eliminate any financial liability for the property. Chose the best Bankruptcy attorney that you can find.

1 Answer | Asked in Foreclosure for New Jersey on
Q: On a affidavit of consideration for use by seller and deed, does it also transfer the ownership and mortgage?
Leonard R. Boyer
Leonard R. Boyer answered on Dec 4, 2018

No it does not. You cannot transfer a mortgage. You really need to retain an experienced mortgage foreclosure defense attorney, because if you don't know what you are doing, you will trigger the mortgages due on sale clause. Do not let geographic restrictions get in the way of retaining the... Read more »

1 Answer | Asked in Foreclosure for New Jersey on
Q: I there a limit on Attorney fees on a property tax foreclosure
Leonard R. Boyer
Leonard R. Boyer answered on Dec 2, 2018

There is not specific limit, but most quality attorneys will charge an hourly rate, not a fixed fee. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

1 Answer | Asked in Foreclosure for New Jersey on
Q: Do I have to file a response to my foreclosure summons if I am in the process of a home modification?

I received a foreclosure summons from my lender's attorneys but was in the process of submitting loan modification. My case worker at the mortgage company said not to worry about the summons that I do not need to answer it being that my modification paperwork was all in. Is this true? I... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 25, 2018

Your case worker at the lender is a liar. Any time you receive a Summons and Complaint, you can never ignore it, especially in a foreclosure case. You need to retain the right type of attorney right away, like tomorrow. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: My home sold to third party in Nov 2018 at Sheriff sale. When do the new owners get the deed. They put down 44% at sale.

My home was foreclosed in Aug 2018 then sold to Third Party at Sheriff sale in November 2018. When do the new owners take over the deed. I have moved out and turned utilities off in my name. I filed bankrupty and it was discharged back in Jan so not liable for money owed on house.

I simply... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 24, 2018

There is no lien released by just filing bankruptcy and not certain what lien you are talking about.

2 Answers | Asked in Foreclosure for New Jersey on
Q: Do I have to file a response to my foreclosure summons if I am in the process of a home modification?

I received a foreclosure summons from my lender's attorneys but was in the process of submitting loan modification. My case worker at the mortgage company said not to worry about the summons that I do not need to answer it being that my modification paperwork was all in. Is this true? I... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 23, 2018

No, you have to retain counsel to handle this matter for you. If you don't retain an experienced mortgage foreclosure defense attorney, the results will be disastrous for you! All residential mortgage foreclosures follow 2 tracks. A Banking track and a legal track. Both move forward separate... Read more »

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1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: Looking for attorney in New Jersey who has experience recovering surplus funds from sheriff/foreclosure sales. Help?

House sold in Jackson, NJ @ foreclosure/sheriff sale. Purchaser paid more than what was owed to the bank. Approx 40k was sent to the Superior Court Trust Fund. Need an attorney who can help file a motion for the surplus funds pursuant to Court Rules 4:64-3 & 4:57-2.

Derek John Soltis
Derek John Soltis answered on Nov 20, 2018

If you contact any attorney in NJ that handles Foreclosure defense they will be able to handle these types of issues.

2 Answers | Asked in Bankruptcy, Consumer Law and Foreclosure for New Jersey on
Q: I was evicted from my home and left a 60% full propane tank, and the supplier is trying to bill me for the full tank.

I recently went through a bankruptcy in which I included my home, and subsequently a foreclosure (in NJ). I remained in the home during this whole process and paid the propane supplier monthly, as I needed the fuel to live there. When I left the home the tank contained 60% fuel. I'm willing to... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 19, 2018

If the delivery was after the filing date of your case, it is not a part of the bankruptcy.

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1 Answer | Asked in Foreclosure, Real Estate Law and Banking for New Jersey on
Q: house going to Sherriff sale. NOT short sale. Arm's length applies to short sale. Does it apply to Sherriff sale in NJ

While buying it at auction myself might cause the bank to go after balance deficiency, since it is a public auction there should be no legal reason my father can't bid and if he wins the high bid sell me the house at 1 dollar. Again much different from the short sale where I am coordinating... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 17, 2018

There is no way of knowing who will win the sheriff sale. This is very different from an auction. If it was a short sale, you do not control anything, the lender does and statistically most short sales fail.

2 Answers | Asked in Foreclosure for New Jersey on
Q: I have a sheriff sale in four weeks. I want to move now! Can I shut off utilities and water and move on with my life!

I have a sheriff sale on my home in four weeks. I am too stressed from all this. I want to move now! Do I contact my bank and let them know I have taken utilities our of my name, turning water off and cancelling home insurance/ (Insurance and taxes are all paid up until Feb 2019) I need to think... Read more »

Derek John Soltis
Derek John Soltis answered on Sep 28, 2018

Even if your home sells at a sheriff sale, you are not evicted the next day. If the bank buys the property back at auction, you may have 1/2 a year or more.... Or 30 days. It really comes down to what actually happens.

You can also ask the sheriff to move your sale date back 28 days....
Read more »

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1 Answer | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: I had my day in court and still nothing got done or decided !

I had to go to court to try and get my mortgage reinstated. The judge asked me to talk to him in his chambers. He said, OK, lets hear your side of the story and take your time. I told him everything from start to that day. He said, that's exactly what I read, so why won't these investors... Read more »

Timothy Denison
Timothy Denison answered on Aug 12, 2018

You may need to get approval from the Court to incur new debt, but it is a very viable alternative to continuing with these”investors.”

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: I was forced out after foreclosure and left a lot of personal property behind what happens to that property?

I was forced out after foreclosure and left a lot of personal property behind what happens to that property? I was told the new owner has to box and store it but I believe he has destroyed or trashed it.

Leonard R. Boyer
Leonard R. Boyer answered on Aug 11, 2018

You need to contact the new owner, or if that does not work, you can retain an attorney to try and settle it for you. In addition, to eliminate your personal liability for the foreclosure, you need to retain an experienced bankruptcy attorney to handle your case.

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: general question: what happens when a foreclosure is overturned if the buyer already sold the property who loses money?

what happens when Mr. A loses his house through foreclose & Mr B buys it from the bank and resells it to Mr C.

In the event when Mr A decided to overturn the foreclosure will Mr. B have to pay back for Mr. C the amount he got at closing or not?

Jay Schmerler
Jay Schmerler answered on Aug 1, 2018

This "hypothetical" sounds like a Bar exam question. The scenario should never have happened if B & C did their due diligence. You don't say what you mean buy Mr. A "overturning" the foreclosure. If you mean redeemed the property from the sale within the time allowed,... Read more »

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