Nutley, NJ asked in Foreclosure for New Jersey

Q: Need attorney to work with me, on SSDI, facing foreclosure, served papers, Nationstar refused payment. & modification.

In Dec. 2016, Nationstar Mortgage refused to accept my payments to bring account current in Dec. 2016. I’d missed Oct. & Nov. payments, due to reduced income of my contributor/son. Earlier in the year I completed 3 month trial payments for a modification. I was told my modification didn't go through because I never signed final papers and was 10 months (?) behind. I explained to them I hadn’t received them, even though I requested them twice (by email) and asked that they be sent to me by email. I continued to make my monthly after the 3 month trial. When asked what my options were, they said I had to re- apply for a modification, which I did, and was turned down. I was told I had to pay over $17,000 or lose home. I was served court papers last week. I'm on a fixed income and need an attorney. I also filed a complaint with CFPB. I want to find out if I have any legal recourse against Nationstar?

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1 Lawyer Answer

A: I am sorry to learn about your ordeal. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation. You need to retain the best mortgage foreclosure defense and bankruptcy attorney you can afford. You should not be restricted by geographic factors. 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.

There is a very simple solution to your problem, provided that you can fund it. In NJ, the Bankruptcy Court's mortgage loan modification program in combination with a Chapter 13 Bankruptcy is your best chance to save your home and will block the sheriff sale. No one can guarantee a loan modification, but unlike other programs and methods, the lenders cannot play their usual games when the loan modification is pursued this way. Since everything is submitted electronically through a portal, it is time stamped. So the lenders can't just lose your application or deny that it was filed. The Bankruptcy Court's mortgage loan modification has "real teeth" behind it. If you are approved for a trial modification, you will be required to make 3 to 6 timely payments before getting a permanent modification. If you do qualify for the permanent loan modification, you will probably have a 40 year mortgage, frequently at a fixed rate of interest. No one can guarantee a reduction of principal but it does sometimes happen. The key to success is to retain an attorney who is an experienced mortgage foreclosure defense and bankruptcy attorney. The lenders attorneys know who they are, and they take them seriously. You get only one chance to do this right, so choosing the right attorney is critical.

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