New York, NY asked in Real Estate Law for New Jersey

Q: Property (water pipes & heating) damages caused by lending company whom are trying to foreclose. What can we do

Our mother passed away and, the lender took over ownership (vacant home) as we began to submit legal documentation granting us ownership. They then hired another company to winterize the home. When we regained ownership (2 months later) we found the winterizing went all wrong. Company forgot to flush the pipes and pipes bused in 47 places. Flooding, heating, holes in walls - a complete nightmare. Lender acknowledges their fault and is now pursuing foreclosure action as mortgage hasn't been paid. Home cannot be occupied or listed for 6 months because of the damages. Please advise

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1 Lawyer Answer
Leonard R. Boyer
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Answered
  • Clifton, NJ
  • Licensed in New Jersey

A: Your situation requires an in person consultation with both an experienced mortgage foreclosure defense attorney and a civil litigation attorney. 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 of Evidence, case law, nor are you trained how to handle a legal case, especially if litigation is involved. However, if you do not retain counsel, and the opposing party does have counsel, you will could get slaughtered (figuratively speaking). 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 good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.

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