Bayonne, NJ asked in Foreclosure for New Jersey

Q: In NJ, are the 35 days to respond to a notice calendar or business days?

I am currently working with loss mitigation and have proof. However, I recently submitted paperwork and I am waiting on the notice that would stop further legal action

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

A: There is no such notice. From the time a foreclosure complaint is filed, you have 30 days to file a Contesting Answer, Affirmative Defenses, and Counterclaims. Trying to represent yourself is a dangerous game. You are emotionally involved and you are not a trained mortgage foreclosure defense and bankruptcy attorney. Realistically you need to retain an experienced mortgage foreclosure defense and bankruptcy attorney, so you can stop the foreclosure and not have to play the common games that lenders play. Realistically, by filing a Chapter 13 Bankruptcy and getting admitted to the Bankruptcy Court's mortgage modification program, your chances of getting a successful loan modification are much better. Lenders cannot play games because everything is submitted through what is known as the DMM portal. That means it is date and time stamped and the lenders cannot play their normal games. With modern technology, there are no geographic barriers to retaining the best attorney you can afford. Remember also that a cheap attorney is rarely ever good and a good attorney is rarely ever cheap. So never choose an attorney based on price. You need to retain someone who does this all the time and whose primary practice area is this type of case.

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