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New Jersey Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure and Landlord - Tenant for New Jersey on
Q: a realtor showed me an apartment in a 2 family house. after i paid his fee, security deposit and 1st months rent,

i find out the house is in foreclosure. i stopped paying rent. is there anything i can do legally? also the landlord said i have to pay rent because now the house is not in foreclosure. they gave me no proof and online it says the house is up for auction.

Leonard R. Boyer
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answered on Jan 25, 2017

Since you signed a lease, you are obligated to pay for it. You have no right to live for free or you can be evicted if you fail to pay the rent. Just because something does not mean it is true. The landlord does not owe you any explaination about his or her finances. Unless there is a Court Order... View More

1 Answer | Asked in Divorce, Family Law, Foreclosure and Child Support for New Jersey on
Q: pendente Lite order, nothing paid 13 months, 20,000 in arrears, waiting on judge to enforce, losing CAR, Ins, food HELP!

soon to be x husband works, 4 kids, no support, does not even try to see them, support them in any way. cancelled medical insurance. No money in 13 months. I am in 70,000 legal bills with no relief in sight. HELP!!!

Santo Artusa Jr.
Santo Artusa Jr.
answered on Jan 24, 2017

You need to work with your attorney to bring an enforcement motion to take away his license, passport, etc so that he will begin paying or he will be held in contempt. Have to be aggressive

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: I have a very fraudulent loan and despite this the attorney I hired obtained a loan mod. which they will dual track

on my at same time, how do I go about filing a quiet title action and can you refer me to a good atty. in NJ?

Derek John Soltis
Derek John Soltis
answered on Jan 20, 2017

I know attorneys in southern, central and northern Jersey that all specialize in issues surrounding foreclosure defense and loan modification. What part of NJ do you need an attorney?

1 Answer | Asked in Foreclosure for New Jersey on
Q: Divorced my husband in 2012. He got the house and all the bills. Now it is in foreclosure in pa what can I do about it?

He was suppose to make all payments but he stop over a year ago. Got a new house with his new wife. Is there a way I can get out of my name being on this judgement?

Leonard R. Boyer
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answered on Jan 5, 2017

You need to retain an experienced mortgage foreclosure defense and matrimonial attorney to handle this situation for you. Your name will NOT come off the Judgment. However, if you do not file Chapter 7 Bankruptcy you can be forced to pay it. Pick the best lawyer you can find and remember one rule:... View More

1 Answer | Asked in Foreclosure for New Jersey on
Q: Once your house goes into foreclosure in New Jersey how long does it take for them to take the house
Leonard R. Boyer
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answered on Jan 2, 2017

There is no standard time as each case is different. You need to retain the right type of attorney to save your house.You need to retain experienced mortgage foreclosure defense and bankruptcy counsel. Only a mortgage foreclosure attorney has the expertise to prevent you from having more problems... View More

1 Answer | Asked in Foreclosure for New Jersey on
Q: I received a NOI on 3/11/2012 but the lender wasn't assigned my mortgage until 6/11/2013. Is this legal?
Leonard R. Boyer
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answered on Dec 17, 2016

The assignment of your mortgage is irrelevant. You need to retain experienced mortgage foreclosure counsel. Only a mortgage foreclosure 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... View More

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: Condo (NJ) sold in sheriff's sale 2 months ago, who is responsible for HOA fees until new deed is recorded?

If my condo sold in a sheriff's sale 2 months ago, am I responsible for HOA fees until a new deed is recorded or am I absolved because the condo was sold? A new deed hasn't been recorded yet.

Leonard R. Boyer
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answered on Nov 17, 2016

Once a sheriff sale occurs your ownership is terminated. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced Bankruptcy attorney. Your credit is already ruined and a Bamkruptcy will eliminate any potential... View More

1 Answer | Asked in Foreclosure for New Jersey on
Q: Illegal foreclosure with newly placed trustee and trust

someone removed all traces of my first assignment to trust BONY and replaced in with backdated assignment to US Bank for an entirely different trust and are now trying to foreclose despite the fact that I received a letter from plaintiff US bank stating that they have nothing to do with the... View More

Leonard R. Boyer
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answered on Nov 15, 2016

Right now defending your foreclosure case is the most important thing you need to do. The facts you mentioned are not going to stop the foreclosure or help you now. Only an experienced mortgage foreclosure attorney can help you now. To properly answer your questions and address your concerns, the... View More

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: Does the seller have to leave her kitchen stove for the buyer?can the seller take her stove and leave a replacement?

does this also apply in a Foreclosure?

Leonard R. Boyer
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answered on Nov 4, 2016

A replacement would have to be of equal or great quality. If you are in foreclosure or facing foreclosure, than you need to retain experienced mortgage foreclosure defense counsel. Good luck.

1 Answer | Asked in Foreclosure for New Jersey on
Q: The contents of a mortgage foreclosure complaint has 13 requirements. Can anyone change any of the requirements

, and is this still a legitimate complaint?

Leonard R. Boyer
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answered on Oct 4, 2016

That is not true. You need to consult with a mortgage foreclosure defense attorney to learn exactly what your rights are. This is not something that you can handle on your own, or get precise answers in an on line forum.

1 Answer | Asked in Banking, Civil Litigation, Contracts and Foreclosure for New Jersey on
Q: Can my lender dismiss a filed complaint and then file to reinstate the former case to avoid the Statute of Limitations?

NJ lender filed foreclosure complaint in 2009. Court dismissed in 2014 for failure to prosecute. Lender filed 2nd complaint 7/ 2016. We filed Motion to Dismiss w/ prejudice since the 6-yr statute of limitations had passed. Lender then moved to dismiss the 2nd case. Our understanding is they will... View More

Leonard R. Boyer
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answered on Sep 13, 2016

If a Plaintiff requests a dismissal, they never need the consent of the Plaintiff. Your factual situation sounds very strange and I believe a lot of significant facts are not stated. You need to retain a very experienced mortgage foreclosure defense attorney to handle this matter for you. Good luck.

1 Answer | Asked in Foreclosure, Landlord - Tenant and Real Estate Law for New Jersey on
Q: I live in a forclosure home now owned by the bank. Can I get my security deposit back from the previous owner? I pay ren
Leonard R. Boyer
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answered on Aug 23, 2016

You will have to sue him for that. Good luck.

1 Answer | Asked in Foreclosure for New Jersey on
Q: I have a foreclosure defense. I firmly believe we are victims of fraud. What I would like is a free consult locally.

Our original lender was Countrywide. They sold our loan to BoA. We had tried to get a modification through attorneys. We paid thousands of dollars to try for a mod. We were given a trial priod that if we paid for 3 months on time (we were never late on our mortgage) that they would approve the mod... View More

Leonard R. Boyer
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answered on Aug 9, 2016

I wish I could say your story is unique, but it is more common than you realize. You need to retain an expert in mortgage foreclosure defense and loan modification. When you meet with an attorney, you need to bring all your documents to a consultation. You do have options (most likely) but that can... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for New Jersey on
Q: I left my rental house on February 1st after receiving a sheriff notice of foreclosure on January 4th.

It was a month to month lease. I didn't give notice I was moving. There is no agreement either way about any of this. The landlord never contacted me about what was going on with the foreclosure. I'd never met him and had no idea if I was going to have to leave or what. I left on my... View More

Leonard R. Boyer
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answered on Aug 25, 2016

Your landlord has no legal obligation to discuss the foreclosure with you. It is also not a ground to break a lease.

1 Answer | Asked in Foreclosure, Estate Planning, Probate and Real Estate Law for New Jersey on
Q: My mom passed with 2 reverse mortgages & no equity. No will, no ins, no funds, but debt. Can we walk away from estate

My mother gambled, thought she was going to win the lottery, the horse races, the big jackpot. When we would try to talk sense into her, she stopped talking to us. I was personally shut out for the last 8 years. Now she has passed with no will, no insurance policy, no funds, but plenty of debt.... View More

Leonard R. Boyer
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answered on Aug 2, 2016

You need to consult with counsel and go over this matter in detail.

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: My mother recently passed with 2 reverse mortgages on 1 home in NJ, my siblings and I want to walk away - can we ?
Leonard R. Boyer
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answered on Aug 2, 2016

You need to meet with an experienced mortgage foreclosure defense attorney in person, there may be some options which can benefit all the siblings. Good luck.

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: House is in foreclosure and has been for quite some time. The township is insisting that I must maintain the yard.

Is this correct?

Leonard R. Boyer
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answered on Jul 25, 2016

Yes, it is correct. If you don't the local code compliance dept will make your life extremely costly and uncomfortable. Have you ever considered retaining counsel and fighting the foreclosure?

1 Answer | Asked in Foreclosure and Landlord - Tenant for New Jersey on
Q: If the house I rent is in foreclosure do i have to pay the landlord rent
Leonard R. Boyer
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answered on Jun 19, 2016

The foreclosure has no effect on your obligation to pay rent.

1 Answer | Asked in Foreclosure for New Jersey on
Q: I live in new York but have a home in foreclosure in new jersey. what state do I need to hire a lawyer in?

I retired from the military and cannot afford my home I had in new jersey. I now live in upstate new York. how can I give the home back to the bank do I need to hire a lawyer in ny or nj

Leonard R. Boyer
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answered on May 23, 2016

You need to retain an experienced mortgage foreclosure defense attorney in NJ. You cannot just "give" the house back to the bank. You will be in potentially serious trouble without legal counsel. You need to supply which ever attorney you retain or consult with copies of all legal... View More

1 Answer | Asked in Real Estate Law, Bankruptcy and Foreclosure for New Jersey on
Q: My ex and I have a house in foreclosure. He filed for bankruptcy, if anything happens am I the sole person liable?

My ex and I have a house in foreclosure. He filed for bankruptcy, if anything happens am I the sole person liable? My ex still resides in the house. I stopped paying the mortgage in 2010, foreclosure hasn't been done yet. He filed for bankruptcy Sept 2015. If something happens there, accident,... View More

Leonard R. Boyer
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answered on May 19, 2016

You both share liability for anything that happens on the premises. His Bankruptcy merely wiped out any personal liability for the mortgage. Your interpretation of the law is wrong.He no longer has liability for the mortgage, but you do. Reporting it to the lender as abandoned does not solve your... View More

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