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New Jersey Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure and Landlord - Tenant for New Jersey on
Q: House is in foreclosure, do I still need to pay rent arrears directly to landlord?

This is just a out of curiousity. I was evicted from my apartment in August 2023. My former landlord and I entered into an agreement that I would pay my rent arrears in monthly payments. This was decided in court with is lawyer through mediation. The house is currently in foreclosure, once he loses... View More

James L. Arrasmith
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answered on Mar 30, 2024

In situations where a property is in foreclosure, the obligations agreed upon in court, such as your agreement to pay rent arrears, typically remain binding. The change in property ownership does not automatically negate your legal responsibility to fulfill the terms of that agreement. Therefore,... View More

2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for New Jersey on
Q: Hello, I have 2 suites with levelset against the same person/ company in stage 3 deadline 1 yesterday 1 today HELP

i am lost the one yesterday i did mandoroty arbitration if you could please spare me a phone call I am a small one man copration with 1 employee and on the verge of bankruptsy there is 38,000.00 owed to me. i went after tthe customers homes with the leans she refused to sign for the cert mail. and... View More

James L. Arrasmith
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answered on Nov 10, 2023

In New Jersey, if you're dealing with multiple legal issues involving debt collection, foreclosure, and potential bankruptcy, it's important to seek legal advice promptly. Since you've already gone through mandatory arbitration and are considering placing liens against property, a... View More

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2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for New Jersey on
Q: Hello, I have 2 suites with levelset against the same person/ company in stage 3 deadline 1 yesterday 1 today HELP

i am lost the one yesterday i did mandoroty arbitration if you could please spare me a phone call I am a small one man copration with 1 employee and on the verge of bankruptsy there is 38,000.00 owed to me. i went after tthe customers homes with the leans she refused to sign for the cert mail. and... View More

Leonard R. Boyer
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answered on Nov 9, 2023

You are going to need to retain an experienced civil litigation attorney. You are a corporate entity so you must retain counsel. In determining your choice of an attorney, there are many factors to consider, including but not limited to and you should look at how the attorney is you should also... View More

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1 Answer | Asked in Foreclosure for New Jersey on
Q: How can i make a settlement with plaintiff 's lawyer , when they never response about settlement. (Foreclosure case)
Richard Diamond
Richard Diamond
answered on Feb 13, 2023

We handle divorce, family law and estate planning work - can't give you advice on how to deal with counsel for a mortgage company. My guess is that the law firm on the other side handles 100's if not thousands of foreclosure matters for the mortgage company and as a result, the majority... View More

2 Answers | Asked in Foreclosure for New Jersey on
Q: Need a foreclosure defense lawyer

Plaintiff did not remove their name from Deed ,when Foreclosure judgement was vacated, but they get another judgement (summary judgment for Foreclosures) how can defendant sale ? if this is wrong.

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Feb 7, 2023

Until a foreclosure auction takes place, you would not lose ownership. If you are the owner, you are welcome to attempt to sell the property. If there's equity in the property and a buyer in place, you may be able to hire counsel and prolong the foreclosure sale. Seek a free consultation.

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3 Answers | Asked in Foreclosure, Real Estate Law and Probate for New Jersey on
Q: Grandmother had a reverse mortgage on her house.  She passed away.  House is on Sheriff's Sale list.  What can be done?

Grandmother's property is in Camden County, NJ. Mortgage company entered a complaint in April 2022 that went unanswered because notification was NOT sent to the executor of the estate. Property is now in foreclosure scheduled for Sheriff's sale this week. The complaint, request for... View More

Leonard R. Boyer
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answered on Feb 5, 2023

The only way to obtain a meaningful answer and learn what can be done about this is to have either an in-person consultation or a secure video conference and document review. It will require you to pay an attorney for at least an hour of attorney time. Speculating as to what has occurred and the... View More

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2 Answers | Asked in Criminal Law, Foreclosure, Real Estate Law and Domestic Violence for New Jersey on
Q: The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property

The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property into foreclosure. The mortgage is solely in his name. The wife owes half of the equity. Ex-husband owes ex-wife more monies than his equity is. Every time she gets the... View More

Richard Diamond
Richard Diamond
answered on Jan 25, 2023

There is a court order that required your ex-husband to pay for the mortgage for the marital home until the date of its sale. Ex-husband failed to pay the mortgage and ..... you did not take him back to court immediately to address his noncompliance and ... each time that a buyer has expressed an... View More

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2 Answers | Asked in Criminal Law, Foreclosure, Real Estate Law and Domestic Violence for New Jersey on
Q: The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property

The ex-husband was ordered to pay the mortgage until the house is sold. He hasn't paid the mortgage and got the property into foreclosure. The mortgage is solely in his name. The wife owes half of the equity. Ex-husband owes ex-wife more monies than his equity is. Every time she gets the... View More

Morris Leo Greb
Morris Leo Greb
answered on Jan 25, 2023

You may file a motion seeking to compel your ex-husband to comply with the terms of the judgment of divorce. You may also have a claim for partition. It would be in your best interest to retain an attorney who is experienced in family law/matrimonial matters to discuss what remedies are best for... View More

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1 Answer | Asked in Foreclosure for New Jersey on
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

Leonard R. Boyer
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answered on Jan 7, 2023

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... View More

1 Answer | Asked in Foreclosure and Tax Law for New Jersey on
Q: Question about foreclosure and deficiency judgment and tax forms

My primary residence in New Jersey was foreclosed on and went to sheriff sale. The same bank held the first mortgage position and a second mortgage position on a HELOC. The foreclosure action included both mortgages in the one action. The final judgment included both mortgages as did the Writ of... View More

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Feb 7, 2023

The 1099A is not the same as a deficiency. After foreclosure, I always recommend that income taxes are prepared by an accountant to protect you.

2 Answers | Asked in Foreclosure, Real Estate Law and Tax Law for New Jersey on
Q: My mortgage company (with escrow) did not pay my property taxes and property was sold at tax sale. What is my recourse?

My original loan provided paid taxes on both lots listed on the deed. A third party then bought my loan and in the escrow account they only paid taxes on one of the lots on my property. The other lot went unpaid for a year and then was sold at a tax sale.

I understand I have a redemption... View More

Morris Leo Greb
Morris Leo Greb
answered on Nov 23, 2022

Speak to a real estate attorney to discuss what action you might pursue.

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1 Answer | Asked in Foreclosure for New Jersey on
Q: We have put a lein on a home in bridgewater nj 10 years ago no effort has been made to satisfy the lein. It is in a shel

The home is in asheltered trust can for forclose onit

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 7, 2022

This is too complex to answer online. Bring your documentation to a local real estate lawyer to review and determine if it's collectable.

1 Answer | Asked in Divorce, Family Law, Foreclosure and Real Estate Law for New Jersey on
Q: I was awarded my home in the divorce. I had 60 days to refinance the balance on the mortgage. My ex was to facilitate

That 60 was extended indefinitely until I could close. He signed that agreement. He now sold home to an investor who has been harassing me to get out. Ex got a Judge to agree to throw me out a 66 year old severely disabled person. no eviction/ejection or any requests to vacate have been properly... View More

Leonard R. Boyer
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answered on Aug 20, 2022

Due to your financial problems, contact New Jersey Legal Services for an attorney.

2 Answers | Asked in Real Estate Law, Foreclosure and Tax Law for New Jersey on
Q: Can a town lien in New Jersey add charges after they sold a lien to an investor that certified there were no charges?

Essex County, Township Of Irvington

I owed a lien purchased in December 2016 which certifies that there were no charges before or pending after attached to this lien or property. After paying the taxes for 4 years the city said in 2020 said they "forgot" to add cleaning charges... View More

Morris Leo Greb
Morris Leo Greb
answered on Aug 3, 2022

It depends whether or not a Municipal Tax Search was ordered and received and the information contained. Speak to the title company you used to check title before actually purchasing the lien and the insured the transaction.

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1 Answer | Asked in Foreclosure and Legal Malpractice for New Jersey on
Q: two days after final foreclosure judgement homeowner was prepared to pay lien in full - property tax - ??

Unpaid property tax -homeowner became aware of issue in 2019 and began paying taxes since, arrears amount needed to be paid in full - due to Covid and the death of a Trustee, money to pay has been held up in the Trust. Lien holder, township and lawyers for the defendants were aware of situation... View More

Leonard R. Boyer
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answered on Mar 27, 2022

Realistically to provide you with meaningful advice and determine what your options are more information and an in person consultation will be necessary. I am not a legal malpractice attorney, so I cannot comment in that area of the law. However, my practice includes, but is not limited to mortgage... View More

1 Answer | Asked in Foreclosure for New Jersey on
Q: Are assignments, sales and transfers of Mortgage Notes required to be publicly recorded?

My Mortgage Note has been sold 3 times since my foreclosure and a default judgment was granted to the original Mortgage Note owner. The 3rd assignment/sale has not been publicly recorded. The original bank was granted a Writ of Execution for a Sheriff Sale but they no longer own my Note. The law... View More

Leonard R. Boyer
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answered on Dec 16, 2021

You need to retain an experienced mortgage foreclosure and bankruptcy attorney to examine the documents and your situation that is not possible here. You are not necessarily out of options.

1 Answer | Asked in Foreclosure for New Jersey on
Q: Are Mortgage Notes that have been sold/assigned required to be accompanied by an allonge to show endorsements?
Leonard R. Boyer
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answered on Dec 16, 2021

There is no such requirement. What is the purpose of your question?

3 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for New Jersey on
Q: A bank that doesn't own my Mortgage Note got a Writ of Execution for a Sheriff Sale. How can I challenge the Writ?
Leonard R. Boyer
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answered on Dec 8, 2021

Mortgages are negotiable instruments that can be freely bought and sold, without your consent. To determine what your options are, you really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney. Choosing a cheap attorney can often lead to expensive mistakes and/or... View More

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1 Answer | Asked in Foreclosure for New Jersey on
Q: Hi. I just received intent to foreclose notice on Dec 9th from Wells Fargo for the amount of 17191.00. I was in

Forbearance for 18 months of pandemic related job loss. Now I'm about to lose unemployment. I have almost half of the amount of 17000 to put towards that back payments. What should I do. I have crypto investments that just started giving me monthly awards but no 9-5 employment

Leonard R. Boyer
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answered on Nov 8, 2021

If you are a New Jersey resident, then you really need to retain an experienced New Jersey mortgage foreclosure defense and bankruptcy attorney. This requires a high level of expertise. During this pandemic, you have a choice of either seeing your attorney in person or by way of a secure state of... View More

2 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: I filed chapter 13 it was dismissed so I filed 13 again that was dismissed so I filed chapter 7 it was accepted but home

Still sold is something I can do to get home back

Justin M. Gillman
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Justin M. Gillman
answered on Nov 8, 2021

This depends greatly on the timing and more specific review of the legal issues involved.

The Chapter 7 Trustee likely chose to "abandon" the trustee's interest in the property due to a lack of equity. When certain documents were filed and a discharge entered, depending...
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