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New Jersey Foreclosure Questions & Answers
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... Read more »

Morris Leo Greb
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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... Read more »

Leonard R. Boyer
Leonard R. Boyer
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... Read more »

Morris Leo Greb
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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... Read more »

Leonard R. Boyer
Leonard R. Boyer
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... Read 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... Read more »

Leonard R. Boyer
Leonard R. Boyer
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
Leonard R. Boyer
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
Leonard R. Boyer
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... Read 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
Leonard R. Boyer
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... Read 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
PREMIUM
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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1 Answer | Asked in Foreclosure for New Jersey on
Q: Tax lien owner needs assistance with pursuing a foreclosure on a property that has been abandoned for more than 1 year

municipality refuses to declare property abandonded although it qualifies based on the guidelines under the njsa 55:19-55. property located in mullica township, NJ

Leonard R. Boyer
Leonard R. Boyer
answered on Oct 15, 2021

N.J.S.A.  54:5-86(b)  allows public officer  or tax  collector  to  sign  certification  waiving two year  waiting  period  for  third party lienholder to foreclose  and gets abandoned property  foreclosed  faster and returned  to  tax rolls. Tax lien foreclosure has strict rules... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law and Civil Litigation for New Jersey on
Q: my mortgage is held by my families estate, can they foreclose on my house if i missed a few payments sporadically.
Leonard R. Boyer
Leonard R. Boyer
answered on Sep 19, 2021

Yes, they can foreclose at any time. You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney, the sooner the better.

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2 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for New Jersey on
Q: My grandmother died with a reverse mortgage on her house with no co-borrowers. How soon can the lender take the house?

Family is searching for the latest Will. Nobody remembers the attorney's name to try to find her to get a copy of the Will. Can the lender call the loan due and/or foreclose on the house before the estate goes through probate? Can anyone else who lived in the house taking care of my... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jun 14, 2021

My best response is that you have raised many important issues that require extensive responses which are beyond the scope of the platform. The best thing to do is retain the services of an attorney who is familiar both with real estate law and probate law.

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1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: How can I help my parents avoid foreclosure if one party refuses to cooperate & has caused liens against the property?

My father tricked/intimidated my mother into getting a 2nd mortgage in her name alone. They are both on the deed. He had the bills go to him at another location then stopped paying. He refused to agree to any solutions (sell, refinance, etc) & has liens against him on the home. He won't... Read more »

Derek John Soltis
Derek John Soltis
answered on Apr 12, 2021

Hello,

Your mother should reach out to an attorney that would work with her. She may have options, but trying to tell you to tell her what they are based on the little information you provided is not likely to be helpful.

2 Answers | Asked in Foreclosure for New Jersey on
Q: if there was a deficiency judgement filed and awarded, how long does the mortgage company have to come after me?

how do i find out if there was a judgement against me? I did not receive anything and the auction sale was 11/2018

Leonard R. Boyer
Leonard R. Boyer
answered on Mar 17, 2021

The mortgage company has a substantial amount of time. You really need to retain an experienced mortgage foreclosure defense and bankruptcy attorney to eliminate this problem for you. If the property sold at sheriff sale for less than what is owed (a virtual certainty in 2018) then there is a... Read more »

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1 Answer | Asked in Foreclosure for New Jersey on
Q: Can I sue Pacific Union bank for foreclosure which happened two years ago. And they auctioned our house.

Two years ago, our house for foreclosed but it was within 8 months or so and auctioned off, before that they increased our mortgage payment by nearly $700 and from the initial payment agreed on. This put our family in great financial distress, eventually they auctioned off to a price, less than... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Oct 20, 2020

From what you stated, there is no basis for you to file a lawsuit against the lender. In addition, if you file a frivolous lawsuit in NJ, you can be held liable to the other party for legal fees and expenses.

1 Answer | Asked in Criminal Law and Foreclosure for New Jersey on
Q: I own a home and I'm on the title but my partner holds the mortgage. I give him a check every month for half.

The memo states for mortgage with (bank name and address of property). He was cashing the checks and never paid the mortgage unbeknownst to me. I am now in forclosure. Can I sue for fraud?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 1, 2020

Yes you can try to sue him for fraud, however you posted this question under criminal law and it may be a civil case not a criminal case, but more information would be needed to be known to determine this. Hire a good lawyer to determine your best options.

2 Answers | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New Jersey on
Q: Good evening I trust you and your's are all well please advise to where I can Foreclosure Case Law for Oral Arguments

Im looking for Specific information on Chase Bank & Select Portfolio Servicers that pertains to Wrongful Foreclosure Practices

Derek John Soltis
Derek John Soltis
answered on Apr 27, 2020

If you are in GA, you need to talk to a GA attorney about current case law. Most info you find online is out of date and not current case law.

If you think you can win without an attorney, you sound like someone that thinks they can perform their own appendectomy without a doctor....
Read more »

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1 Answer | Asked in Foreclosure for New Jersey on
Q: Can my daughter buy my foreclosed home in New Jersey that now is bank owned
Leonard R. Boyer
Leonard R. Boyer
answered on Apr 18, 2020

The property will be sold at sheriff sale, when it is scheduled for sale. There is no way of knowing who will be able to purchase the property, but what you also need to know is that you really need to file a Chapter 7 Bankruptcy to eliminate this debt and others. Right now with state of the art... Read more »

1 Answer | Asked in Foreclosure for New Jersey on
Q: Mortgage company sent letter approving modification foreclosure needs to be formally discharged do I need lawyer

Do I need a lawyer if my mortgage company accepted the terms for a loan modification but they foreclosure has yet to be formally discharged

Leonard R. Boyer
Leonard R. Boyer
answered on Apr 13, 2020

Yes you should retain counsel to examine everything. Mortgage companies typically do a trial modification prior to granting a permanent modification. So retaining an experienced mortgage foreclosure defense attorney to review everything and make certain that this matter is resolved properly is an... Read more »

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