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

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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
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 »

4 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New Jersey on
Q: My grandmother co-signed a house in NJ now it's in foreclosure. She is 84 lives in FL only social security. Advise?

The main signer filed chapter 13 last year. He fell behind now bankruptcy case is voided. He will get wages garnished. My concern is to protect my grandmother. With her living in florida I'm not sure where to start .

Karra Kingston
Karra Kingston answered on Mar 31, 2020

I’m not really sure if your grandmother is trying to save her one or not. I would need more information I would suggest contacting a Bankruptcy lawyer in Florida where your grandmother lives.

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1 Answer | Asked in Foreclosure for New Jersey on
Q: My house in Ocala, FL was foreclosed and sold in 2007. Got wage garnish judgement in 2020. Next best course of action?

The application is on a DJ docket number so the case has been closed. How can I resolve this matter best, as I cannot afford to lose my wages or afford $158,000?

Ivan Raevski
Ivan Raevski answered on Mar 4, 2020

if you already have a wage garnishment against you, bankruptcy would likely be the most viable option to wipe out the debt and remove the garnishment. schedule a free consultation with bankruptcy attorney to discuss your options. most of us bankruptcy attorneys offer free consultations and flexible... Read more »

1 Answer | Asked in Foreclosure for New Jersey on
Q: Foreclosure issues - I am looking for a lawyer who will look at my case regarding foreclosure with Rushmore.

Hello - last year my loan was sold to Rushmore Loan Management and I tried to do a modification with them. What followed was a disaster and finally I had to sell my home for less than its value after they waited 6 months and refused to take any money while they made their decision. They decided... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 3, 2020

Your situation is very complex and unfortunately all too common. Whether or not you have a viable lawsuit would require an in person consultation and a document review, which would be more than what attorneys would normally offer in a free consultation. If you actually have a viable case, an... Read more »

1 Answer | Asked in Foreclosure for New Jersey on
Q: Under New Jersey's fair foreclosure act is my bank required to notify me of intent to foreclose via certified mail?
Leonard R. Boyer
Leonard R. Boyer answered on Feb 24, 2020

YES! Prior to filing a complaint in foreclosure, the mortgage lender must send the homeowner, via registered or certified mail, return receipt requested, a Notice of Intention to Foreclose. This is one of the most important protections that the Fair Foreclosure Act gives to homeowners. However,... Read more »

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