Lawyers, Answer Questions  & Get Points Log In
New Jersey Foreclosure Questions & Answers
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 Most info you find online is out of date and not current case law.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 »

View More Answers

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.

View More Answers

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 »

1 Answer | Asked in Criminal Law, Foreclosure, Appeals / Appellate Law and Elder Law for New Jersey on
Q: Was evicted, Movers are just throwing my stuff in bags. This is causing great hardship. How do I fight this. I need help

I am overwhelmed and there is too much stuff now packed into the storage units. I can’t even pull things out for the organizations to take stuff. I have one month before the first group is due in about a week after that the second group is due. If I have to pay all of these I will not be able to... Read more »

Derek John Soltis
Derek John Soltis answered on Feb 5, 2020

I am sorry to hear about your situation. Have you looked into any of NJ's state assistance programs?

https://www.lsnjlaw.org/Housing/Landlord-Tenant/Evictions/Pages/Programs-Prevent-Eviction.aspx

2 Answers | Asked in Foreclosure for New Jersey on
Q: Is curing a default by the date in a notice of intention to foreclose letter in NJ using the once every 18 month renstmt

Is curing a default when a mortgage is in pre-foreclosure by the due date in a notice of intention to foreclose letter sent by the creditor to the mortgage debtor in New Jersey using up the once every 18 month reinstatement privilege New Jersey offers the mortgage debtor? Basically what I’m... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 5, 2020

Your question(s)/statements are confusing and not legally or factually accurate. It sounds like you are playing Russian Roulette with a house that you cannot really afford, and could probably end up losing. You need to retain an experienced mortgage foreclosure defense and bankruptcy attorney, so... Read more »

View More Answers

2 Answers | Asked in Foreclosure for New Jersey on
Q: I am in NJ and I have an Estate Sale Company. I have a new client who is in forclosure and wants me to sell their poss

-essions including all light fixtures and builtin appliances. Is this legal and can I be sued by the bank for acting as an agent?

Derek John Soltis
Derek John Soltis answered on Dec 12, 2019

The thinking normally goes that until the house is actually foreclosed, the owners own the home. However, that is flawed. When someone strips the home, like you are suggesting, they can get in trouble. Many banks submit an insurance claim to the existing insurance company to cover any damage and... Read more »

View More Answers

1 Answer | Asked in Foreclosure for New Jersey on
Q: My Jersey City condo was foreclosed on and there were excess funds I would like to access. How do I start that process?

The bank foreclosed earlier this year. I was not involved at all. I had long vacated the property and was not healthy enough to follow-up with anything. The condo sold for more than the mortgage balance so there are funds that should be returned to me after their fees, etc. How do I start this... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Nov 22, 2019

You really need to retain an experienced New Jersey mortgage foreclosure defense attorney, so the attorney can obtain an accounting and the surplus funds that you are entitled to. This is not something that you can do on your own.

1 Answer | Asked in Foreclosure for New Jersey on
Q: Can a court award a quit claim without the grantor present?

My girlfriend is separated from her husband. The house mortgage is solely in his name, but they are both on the deed. He has defaulted on the mortgage and the lender has already started the foreclosure process. My girlfriend showed up to the first court appearance and told the lender that she would... Read more »

Derek John Soltis
Derek John Soltis answered on Nov 19, 2019

I am sorry to hear about your girlfriend's situation.

You need to have her talk to an attorney. There are too many things that are happening in the foreclosure to tell you to tell her what she needs to do. She needs legal advice based on her situation.

There are many...
Read more »

1 Answer | Asked in Foreclosure for New Jersey on
Q: Without my knowledge my mortgage amount went up. I am behind 2 months. They returned check and claim I'm in foreclosure

Due to a hardship years ago I fell behind my mortgage by 2 months. It remained that way for years. My town taxes went up by $47 Without my knowledge. Which caused my payment to go up. I didn't know it and sent in the normal payment which 2 weeks later was returned to me as a non full payment... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jul 25, 2019

Thank you for your service to our nation. In order to determine exactly what your situation is, an in person consultation and document review is essential. Do not waste your money with any non-attorney or forensic loan audit, they are both just different forms of con-artists. You will need to... Read more »

1 Answer | Asked in Foreclosure for New Jersey on
Q: 4 rentals and a primary residence in NJ were included in my bankruptcy in 2015. Foreclosure info is located where?

I'm trying to get a new mortgage, and the Florida mortgage company where I now live is asking me this information and wanting documentation. I don't know where to look to find it.

Derek John Soltis
Derek John Soltis answered on Jul 23, 2019

If you had an attorney they can pull your file for you. If you didn't have an attorney you can either go to the court to get a copy or reach out to a bankruptcy attorney and they can pull your filing. It costs $0.10 a page for an attorney to download documents from Pacer.

1 Answer | Asked in Foreclosure for New Jersey on
Q: sold l land in Atlantic City, NJ.I held a mortgage for $10k Buyer Stopped paying.What is the cost to foreclose

The land that I sold is located in Atlantic City, NJ. I live in Randolph NJ

Leonard R. Boyer
Leonard R. Boyer answered on Jul 16, 2019

There is not standard cost for a foreclosure. Each case and the time that is consumed varies. What also matters is the value of the underlying property. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a... Read more »

4 Answers | Asked in Bankruptcy, Foreclosure and Probate for New Jersey on
Q: What can I do to stop foreclosure on the house and settle parents' estates w/o taking on responsibility for their debts

that could potentially affect my credit. Both parents died in 2017 with NO wills. They both have massive amounts of medical debt and there is a mortgage on the home. I'd prefer not to move from the home and am named as an heir by the mortgage company (and named resident) and am contemplating... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 16, 2019

You can just pay the mortgage. The bank does not care where the cash come from. As to the debts, you are not liable personally. If the debt exceeds the asset value of the estate, there is no benefit to an estate.

View More Answers

1 Answer | Asked in Foreclosure for New Jersey on
Q: If property taxes were not paid and subsequently sold at tax sale, the tax lien holder pays the future taxes for 2 years

and then files for foreclosure, what happens when the property owner receives an "order setting date, time, place and amount of redemption" notice from the attorney representing the tax lien holder? Is that date really the last date the property owner can pay to redeem the property? Is... Read more »

Derek John Soltis
Derek John Soltis answered on May 25, 2019

When the judge signs the order the property is legally the tax lien holders.

Declaring bankruptcy can extend the time to get the money to pay of the tax lien.

It may be easier to get a hard money lenders to loan the money, and probably have a lower interest rate than the 18% that...
Read more »

2 Answers | Asked in Foreclosure for New Jersey on
Q: Trying to get a emergency stay on my home i lost to foreclosure. I have a 15 year old daughter with Autism and injured

Need help staying emergency

Derek John Soltis
Derek John Soltis answered on Mar 29, 2019

Is a sheriff sale scheduled? Did the home already sell and how long ago?

You need to speak to a foreclosure lawyer to go over your options. Waiting for answers online that cannot give you specifics is not going to help if your time is limited.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.