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New Jersey Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for New Jersey on
Q: They have filed for final Judgement in foreclusure in Hudson County NJ. How long before I need to move.

On July 5, 2018, They have filed for final foreclosure in Hudson County. How long before I have to move. Can they just show up and lock me out of my home

Leonard R. Boyer
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answered on Jul 16, 2018

No they have to provide notice and you still have both time and options. You need to retain the right type of attorney to handle this matter for you. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly imagine.... View More

3 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: I fell behind on my mortgage payments, and my lender wants to foreclose !

My wife passed away and I fell behind on my mortgage payments. My lender wants to foreclose. So I filed chapter 13, I now have a job making plenty of money to pay my mortgage & the back arrears. My daughter just got a good paying job and my brother all who live with me are now helping me pay... View More

Timothy Denison
Timothy Denison
answered on Jul 13, 2018

Hire a competent bankruptcy attorney in NJ and your chances of retaining the home are pretty good if the income info is correct.

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3 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: Court hearing for Loan modification coming up !

My first lawyer told me to sign a paper which was a deal he made with the investor's lawyers to give me six months to sell my home. In the meantime I got a job that pays enough for the mortgage & the back arrears over a period of 55 months. Which I have been doing to bring my mortgage... View More

Timothy Denison
Timothy Denison
answered on Jun 11, 2018

Have your new lawyer look at it but you can likely avoid selling your house especially if you can prove your first lawyer had a conflict of interest with your creditors. You may be able to simply dismiss your bankruptcy and foreclose action by your creditors.

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1 Answer | Asked in Foreclosure and Civil Rights for New Jersey on
Q: .How long do I have to move out 2 months or 3 months and Why did new owner& realtor give me a notice to move b4 closing

The house is selling new owner wants my apt on 1st fl. I was told in nj I have 3 months to move from day of closing. The closing is literally 16 days from today and I have a notice at my door saying I have 2 months from today to vacate. is that legal to give me a move notice before actually... View More

Leonard R. Boyer
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answered on Jun 1, 2018

You need to retain an experienced mortgage foreclosure attorney/landlord-tenant attorney who can review your lease and the foreclosure documents and explain your rights. You should not be restricted by geographic factors. Pick the best lawyer you can find and remember one rule: a good lawyer... View More

1 Answer | Asked in Foreclosure for New Jersey on
Q: Can they have a sheriff sale on my home without notifying me?
Derek John Soltis
Derek John Soltis
answered on Apr 13, 2018

You need to talk to an attorney about the specifics of your situation. People have to be served prior to a sale. You may have a cause of action to stop the sale, but without specifics there is no way to know for sure.

1 Answer | Asked in Foreclosure for New Jersey on
Q: I have a foreclosure case that has no standing. I would like to file a motion to vacate judgment. Any takers with NJ lic

There has been a lot of fraud and cover ups. I found it all. No assigned note only half reassigned Mortgage. The case was opened under a bank that sold it 2 years prior. So much more.

Leonard R. Boyer
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answered on Apr 11, 2018

Justia policies preclude any type of direct solicitation. Your situation, complete with all your documents to substantiate your allegations requires an in person consultation. Obviously the Court, if you are correct, that a Motion to Vacate Judgment is required, there are certain standards you must... View More

2 Answers | Asked in Foreclosure for New Jersey on
Q: Am I legally bound to attend a Case Management conference?

He took out a mortgage and forged my name on it, so the lawyer represent the financial institution is suing me because I hold the deed and they are suing my husband, because he took loan out and forged my name. There is a case management coming up, I don’t have a lawyer represent me, am I legally... View More

Leonard R. Boyer
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answered on Apr 7, 2018

Then you need to appear and request more time to get an attorney. You need to retain an experienced mortgage foreclosure defense attorney. Trying to represent yourself in Court is a bad idea. Not only are you emotionally involved, but you are not a trained attorney. You do not know the Court Rules,... View More

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3 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: I filed for Chapter 13 to save my home, but got a great job and can now pay my mortgage !

I filed Chapter 13 bankruptcy to save my home. The investors who own my mortgage got their lawyers to find away around it and now want me to sell my home in six months or they will foreclose. In the mean time I got a job making three times as much as I was at my last job. I can now pay my mortgage... View More

Leonard R. Boyer
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answered on Apr 2, 2018

It is simple, the investors want to cash out, but depending on your total circumstances, retaining the right type of attorney will probably solve the problem. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly... View More

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1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: How to get someone off of a mortgage/deed that wants off and is not on the note?

My wife and I bought our house with her brother in 2009. He then got married and was buying a house so my wife and I had to refi which we did in 2013. Now we come to find out when we were foreclosed on recently he received the legal papers as well b/c he's still on the mortgage documents.... View More

Leonard R. Boyer
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answered on Mar 27, 2018

Your situation is not something that can be answered in this forum. You need an in person consultation. You need to retain experienced mortgage foreclosure defense counsel. Only a mortgage foreclosure defense attorney has the expertise to prevent you from having more problems than you can possibly... View More

1 Answer | Asked in Foreclosure for New Jersey on
Q: My house is already paid off and I like to buy a foreclosure home , but my current house is not sold yet what can do ?
Leonard R. Boyer
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answered on Mar 24, 2018

You can stop repeating this question and retain counsel, who can possibly help you.

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for New Jersey on
Q: My deceased sister's house is up for Auction.

Filed but now dismissed. I am the only heir. If I get administrator from surrogate

Court - can I then stop the auction this is in Union county NJ b

Derek John Soltis
Derek John Soltis
answered on Mar 5, 2018

You will need to move quickly. As of 2014, the Consumer Financial Protection Bureau has a rule that makes it easier for anyone who inherits a home to get on the mortgage and qualify to make payments. Federal law also prohibits lenders from requiring the loan to be paid in full whenever a mortgage... View More

1 Answer | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: I filed for Chapter 13 bankruptcy. Now I have a job making three times as much as I was, will this help ?

I filed for chapter 13 bankruptcy. Now I have a job making more then enough money to pay my mortgage. I have a attorney who just gives me yes or no answers. My lender (investors) told me I have six months to sell my home or they will foreclose. Shouldn't the NEW job and larger income help me... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 1, 2018

You need to retain the right type of attorney to handle this case. Only a mortgage foreclosure defense and bankruptcy 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 best way to... View More

3 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: I filed for Chapter 13 bankruptcy and some how my Lenders Lawyers found a way around it.

I filed for Chapter 13, but some how my Lender's lawyers found a way around it, now they are giving me 6 months to sell my home or they said, they will sell it at Sheriff's sale. I tried everything from talking to the investors to trying to get a loan modification and even tried to get... View More

Matthew Valley
Matthew Valley
answered on Feb 18, 2018

This is really a question you should be asking the lawyer handling your bankruptcy. They should have an answer.

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2 Answers | Asked in Foreclosure for New Jersey on
Q: My wife and I just got served with papers for a foreclosure on a house that her sister and deceased father own.

They say my wife is her fathers heir so she is also responsible and so am I since I am her spouse. This house is located in the state of New Jersey.

Are we responsible for a mortgage that we never signed for?

Derek John Soltis
Derek John Soltis
answered on Feb 14, 2018

You are not responsible, however your wife would have the option of being a part owner subject to the mortgage since her father passed. If the house could be sold for a profit and pay off the mortgage your Wife would be able to share in that money.

If your wifewants nothing to do with the...
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1 Answer | Asked in Foreclosure for New Jersey on
Q: I own a second home in New Jersey and am 120 days late on the mortgage. How long does it take for a foreclosure to happe
Derek John Soltis
Derek John Soltis
answered on Feb 12, 2018

The fastest NJ foreclosure I have seen was about 180 days. The longest has been close to 6 years. It really comes down to the competency of the law firm foreclosing and the defense that is put up against the attorneys foreclosing.

So incompetent attorney versus competent attorney equals...
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1 Answer | Asked in Foreclosure and Wrongful Death for New Jersey on
Q: I want to get justice for someone killing my step-dad and need a lawyer but i have no money. i need help
Peter N. Munsing
Peter N. Munsing
answered on Feb 2, 2018

Contact a member of the NJ Assn for Justice. Understand if it was a murder, chances are it will not make sense to sue the person that did it, unless someone else is involved, because there will be no money to get at the end from which to pay the lawyer--people that murder usually don't have... View More

1 Answer | Asked in Foreclosure for New Jersey on
Q: My home was foreclosed on and i have an eviction date in 6 days. Can i request a stay of eviction from the court?

There are no affordable rentals in or around the town my 3 children go to school.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2018

You can certainly try, however even if you are successful, that will only be for a brief period of time. You need to file a Chapter 7 Bankruptcy to eliminate the personal liability for this debt and other dischargable debts.

1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: How can I find cases on the coversion of equity doctrine?
William N. Sosis
William N. Sosis
answered on Jan 31, 2018

You probably don't have access to LexisNexis or WestLaw so try https://scholar.google.com. Click on the "Case Law" and "New Jersey courts" radial buttons. Search for "doctrine of equitable conversion" OR "equitable conversion doctrine". After hitting... View More

1 Answer | Asked in Foreclosure, Land Use & Zoning, Real Estate Law and Tax Law for New Jersey on
Q: Tax sale foreclosure in NJ: On only 1 of 2 lots which combined makeup prop address. Can foreclose addres inc both lots?

lienholder has lien on 1 landlocked, 2nd lot vacant, driveway. Twp merged 2nd lot with abutting lot which is also undersized vacant lot under Doctrine of Mergers. Lienholder Complaint foreclosing prop address which includes both lots.

I argued with twp assessor this was not correct app of... View More

Derek John Soltis
Derek John Soltis
answered on Jan 29, 2018

You need to speak to an attorney. You have very complicated issues surrounding your property, and no attorney is going to be able to guide you through how to solve your problem without first reviewing your file. Reach out to an attorney who focuses on tax liens and real estate.

1 Answer | Asked in Consumer Law, Foreclosure, Real Estate Law and Collections for New Jersey on
Q: in NJ, how long does junior lien holder have to sue after foreclosure by 1st position lienholder on RENTAL property?

I had a rental property that was sold at sheriff sale in NJ--foreclosed on by first mortgage co. I know that NJ statute N.J.S.A. 2A:50-8 says that the junior lien holder only has 1 year to sue or debt is time barred. However, does this statute only apply to property that was primary residence... View More

Leonard R. Boyer
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answered on Jan 28, 2018

What you really need to be concerned about is filing a Chapter 7 Bankruptcy to wipe out any personal liability for your debts. You have been lucky so far, but don't push your luck. Chapter 7 Bankruptcy is not simply filling out forms. Trying to handle this matter yourself is not wise. You do... View More

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