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New Jersey Foreclosure Questions & Answers
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

1 Answer | Asked in Contracts and Foreclosure for New Jersey on
Q: signing contract auction.com foreclosure before title results.

Hi, i won a bid on auction.com for a foreclosed property the property is being sold as is where is, i would like to know when i need to have a title (i conducted a title search but it still didnt come back) from one side i dont want to lose the deal in the other hand im scared of signing contract... View More

Leonard R. Boyer
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answered on Jan 24, 2018

Any time, prior to purchasing a foreclosure, you need to retain an experienced mortgage foreclosure defense attorney, who will have the expertise to help you avoid problems with foreclosed properties, which can have devastating financial consequences for the uneducated and unprepared. To properly... View More

2 Answers | Asked in Foreclosure and Landlord - Tenant for New Jersey on
Q: The home I've been renting is gonna sell in a sheriff sale . Should I continue to pay the rent? Or should I just move

I've been in the HOME for 3 years and never missed my rental payment. I have a lease that expires May 31 2018. Do I stay and honor that lease and pay rent for property that's up for a sheriff sale. Or can I break my lease and move

Derek John Soltis
Derek John Soltis
answered on Jan 18, 2018

Your lease protects you. The buyer of the foreclosure sale will have to honor it. He would even be on the hook for your security deposit. Once your lease expires you would then become a month-to-month tenant of the new landlord. At this point, the new owner may request a rent increase. It is... View More

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2 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: I filed Chapter 7 bankruptcy in NJ and was discharged 08/2010. I included my mortgage (surrendered it).

I moved out of the house 05/2011. I moved to Tx 3 years ago. I was in the process of buying a house and just found out that the said property went into pre foreclosure 08/2014, it is still under pre foreclosure. I can't get a mortgage because the title is still under my name. My question is,... View More

Leonard R. Boyer
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answered on Jan 16, 2018

You need to retain an experienced NJ mortgage foreclosure defense attorney to handle this matter for you. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.

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2 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: The Trustee in my Chapter 7 said my case will be closed in 30 days. But I have not received discharged Papers

I filed Chaper 7 not keeping the home as it is underwater. Trustee said case will be closed in 30 days but I have not seen discharge papers am I still obligated to pay mortgage. The mortgage company just sent a order for hearing to remove the stay, date of this hearing is in 25 days. I thought I... View More

Michael David Siegel
Michael David Siegel
answered on Jan 9, 2018

If you want to stay in the house you need to pay. If you do not, then you do not. The clerk at holiday time takes a little more than 30 days to process papers.

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1 Answer | Asked in Foreclosure for New Jersey on
Q: we are $8200 backed up on mortgage , we tried to pay mortgage company they told us to talk to their attorney not them ?

mortgage companies attorney wants $10,200 not $8,200 we owe , says penilties etc... but we have been trying to pay backed amount owed since December 2017 mortgage company statement issued $8200. This attorney keeps giving us the run around saying he will call us back and ever does . We are scared... View More

Derek John Soltis
Derek John Soltis
answered on Jan 3, 2018

You have several options. I recommend speaking to an attorney directly about your specific issues. Most foreclosure defense law firms will give you a free consultation specific to your situation if you call.

1 Answer | Asked in Foreclosure for New Jersey on
Q: I have an urgent foreclosure issue. My wife and I are medically unable to work presently, I inherited a condo in Howell

The condo has a reverse mortgage from my mother, the condo has equity left over after mtg payoff. They want to begin foreclosure process 12/20/17. I need to negotiate to stop immediate foreclosure and allow us 6-9 months to sell the condo. We have no other assets.They won't give me a... View More

Derek John Soltis
Derek John Soltis
answered on Dec 18, 2017

Fortunately, the bankruptcy process is not fast. It can be completed in roughly 180 days. If you hire an attorney the time will be expanded if you exercise all of your rights for the proceedings. Most foreclosure attornies will give you a free consult and walk you through all of your options.

1 Answer | Asked in Foreclosure for New Jersey on
Q: My cousin os trying to evict me from a home that is in foreclosure. There is no lease for either one of us.

We both moved into a home with intentions on renting. The home ended up being put into foreclosure before any lease was signed. The bank now owns the home. He is stating he is my landlord and he is trying to evict me from a home no one legally obtains but a bank. Can he proceed and take me to... View More

Leonard R. Boyer
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answered on Dec 11, 2017

You need to at least consult or retain the right type of attorney. You need to retain an experienced mortgage foreclosure defense attorney or a landlord tenant attorney to learn exactly what your rights are. This is not something that you can handle on your own, or get precise answers in an on line... View More

3 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: I filed a chapter 7 and do not want to keep the home. Was I suppose to include the Foreclosure Court on mailing matrix?

I did not reaffirm the home in Chapter 7. Foreclosure Court said they were not aware of the Filing. Was I suppose to include them on the mailing matrix. I need the stay there so they do not proceed with foreclosure at this time. The only thing I received was the initial complaint months ago from... View More

Michael David Siegel
Michael David Siegel
answered on Dec 11, 2017

You were not supposed to include the court. You were supposed to include the bank's lawyer in the case. Send the Notice of Filing to them as you proposed. The matter should be stayed until your case is over.

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1 Answer | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: I need a Pro Bono Bankrupty Attorney

I already filed bankrupty Pro Se. And had my Hearing. But I need an attorney to tie up the loose ends. And I need them Pro Bono

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Dec 11, 2017

Contact the Bankruptcy Court. they can give you Pro Bono hotline

1 Answer | Asked in Foreclosure for New Jersey on
Q: I missed a Case Management Conference for Foreclosure. Can they get a judgement that day?
Leonard R. Boyer
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answered on Dec 1, 2017

No! They cannot do so. A Case Management Conference is just about scheduling.Do not even think of handling a mortgage foreclosure case on your own, or there will be grave consequences. Only a mortgage foreclosure defense has the expertise to prevent you from having more problems than you can... View More

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for New Jersey on
Q: As a mortgagee what is the procedure to fully execute a deed in lieu of foreclosure when the mortgagor is in default?

This is in regards to a commercial mortgage held in New Jersey. I'd also like to know how long this process takes and how much time the mortgagor has to fight it/draw out any proceedings.

Leonard R. Boyer
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answered on Nov 19, 2017

Mortgage foreclosure is a very technical area of law. It requires a lender who forecloses on a property to follow very strict procedures. If you do not retain mortgage foreclosure counsel, you will probably not be able to successfully foreclose.If the borrower retains experienced mortgage... View More

2 Answers | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: A home that I was on deed and in process of putting my name on mortgage my lawyer did not file proper papers house sold

Is there anything I can do?

Derek John Soltis
Derek John Soltis
answered on Nov 18, 2017

You should talk with an attorney as soon as possible that understands foreclosure law and bankruptcy. You may be able to redeem your home, but your time is limited.

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2 Answers | Asked in Foreclosure, Municipal Law and Real Estate Law for New Jersey on
Q: An 81 year old woman hoarder has been cited by Barrington NJ health department, but can't afford to clean up property

She lives on Camden Police pension and VA disability pension with no savings. She has reverse mortgage probably with negative equity. How can she get out of the property ownership and avoid being continually fined for it's violations.

Michael David Siegel
Michael David Siegel
answered on Nov 9, 2017

She can just walk away and move.

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1 Answer | Asked in Foreclosure for New Jersey on
Q: Is there any way I can check the status of a notice of motion for disbursement of surplus money pursuant to rule 4:64-3
Leonard R. Boyer
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answered on Nov 3, 2017

Call the Court and/or the Sheriff's office and ask. Or you can you retain counsel to handle this for you.

1 Answer | Asked in Bankruptcy, Foreclosure and Landlord - Tenant for New Jersey on
Q: Landlord does not have my security, should I just let her take me to court?

Thank you Mr. Siegel - the landlord does not have my security, she told me a long time ago. Should I just let her take me to court and then let the judge know I have the rent just didn't know who to pay? She keeps texting me the notice from the foreclosure papers telling me I need to still... View More

Michael David Siegel
Michael David Siegel
answered on Nov 2, 2017

Let her take you to court, but be prepared to pay rent to somebody. Do not blow the rent money so when time comes to pay, you have it.

2 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: owner in foreclosure - she told me to hold rent, now she wants me to pay her legal fees to file bankruptcy, what to do?

owner in foreclosure, she told me to stop paying her, to save my money just in case. Now she wants to file bankruptcy to delay the process and asked me and the other tenant to pay $1000 to pay her legal fees, not for rent. I refused and now she is threatening to evict me and harassing me via... View More

Michael David Siegel
Michael David Siegel
answered on Nov 2, 2017

Do not pay her. You can take her to court for the security if you are allowed to have it. It depends on when your lease is up. If she is harassing you then you can report it to the police. Legally, you are best to write her and tell her in light of the foreclosure you will escrow the rent until... View More

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1 Answer | Asked in Foreclosure for New Jersey on
Q: My mother (deceased) as primary signer my brother cosigned for a property. Now in foreclosure. As sister can I be sued?

The property is in NJ. My deceased mother and brother signed for the property. He let the property go into foreclosure. Now myself, my sister and other brother are being sued. We have no interest in this property. Is this possible without a legal document showing we have interest in it?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 31, 2017

You really should ask this question in Justia › Ask a Lawyer › New Jersey › Foreclosure, because the laws there may be different. But yes, it is likely that you were properly sued because you co-signed the mortgage note. If, in the foreclosure, the property is sold for less than what is... View More

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