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New Jersey Foreclosure Questions & Answers
2 Answers | Asked in Banking, Real Estate Law, Foreclosure and Landlord - Tenant for New Jersey on
Q: Will i qualify for a bana fide lease in nj if..

My family and i moved into a town house in nj back in july. My landlord as of now no longer owns the property it was forclosed and the bank owns it. The sheriffs sale was aug. 24 but i guess noone bought it and now the bank owns it as of sometime in sep. We received a notice from the banks lawyer... View More

Derek John Soltis
Derek John Soltis
answered on Oct 3, 2017

You should sit down with an attorney to go over your rights. It sounds like your former landlord is out of the picture, and you now have the bank as your landlord. You have options.

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2 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for New Jersey on
Q: How common are deficiency judgments on foreclosed homes? The home was included in bankruptcy. I have no money to pay.

If there was a judgment, I could not afford to pay it back with all my expenses.

Derek John Soltis
Derek John Soltis
answered on Oct 3, 2017

If you were in bankruptcy and received a discharge, then you are not going to be facing a deficiency judgment.

Many banks do not pursue deficiency judgments unless they are sure it will be profitable for them.

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1 Answer | Asked in Contracts, Foreclosure and Landlord - Tenant for New Jersey on
Q: Is homelessness a good reason to request a stay
Leonard R. Boyer
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answered on Sep 17, 2017

You can certainly try, but the facts and circumstances of your situation, which you do not disclose will also be relevant to any decision. Good luck.

1 Answer | Asked in Foreclosure for New Jersey on
Q: can a second mortgage holder claim to be processing foreclosure when first mortgage provider is being paid
Derek John Soltis
Derek John Soltis
answered on Sep 6, 2017

Yes, a second mortgage can foreclose. This normally happens there is enough equity in the home that the first mortgage and second mortgage would both be paid if there was an auction.

1 Answer | Asked in Foreclosure for New Jersey on
Q: I am already in a bankruptcy yet I want to sue Citi Mortgage for all their wrong doing with my file. Can someone help?

Citi Mortgage has done me dirty not once, but twice. I did own two homes and I'm about to own zero. I want to sue them I understand a suit was filed in the US District Court of NJ already. I can't see just sitting back knowing what they are doing is criminal. I want to put a stay on... View More

Leonard R. Boyer
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answered on Sep 5, 2017

If you are already in Bankruptcy and represented by counsel, then your questions must be directed to your attorney. If you do not have an attorney, you need to retain an attorney who practices both mortgage foreclosure defense and complex Chapter 13, so you MAY have a chance to save at least one of... View More

1 Answer | Asked in Foreclosure for New Jersey on
Q: My house foreclosure sale was two days ago. How can I get my house back. I'm desperate, please help !!!!!!!

I filed bankruptcy the morning of the sale. But, it's still went through for sale. I have filed for bankruptcy before in the past, and was unable to follow through and complete the paperwork and process because of severe Mental and physical health issues that made very hard for me to keep... View More

Leonard R. Boyer
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answered on Aug 26, 2017

The only thing you can do at this point is pay that total amount due. If you did not file your Bankruptcy petition the right way or filed the wrong Chapter, then you prevented yourself from having a positive result. You also mentioned that you filed Bankruptcy before which could have also caused... View More

2 Answers | Asked in Foreclosure for New Jersey on
Q: I haven't paid my mortgage in over 5 years in NJ. Is there a statute of limitations for debt owed?

House is up for Sheriff Auction on 9/12/17

Leonard R. Boyer
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answered on Aug 22, 2017

There is no statue of limitations defense available to you at this point. Your only chance to save your home (provided that you have sufficient income) is a Complex Chapter 13 Bankruptcy and a loan modification through the Bankruptcy Court's mortgage modification program. But after 5 years of... View More

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1 Answer | Asked in Foreclosure for New Jersey on
Q: Need attorney to work with me, on SSDI, facing foreclosure, served papers, Nationstar refused payment. & modification.

In Dec. 2016, Nationstar Mortgage refused to accept my payments to bring account current in Dec. 2016. I’d missed Oct. & Nov. payments, due to reduced income of my contributor/son. Earlier in the year I completed 3 month trial payments for a modification. I was told my modification... View More

Leonard R. Boyer
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answered on Aug 17, 2017

I am sorry to learn about your ordeal. 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 handle this is with an in person... View More

2 Answers | Asked in Foreclosure for New Jersey on
Q: How do you request a financial disclosure from a Judge prior to a Foreclosure hearing ?
Leonard R. Boyer
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answered on Aug 12, 2017

You do not request financial disclosure from a Judge. Your question shows that you have no idea what you are doing.

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, Rules of...
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1 Answer | Asked in Foreclosure, Collections and Real Estate Law for New Jersey on
Q: assoc filed lien against my property 2547.00 of which 1240.00 for assoc. and 70.00 late fees & 700 fine468 legal

now they are sending a letter to pay them 2100 in legal fees is that reason or can they charge whatever they want.

Derek John Soltis
Derek John Soltis
answered on Jul 26, 2017

What they can charge is based on the bylaws for the HOA and what a court would consider reasonable. You may want to bring a copy of the bylaws and the court paperwork to an attorney for review.

1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for New Jersey on
Q: If my friend buys my house at a sheriff sale can I still live in it.

A paralegal tells me I can not as this would be fraud. That sounds ridiculous to me as anyone can buy at a sheriff sale and how can they dictate who can live in the home thereafter. We are not relayand his name was never on any loans utilities etc

Derek John Soltis
Derek John Soltis
answered on Jun 17, 2017

Any one that wins the house at auction from a sheriff sale becomes the owner of the house as long as they pay the balance owed to the sheriff on the auction. Yes, fraud does happen at sheriff auctions, but without knowing the specifics of your deal with your friend I would not make a blanket... View More

1 Answer | Asked in Probate and Foreclosure for New Jersey on
Q: Final judgment has been granted in a foreclosure in Bergen County. The home equity loan was booked in the names

of two brothers - one deceased the year of the foreclosure. Can the surviving brother sue the estate of the other brother for partial repayment of the unpaid balance on the loan?

Leonard R. Boyer
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answered on Apr 10, 2017

A Final Judgment of foreclosure can sometimes be vacated based on excusable neglect. You need to retain the right type of attorney and there are not many of them. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Stockbroker Fraud for New Jersey on
Q: 3 offers in on a home - now hear none have been put to the bank buy seller's agent. No offers accepted prior.

Property is 3rd party approval and agent is claiming bank's online system doesn't allow more than 1 offer to be viewed at a time. We (and our agent) thought all offers has been put forward. What recourse do we have? We are now above asking price.

NJ, Real estate, 3rd party approval

Derek John Soltis
Derek John Soltis
answered on Mar 26, 2017

You really need to speak with an attorney. You have too many moving parts in what appears to be a short sale to get useful advice that would apply to your specific situation from a free advice website. When do you need to close by? What is the bank telling you? Are you scheduled for a sheriff sale?

2 Answers | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: I was working with CDS LAWYERS in Irvine, Ca for a Mortgage modification. now they won't return my calls.

I have been working with CDS LAWYERS for about a year now trying to get a mortgage modification after my wife passed away. One of the first things the lawyer told me was that I should NOT have any contact with the bank and everything should go through them. I kept in touch with them about every two... View More

Leonard R. Boyer
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answered on Mar 25, 2017

I am very sorry for the passing of your wife and having to deal with that, on top of being scammed. I have no clue why you would use any firm or company other than a licensed NJ attorney who specializes in Mortgage Foreclosure Defense, Complex Chapter 13 Bankruptcy and loan modification. This past... View More

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1 Answer | Asked in Foreclosure for New Jersey on
Q: Nj foreclisure substitution of attorney was done for summary judgnent now they switched attorney back to original is ok
Leonard R. Boyer
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answered on Mar 19, 2017

It does not matter who the lender's attorney is. What matters is that you have the right type of attorney if you want to save your home. So I strongly urge you to retain counsel Monday. Only a mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having... View More

1 Answer | Asked in Foreclosure for New Jersey on
Q: hi i field bankruptcy in 09 chapter 11 and i had foreclosure on the house that has been sold with surplus. can second

mortgage make claim on the surplus money if they have been foreclosed by the first mortgage in NJ

Derek John Soltis
Derek John Soltis
answered on Mar 2, 2017

As a secured creditor, the second lender is entitled to whatever portion of the surplus covers the money you owed.

1 Answer | Asked in Real Estate Law and Foreclosure for New Jersey on
Q: If a Final Judgement is granted in a NJ foreclosure, does the borrower still have the opportunity to enter into a short

sale? If yes, would the Final Judgement than be vacated? Thank you.

Ben F Meek III
Ben F Meek III
answered on Feb 24, 2017

Doubtful. If the lender has already reduced the debt to judgment foreclosing all other interests in the house, all they have left to do is sell the house and determine the debtor's deficiency. They pay themselves and still have a debtor to answer for the deficiency. Until the sale, there... View More

2 Answers | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: Hello I moved in with a friend 5years ago he passed away. I'm still in house can I sell it. Im not on deed.

But its in foclosure im not sure what to do,

Please help. S.S.

Leonard R. Boyer
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answered on Feb 22, 2017

You need to retain the right type of attorney to handle this situation 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. To properly answer your questions and address your concerns, the best... View More

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1 Answer | Asked in Foreclosure and Real Estate Law for New Jersey on
Q: I am on the deed but not on the loan that was foreclosed can I still be approved for a mortgage?

the mortgage is under my wifes name. im on the deed were in forclosure with no sale date. i have my 2 years employment. & my credit is 690. i need to buy a house will being on the deed give me a problem?

Leonard R. Boyer
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answered on Feb 12, 2017

You will just have to apply for a mortgage loan and find out.

2 Answers | Asked in Foreclosure for New Jersey on
Q: How am i able to reverse a file on a complaint for foreclosure
Derek John Soltis
Derek John Soltis
answered on Feb 7, 2017

Can you provide more information on what you need to have done? Your question is fairly open ended. I recommend you call an attorney for a free consult to go over your matter.

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