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Hi, The bank filed in 2010, and served me in 2012. The last payment to the mortgage was in Nov 2009. The bank has refused to grant a mortgage modification. They filed within the six years; but had not enforced the foreclosure. The for sale date is always rescheduled by them. Is the statute of... View More 
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answered on Jul 24, 2015
The statue of limitations is 6 years from the date of default. There is no statue of limitations defense based on the facts that you stated. You need to retain an attorney who has expertise in both mortgage foreclosure defense and bankruptcy. Good luck.
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answered on Jul 24, 2015
Please rephrase your question, it is too vague to answer.
House and spouse in NJ, I moved out of NJ to NC eight months ago.
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answered on Jul 23, 2015
When the Lender files a foreclosure complaint, you will be named in the complaint, so that will show up on your credit report. NJ law controls, and the house is a martial obligation. You need to retain an experienced NJ attorney that has experience in both mortgage foreclosure defense and divorce.... View More
Bank filed motion 4 Fin Jgmt. Ten days is allowed 4 Opp fr Df. Bank secretly obtains Writ fr clerk on Day 5 of motion protocol. Df timely files Opp & learns of Writ.
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answered on Jul 22, 2015
Unless you have extremely strong proof of fraud, you will not prevail. You also do not state why you believe there is a fraud. Banks do not secretly obtain anything in a legal proceeding. Everything is public record. You need to retain an attorney who is experienced in both mortgage foreclosure... View More
If the law requires in personnam service and plaintiff failed to do so, is that sufficient to get the complaint dismissed?
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answered on Jul 22, 2015
In New Jersey service of a Mortgage Foreclosure complaint by regular and certified mail is valid. You need to retain an experienced mortgage foreclosure defense attorney. This is too complex a situation for you to handle on your own. Good luck.
My bank filed foreclosure against my property in 2013. Then, the statute of limitation has ran on the foreclosure. Unfortunately, I did not use that as defense in my answer as I did not know about it. The bank brought a motion for summary judgement which was granted by the court. The bank is yet to... View More
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answered on Jul 22, 2015
You cannot use a statue of limitations defense. If the bank's motion is successful, the foreclosure action will be reinstated right where it was left off. There are other ways to stop a foreclosure. But every person's case and financial circumstances are unique, so you need to retain... View More
I have obtained a certified doc from the sec stating that pool and trust were closed before the judgement was entered and the endorsement on the note is a known robo signer ,
The plaintiff recorded the assignment the day after filing the complaint. The trustee could not be the trustee if... View More
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answered on Jul 22, 2015
If a Judgment was entered against you, it is too late to file a motion to vacate the Judgment. Your property was almost certainly sold at sheriff sale. There is a substantial amount of misinformation about mortgage foreclosure on the Internet. There are major differences between the laws of each... View More
My bank filed a foreclosure action against me in 2013 when the statute of limitation has ran against the foreclosure. I did not plead the statute of limitation in my answer because I did not know about it. The bank later filed a motion for summary judgement which the court granted. After that,... View More
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answered on Jul 22, 2015
Your friend is completely wrong. You can never ignore any legal proceeding. You need to retain an experienced mortgage foreclosure defense attorney. The attorney will determine if there is grounds to fight the motion. The attorney will also be able to discuss all your options. Remember, if you... View More
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answered on Jun 10, 2015
I have no idea what you mean by overcoming a foreclosure. There are several defenses to foreclosure. You need to consult with an experience mortgage foreclosure defense attorney to help you. Good luck.
They did this with the intention of trying to force me into foreclose which I'm trying to defend against by myself due to lack of money.
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answered on Jun 10, 2015
You need to supply more facts. However, the lender has a duty to mitigate damages, and most mortgages provide for a lender to pay property taxes. Paying property taxes and home owners insurance does not force someone into foreclosure, but not paying your mortgage will. Good luck.
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