Preventing Foreclosure and Eviction Through Chapter 13 Bankruptcy
Preventing Foreclosure and Eviction Through Chapter 13 Bankruptcy

Chapter 13 bankruptcy is not just a mechanism for debt restructuring—it’s also a crucial strategy for homeowners facing the distressing prospect of foreclosure or eviction. Chapter 13 bankruptcy offers a structured approach to not only halt these proceedings but also...

READ MORE
New Jersey Foreclosure: 2020 Update
New Jersey Foreclosure: 2020 Update

New Jersey Foreclosure Process Several years ago, we published a post called New Jersey Foreclosure: From Complaint to Sheriff’s Sale which turned out to be one of our more popular posts. Since there have been many changes in the foreclosure...

READ MORE
New Jersey Foreclosure:  Sheriff Sale Adjournments
New Jersey Foreclosure: Sheriff Sale Adjournments

Effective July 2019, Critical changes to NJ Law on Adjournments of Sheriff Sales For many years, New Jersey property owners who wished to adjourn - or delay - a Sheriff’s Sale of their property acted under a long-standing New Jersey...

READ MORE
New Jersey Foreclosure Defense 101 – Pro Se Answer to Foreclosure Complaint Is Almost Always Useless at Best
New Jersey Foreclosure Defense 101 – Pro Se Answer to Foreclosure Complaint Is Almost Always Useless at Best

  Most Pro Se Answers Filed by Defendants in New Jersey Foreclosure Proceedings Are a Waste of Money and Precious Time Defendants in New Jersey foreclosure proceedings sometimes file a a pro se answer to the foreclosure complaint without consulting...

READ MORE
The Strategic Use of Bankruptcy by Debtors  – Gawker Media Files Chapter 11 Bankruptcy and Buys Time
The Strategic Use of Bankruptcy by Debtors – Gawker Media Files Chapter 11 Bankruptcy and Buys Time

The United States Bankruptcy Code is a powerful tool which, when used expertly, can provide the most precious remedy debtors who cannot pay their current obligations can possess - time.  The remedy of time is not limited to sophisticated large...

READ MORE
NJ Foreclosure Defense:  Violations of the Truth in Lending Act (TILA) as a Defense to Foreclosure
NJ Foreclosure Defense: Violations of the Truth in Lending Act (TILA) as a Defense to Foreclosure

Violations of the Truth in Lending Act (“TILA”) as a Defense to Mortgage Foreclosure Limited to Three Years After the Date of the Loan The Truth in Lending Act (“TILA”) was enacted by Congress "to assure a meaningful disclosure of credit...

READ MORE
One Bankruptcy Petitioner Avoided Foreclosure and Got a Free House – But Don’t Get Your Hopes Up that You Can You Get One Too
One Bankruptcy Petitioner Avoided Foreclosure and Got a Free House – But Don’t Get Your Hopes Up that You Can You Get One Too

Our Office received a call recently from a property owner who had New Jersey Bankruptcy Court decision which awarded a free house to a Chapter 13 Bankruptcy petitioner.  He was convinced that the case he had read about was exactly...

READ MORE
Foreclosure Defense – Four Frequently Made Mistakes by Homeowners Seeking to Prevent the Loss of their Home
Foreclosure Defense – Four Frequently Made Mistakes by Homeowners Seeking to Prevent the Loss of their Home

Foreclosure defense and bankruptcy lawyers are - in one very important way - like plumbers.  It is almost always true that the sooner you hire one, the the better the result of the work they do.  People facing foreclosure often...

READ MORE
Loan Modifications: Freddie Mac Announces Increase in Standard Interest Rates for Modifications
Loan Modifications: Freddie Mac Announces Increase in Standard Interest Rates for Modifications

Freddie Mac has announced that the base interest rates on Freddie Mac Standard Loan Modifications and Streamlined Modifications will increase for the first time in several years effective April 14, 2015.  See here.   Effective April 14, 2015, the base rate...

READ MORE
Use of the Truth in Lending Act as a Defense to Foreclosure Limited by the Three Year Notice Provisions of the Act
Use of the Truth in Lending Act as a Defense to Foreclosure Limited by the Three Year Notice Provisions of the Act

The Truth in Lending Act, 15 U.S.C. §1601 et seq (TILA) was intended to protect consumers in consumer credit transactions and requires that lenders provide consumer borrowers with full disclosure of the terms and conditions of the loans they make,...

READ MORE