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...

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New Jersey Foreclosure Dismissed Based on Statute of Limitations: The “Free House” Debate Continues
New Jersey Foreclosure Dismissed Based on Statute of Limitations: The “Free House” Debate Continues

A Bergen County New Jersey Chancery Court has dismissed a mortgage foreclosure action ruling that the action was filed outside the Statute of Limitations.    See Anim Investment Co. v. Shaloub, F-30508-18 (Ch. Div. June 30, 2016).  Bergen County Superior Court...

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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...

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New Jersey Foreclosure: Vacant and Abandoned Property
New Jersey Foreclosure: Vacant and Abandoned Property

As we all know, the housing crisis that begin in 2008 had many crippling effects on the U.S. economy as a whole and New Jersey in particular.  The New Jersey Courts attempted to combat many aspects of the mortgage foreclosure...

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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...

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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...

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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,...

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Bankruptcy & Foreclosure Prevention: Avoiding Claims for Forced Placed Insurance
Bankruptcy & Foreclosure Prevention: Avoiding Claims for Forced Placed Insurance

A decision of the United States Bankruptcy Court for the Western District of Pennsylvania provides a clear example of why homeowners who become delinquent on their mortgage payments and seek to find a remedy to prevent the loss of their...

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Short Sales Benefit Realtors But Homeowners Should Consult Experienced Attorney
Short Sales Benefit Realtors But Homeowners Should Consult Experienced Attorney

Short Sales Benefit Realtors But May Not Benefit Homeowners Who Should Be Fully Informed About Alternatives Such As Chapter 7 Bankruptcy and the Possible Tax Consequences of a Short Sale Nearly every homeowner facing foreclosure receives notices from their mortgage...

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Mortgage Forgiveness Act Exemption Expired on December 31, 2013 And May Have Major Impact on Homeowners Decision to Pursue Bankruptcy in Foreclosure
Mortgage Forgiveness Act Exemption Expired on December 31, 2013 And May Have Major Impact on Homeowners Decision to Pursue Bankruptcy in Foreclosure

Since 2007, homeowners who conducted short sales and other loss mitigation alternatives on their properties were able to exempt any income associated with their mortgage company's write-off of any debt under the federal mortgage forgiveness act.    However, Congress allowed the...

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