NJ Foreclosure Prevention & Defense – It Is Really Complicated

We have represented clients faced with foreclosure for over four decades.   Foreclosure prevention and defense has grown more complicated during that time,  but one thing has not changed. Your best chance of preventing foreclosure and a sheriff’s sale  is to be represented by attorneys who are foreclosure prevention experts.  A foreclosure defense lawyer can identify your legal rights and effectively use remedies such as mortgage modification, mortgage mediation, Chapter 13 Plans to repay arrears or to strip  off home equity loans and second mortgages.  Unfortunately we estimate that less than half of those who would very substantially benefit if they were represented by a foreclosure defense attorney, don’t retain a lawyer.  Listed below are some reasons that those who say they want to avoid foreclosure don’t retain a foreclosure defense attorney.

  1. Reading About Foreclosure on the Internet Being Served With Foreclosure Complaint and Filing an  Answer Yourself.  Your chance of success is probably greater than if you read about brain surgery on the internet and then operated on yourself – but not that much greater.
  2. Taking ‘ Legal Advice‘  From a Real Estate Agent.  This happens a lot because real estate agents only get paid when they sell a property and therefore always think a Short Sale is a great idea. They generally don’t know anything about foreclosure remedies and the tax consequences of a short sale and compensate for their lack of knowledge by making stuff up.
  3. Believing a Scam Artist Who Can Guarantee to Save Your Home.  The New Jersey State Department of Banking and Insurance recently issued a warning about  “… a new type of business which purports to offer “loss mitigation consulting,” “foreclosure prevention,” “mortgage loan modification,” and similar services”.  read more
  4. The “Titanic – Better Lifeboat” Syndrome.Imagine a passenger on the sinking Titanic who is offered a place on a lifeboat. What guarantee, the passenger asks, can be offered that getting into the lifeboat will prevent him from drowning. Hearing the response that none can be offered, but that getting into the lifeboat will certainly improve the chances of not drowning, the passenger responds that he needs to think about it because he has heard that there are better lifeboats out there.

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