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...

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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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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...

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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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Foreclosure Q & A : Mortgage Loan Servicers – What NJ Home Owners Seeking Mortgage Modification to Prevent Foreclosure Need to Know About Them
Foreclosure Q & A : Mortgage Loan Servicers – What NJ Home Owners Seeking Mortgage Modification to Prevent Foreclosure Need to Know About Them

If you are homeowners who are attempting to prevent foreclosure by obtaining a loan modification, you are almost certainly dealing with mortgage servicer.   Virtually every client who had retained us after attempting to work out a loan modification with a...

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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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NJ Mortgage Foreclosure Case Highlights Limitations to “Foreclosure Defense”
NJ Mortgage Foreclosure Case Highlights Limitations to “Foreclosure Defense”

A recently announced New Jersey Appellate Division case highlights some limitations to proceeding with "foreclosure defense" tactics.    In Wells Fargo Bank N.A. v. Lopez, No. A-2399-11T4. the Superior Court of New Jersey, Appellate Division, in an opinion decided March 28, 2013, found that...

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Banks Accused of Massive Scheme of Foreclosure Fraud & Perjury
Banks Accused of Massive Scheme of Foreclosure Fraud & Perjury

Will Home Owners Seeking Mortgage Modification Benefit As Result of Accusations that Banks and the Lawyers Who Represent Them Engaged in a Massive Scheme of Foreclosure Fraud & Perjury to Circumvent the Laws that Govern Foreclosure. Employees of mortgage foreclosure...

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