NJ foreclosures plunge by 73 percent

Thursday, January 12th, 2012 at 11:09 am  
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According to an article in New Jersey newspaper The Record , on January 12, 2012, written by staff writer Kathleen Lynn :

“Foreclosure activity plunged by 73 percent in New Jersey, and about a third nationwide, in 2011, as questions about legal documentation held up lenders’ efforts to take back the homes of borrowers in trouble, RealtyTrac said Wednesday.”

The reason for the decrease is not due to fewer people falling behind , she explains further:

New Jersey lenders have held off on foreclosures because they are awaiting a state Supreme Court decision on a case, U.S. Bank vs. Guillaume, that involves a foreclosure challenged by a homeowner who said the lender violated the state Fair Foreclosure Act because it didn’t properly identify itself.

“What happens if they take someone’s house, and it turns out they didn’t have the legal basis to do that?” asked Joshua Denbeaux, a Westwood lawyer who represents homeowners in foreclosure cases.

Josh Denbeaux NY Foreclosure Attorney
“There’s going to be an enormous onslaught of foreclosure filings.”

It’s not clear when a decision will come on the Guillaume case. Denbeaux predicted that once these issues are resolved, “there’s going to be an enormous onslaught of foreclosure filings.”

The entire article is available by clicking here.

Ben Bernanke and the Federal Reserve Bank Explain that Lenders And Servicers Share Responsibility as Key Contributors to the Foreclosure Crises

Tuesday, January 10th, 2012 at 5:02 pm  
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Ben Bernanke and the Federal Reserve Bank Explain that Lenders And Servicers Share Responsibility as Key Contributors to the Foreclosure Crises.

 By: Adam Deutsch, Esq.

 Last week the Federal Reserve Bank (“FED”) published its latest report looking into the foreclosure crises across America.  In part, the paper seeks to offer recommended policy changes that could be implemented to reduce the far reaching effect of the crisis.  The owners of mortgage loans and their loan servicing companies are cited as problems, and the FED offers several recommendations for how these entities can help resolve the foreclosure crises in the near future.

According to the FED, the heart of the problem is related to the loss in home values across the country.  The report states, “in the aggregate, more than $7 trillion in home equity, more than half of the aggregate home equity that existed in early 2006 has been lost.”  The drop in home prices has created a toxic environment in which more than 20% of homeowners with a mortgage owe more on their mortgage than the home’s open market value.  These properties are referred to as “underwater” in the mortgage industry.

One concern of the FED is that middle-income households have been particularly hard hit during the mortgage crises because “home equity is a larger share of their wealth in the aggregate than it is for low-income households (who are less likely to be homeowners) or upper-income households (who own other forms of wealth).  Many homeowners across all economic thresholds have been met with roadblocks when seeking to obtain mortgage modifications.  As the FED report explains, modifications may provide homeowners with an opportunity to lower the cost of monthly payments by extending the term of the loan, reducing the interest rate, or reducing the principal.  For lenders, these modifications can make sure that defaulted and struggling loans remain performing.

This latest paper by the FED points out that banks have been regularly rejecting modification requests even for well qualified homeowners who agree to pay more than market value to keep their underwater homes.  According to the FED, this unsound business practice may be caused by loan servicers rather than the actual lender-owner.  The report explains that servicers are “gatekeepers to loan modifications and other foreclosure alternatives.”

Of particular concern to the FED is the structure of servicer compensation.  According to the report “the fee structure of the servicing industry helped create perverse incentives for servicers to, for example, reduce the costs associated with working out repayments and moving quickly to foreclosure, even when a loan modification might have been in the best interest of the homeowner and investor.”  In states where the foreclosure process is streamlined, the problem is worsened by contractual requirements that force servicers to advance payments of principal and interest to lenders from the date of a homeowners default through foreclosure.  Accordingly, because the modification process can take several months, servicers stand to increase their revenue by foregoing modification talks, proceeding to foreclosure, and ridding the home from their servicing obligations.

An inferred conclusion of the FED report is that both servicers and lenders have moved to panic mode.  Their decision making ability has become paralyzed and management is less focused on maintaining and creating new performing loans than they should be.  There are two key solutions offered by the FED.  Under the first solution, servicers and lenders would continue declining to make modifications and would instead shift their business model to become landlords converting the millions of foreclosed properties into rental units.  The second more plausible solution calls on policy makers to unite with businesses to implement a new set of modification incentives.  This final proposal is an admission by the FED that the Obama administration’s Home Affordable Modification Program (“HAMP”) has failed to fulfill its potential.  HAMP’s failures are due to restrictions of eligibility for the program and a lack of incentives for creative solutions.

The start of 2012 marks more than four years since the start of the ongoing recession and foreclosure crises.  It is a problem that after so much time the lenders and servicers remain incapable of independently developing a set of solutions to solve a crisis they helped create.  Changing servicer compensation to reflect the 2012 mortgage market rather than the 2006 market will be a great help in promoting modifications and alternatives to foreclosure.  Collectively, the recent proposals and ongoing attention to the crises provided by the FED offers hope that the foreclosure crisis is at least a step closer to resolution.

The Federal Reserve report is available at: http://www.federalreserve.gov/publications/other-reports/files/housing-white-paper-20120104.pdf

ADAM DEUTSCH is an Associate Attorney at Denbeaux & Denbeaux currently concentrating his practice on consumer rights litigation.

Mr. Deutsch received his law degree in 2010 from Seton Hall University School of Law after completing his undergraduate work at Rutgers University.

During law school, Mr. Deutsch split his time pursing two areas of advocacy and research in the law. He was a founding member of the Seton Hall Law Dispute Resolution Society, competed in national competitions for negotiation and mediation, and served as the American Bar Association Student Chair of the Negotiation Competition in 2009-2010.

Mr. Deutsch was an integral member of the Center for Policy and Research as an author and supervisor to research papers looking into events at the Guantanamo Bay Naval Prison.

In the Press:

Mr. Deutsch has been contributed to published research papers, books and radio programs including:

“A Historical Perspective of Music Distribution and Copyright Law, How Internet Radio is the Next Frontier”

“The Guantanamo Lawyers: Inside a Prison Outside the Law”

“Three Deaths At Guantanamo” as heard on NPR’s The Story

More from Adam Deutsch, Esq.

As 2011 Ends, The Specialty Consumer Rights Law Firm Denbeaux & Denbeaux Celebrates a Year of Milestone Achieved on Behalf of New Jersey’s Home Owners

Thursday, December 29th, 2011 at 4:27 pm  
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In 2011 the Law Firm of Denbeaux & Denbeaux solidified itself as a top consumer rights law firm specializing in the representation of homeowners facing foreclosure and who have been subject to fraud by banks and other members of the money lending industry. The year marks a milestone of success, growth and achievement shared not only by the firm, but by the community at large.

 

Beginning in 2008, Denbeaux & Denbeaux began representing New Jersey homeowners facing foreclosure. The transition was spurred when several of the firm’s small business clients began having trouble in the midst of the economic recession. Having previously taken a deep interest in representing civil and consumer rights causes managing partner Joshua Denbeaux saw that the foreclosure and predatory lending crisis was going to be in need of top notch advocacy. Entering the third year of representing home owners, the firm has found new levels of success and recently expanded its support and attorney to more readily serve the thousands of New Jersey residents who are struggling and have been taken advantage of.

 

The four attorneys at Denbeaux & Denbeaux bring unique perspective and specialties that enable to firm to cater to their clients personal legal needs.

 

Josh Denbeaux- As the managing partner and a highly regarded consumer rights litigator, Josh personally meets with nearly all of the firm’s clients to assess their goals and map out individual plans for representation.

Josh is the lead attorney on the firm’s plaintiff suits brought on behalf of home owners who were the victims of predatory lending, consumer fraud, and other lending violations.

 

Marcia Denbeaux- Having practiced matrimonial, estate, and property law for many years, Marcia has expanded to oversee the process of negotiating modifications on behalf of home owners. Representing clients in the New Jersey Foreclosure Mediation program, Marcia has lead the firm to obtain dozens of modifications resulting in performing mortgage loans for residents across the state.

 

Adam Deutsch- Overseeing the foreclosure defense litigation, Adam has developed a strong mastery of foreclosure related laws, and court rules. Using these tools has resulted in the firm’s ability to obtain dismissals of foreclosure cases and mortgage modifications for clients across New Jersey.

 

David Kurtz- Bringing the unique perspective of a seasoned business executive, David has an uncanny ability to identify the goals of clients and adversaries to utilize litigation and negotiation tactics to obtain the best available results for the firm’s clients. David works on the firm’s home owner related plaintiff suits, foreclosure defense, and has successfully represented domestic and overseas businesses in contract disputes.

 

The team at Denbeaux & Denbeaux achieves success by providing clients with a roadmap to fulfill their goals. Our attorneys are strong advocates that won’t back down. The result has awarded the firm and its clients a degree of success unmatched by other small consumer rights firms taking on the foreclosure crisis. Examples the achievements obtained in 2011 include:

 

29 Foreclosure Dismissals: This year a record number of dismissals were obtained by the law firm in foreclosure cases. Each of these families were threatened with the loss of their home, but by challenging the bank’s proof of ownership of the loan documents, and by utilizing other litigation tactics these homes were saved.

 

Referrals from Judges: During the past year multiple judges from multiple counties of New Jersey have referred friends faced with foreclosure to retain Denbeaux & Denbeaux. A sign of the strong advocacy and degree of success obtained in the court room, these referrals were a true honor.

 

Reversal of Judgment: In one remarkable case in Sussex County, Denbeaux & Denbeaux was able to get a judgment of foreclosure reversed and a case dismissed by proving that the bank failed to show ownership of the mortgage loan to the Court. The case in question was filed in 2008, but the homeowner did not come to Denbeaux & Denbeaux until after judgment was entered. This case is proof that all foreclosures should be contested, and that it is never too late to challenge the bank’s attempt to foreclose.

 

Thousands of Dollars Obtained as Settlement: On multiple occasions this year, Denbeaux & Denbeaux recovered thousands of dollars for our clients from lending institutions and credit rating agencies. These clients were victims of lending violations and/or were subject to wrongful injury to their credit rating.

 

Modifications Obtained: Denbeaux & Denbeaux obtained mortgage modifications for well over a dozen clients this past year. Many of these families had been previously denied or were in the midst of unsuccessful negotiations with the bank pursued on their own. By utilizing the firm’s relationship with the bank’s attorneys, our clients have benefited by obtaining a second opportunity to have performing loans and remain in their homes long term.

 

The New Year of 2012 begins with great expectations of building upon the success and experience obtained by the firm in 2011. It is the goal of the lawyers at Denbeaux & Denbeaux to continue providing top notch personalized legal advocacy that provides our clients the opportunity to have the quality of life they want and deserve. Denbeaux & Denbeaux invites all of New Jersey’s home owners and consumers to schedule a free consultation. Our clients learned in 2011 that it is never too late to defend a home, if you are facing foreclosure or believe you were subject to fraud by a lending institution come see us today to preserve your rights.

Massachesetts Attorney General Files Suit Against Banks for Unlawful Foreclosure

Friday, December 2nd, 2011 at 7:49 pm  
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Click here to see the video

Debtor’s Prison In America ?

Wednesday, November 30th, 2011 at 3:29 pm  
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by Adam Deutsch

Adam Deutsch, Esq.

"Homeowners should be proactive"

Think America and the following comes to mind: apple pie, baseball, the great melting pot, and leveraged debt.  In recent years it is the debt that has gained more recognition as American characteristic.  As the thing itself, debt is not all bad.  Debt allows people to invest in their future, the future of their community, and to hedge and build ideas that turn into successful innovative businesses.  The dark side of debt appears when the investment fails to flourish.  Today debt’s dark side is most prevalently represented by the inaccurate belief that everyone should own property and real estate prices will always rise.  As they say, hindsight is 20/20.

According to a November 8, 2011 CNBC article, it is estimated that as many as 50% of American home owners owe more money on their mortgage loans than their home is worth on the open market.  Every time the value of your home goes down by 1, 2, or 10%, you are acquiring debt without the benefit of hedging for a future reward. There is little economic upside to paying $500,000 to own a home that is now worth only $250,000.

But what should people do if they find themselves underwater on their mortgage loan?

To learn more and read the rest of this post Give a Send

Denbeaux & Denbeaux Obtain Dismissal of 2008 Foreclosure in Sussex County NJ

Wednesday, September 28th, 2011 at 12:58 pm  
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New Jersey law firm Denbeaux and Denbeaux won a dismissal of a 2008 Sussex County foreclosure judgment and solidifies planning for a statewide initiative to put an end to foreclosure lawsuits brought by banks using shoddy paper-work and shortcuts.

“We have been honing key arguments over the course of a few years and the courts are finally catching up to our interpretation of the law of foreclosure in New Jersey.  The laws have not changed, but banks have continued to take shortcuts and test the patience of the public and the courts.  The result is that we see homeowners getting the relief they are entitled to with greater frequency,” said managing partner Joshua Denbeaux.

"We have been honing key arguments"

The law firm has successfully won cases as the result of old-fashioned hard-work and careful scrutiny of closing loan documents, complaints and answers, judgments, motions and decisions handed down by judges. As early as last week, their hard work paid off once again as banks are learning the hard way that New Jersey homeowners will not lose their homes in foreclosure lawsuits if the bank takes shortcuts or uses shoddy paper-work and the case is in the hands of the lawyers at Denbeaux & Denbeaux.

The case in point was dismissed on September 16, 2011 as the law firm of Denbeaux & Denbeaux obtained the dismissal of a foreclosure judgment tied to a foreclosure case that started back in 2008.  Now for one retired couple that faced a sheriff sale in Sussex County, N.J., the future looks much brighter.

The law firm’s most recent success was obtained in Sussex County, New Jersey which had one of the highest rates of new foreclosure notices in the state last month according to Realtytrac.com.  Every age group and every profession is touched by the foreclosure epidemic.  This latest dismissal helped to keep a retired couple in their home for the foreseeable future.

Adam Deutsch Esq.

"It is worth fighting to keep your home"

“It is our mission to make sure New Jersey homeowners know that no matter how much time has passed since they defaulted on their loan, or were served with a foreclosure complaint that it is worth fighting to keep your home,” said associate attorney Adam Deutsch.

The Newton,New Jersey couple first came to Denbeaux & Denbeaux in January 2011, more than three years after they received a foreclosure complaint and more than six months since the bank was granted a judgment entitling them to sell the home at a sheriff sale.  The clients had been offered a loan modification and mistakenly believed the foreclosure action was dismissed.  Eventually the modification fell through and the bank proceeded to obtain a judgment.

 

The lawyers at Denbeaux & Denbeaux pored over the files the bank used to obtain the judgment and noticed significant holes.  According to Mr. Deutsch, who argued the successful case, “The courts had granted the bank a judgment entitling them to sell our client’s home at a sheriff sale even though there was no evidence that the bank owned the actual loan or that it had complied with a state law called the Fair Foreclosure Act.  The important lesson is that unless a homeowner challenges the bank in court, they may lose their home to an undeserving bank.  I believe the courts are so over-burdened that mistakes are made and the banks get more leeway when homeowners don’t defend their homes and force the courts to scrutinize the evidence.”

While results depend on many diverse factors if the homeowner is facing foreclosure, a homeowner always has the right to and is entitled to defend their home.  A homeowner should also know that although many law firms in New Jersey provide services such as loan modification and say they can stop a foreclosure, the difference with Denbeaux & Denbeaux is that every document related to the case is carefully reviewed. Rather than assume that everything done up to a certain point is correct, Josh Denbeaux and Adam Deutsch take nothing for granted and provide long-term solutions rather than stop -gap measures.

The result is a better quality of life for the home owner over a longer term.

Cited as the premier foreclosure defense and consumer rights litigation firm in northern New Jersey by virtue of the number of cases they have been able to get dismissed, they offer a free consultation to any homeowner facing foreclosure.  Homeowners can take advantage of a free consultation and to learn about the options to remain in their home for the long term, by contacting the law firm of Denbeaux & Denbeaux at (201) 664-8855. They are located in 366Kinderkamack Road, Westwood, NJ07605and can be found on the web at www.denbeauxlaw.com or email them at pr@denbeauxlaw.com

 

THE NEW JERSEY FORECLOSURE MODIFICATION-LITIGATION PARALLEL

Monday, August 29th, 2011 at 2:27 pm  
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THE NEW JERSEY FORECLOSURE MODIFICATION-LITIGATION PARALLEL

By Adam Deutsch

 

Adam Deutsch Esq.

"Homeowners should always Answer a Foreclosure Complaint"

Often times people facing foreclosure are improperly advised by their bank that they have two divergent paths to pursue: modify the loan, or fight the foreclosure in the court system.  This is a false choice.  Regardless of future goals, homeowners should always Answer a Foreclosure Complaint.  My clients often find that they have a better chance of obtaining a modification by first defending their home in court.

Faceless phone operating agents on the other end of the line who tell homeowners on the verge of foreclosure that they qualify (or are eligible) for a loan modification know that their lender is simultaneously starting foreclosure proceedings.  I’ve heard multiple variations of horror stories, but there are two basic plot lines.

In the first scenario, a homeowner falls late on mortgage payments and receives mail from their bank informing them that by submitting financial records they can obtain a modification and avoid foreclosure.

The second circumstance is the story of the homeowner who calls the bank in advance of going late on payments, explains the cause of the reduction in income and proactively asks for help so they can keep paying their mortgage.  These homeowners are usually told they will be eligible for a modification only if they first default and miss three months of payments.  After they go late, the homeowner usually receives the same  package, indicating that by applying for modification they will avoid foreclosure.

There is a common characteristic of both scenarios which is that the bank seldom comes through with the promised modification.  I have heard stories of literally hundreds of New Jersey residents who spent months, or even years, communicating with their bank to modify the loan.  The homeowners gather financial information and submit the paperwork time and time again  only to be told the documents are in review, the documents were never received, or some other excuse from a faceless telephone agent.  Many times in the midst of the process of applying for a modification, the homeowner receives a Summons and Complaint from the attorney for the bank, initiating the formal foreclosure proceedings that the bank hopes will result in the bank owning your home.

Countless times I have had homeowners come to me, far along in their foreclosure process and years into their modification attempts tell me the reason they did not answer the Complaint was because they were modifying the loan with the bank and were told by telephone agents of their bank that answering the complaint might jeopardize their modification.

This is always bad advice.

Why would a bank file for foreclosure while simultaneously considering a homeowner for a loan modification?   It is a hedge of bets, a guarantee that if a modification is not a viable solution the foreclosure process will have at least been initiated.  The bank is hoping that your attempt at modification will allow the bank to walk away with your home (whether or not entitled) without the scrutiny of a judge.  If the lender has the homeowner convinced that the modification process is ongoing, and the foreclosure complaint goes unanswered, the bank is under no pressure to resolve the situation in favor of the homeowner.

If the homeowner passes up the opportunity to answer the complaint and defend the home, the homeowner may lose the opportunity to litigate for good.  The homeowner may also miss out on the best chance to modify the loan.  Worst of all, there is a greater risk of the homeowner losing their home entirely.

Often there are federal or state law violations from the origination of the loan, and there are usually procedural issues that will hinder the bank’s ability to foreclose.  A knowledgeable foreclosure defense attorney can identify those issues and put strong pressure on the bank.

Homeowners are far more likely to modify your loan with the assistance of an attorney than they are on your own, particularly if the homeowner simultaneously defends his or her rights in Court.  If the goal is to keep the home, then a homeowner needs to utilize all resources to convince the bank to modify .  If any homeowner is served with a foreclosure complaint, they must preserve all of their rights by meeting with a knowledgeable attorney and answering the complaint.  More often than not there will be viable defenses, and raising these defenses will provide additional pressure on the bank to resolve the case through modification of the loan.

 

Adam Deutsch, Esq. is an Associate Attorney at the Law Firm of Denbeaux & Denbeaux located in Westwood, NJ.  The law firm specializes in consumer rights issues with expertise in foreclosure defense, predatory lending and related issues.  If you are or someone you know is in need of an attorney to help defend a foreclosure or obtain a loan modification, call 201 664 8855 for more information and to schedule a free consultation.

Dear New Jersey Homeowner.

Friday, August 19th, 2011 at 2:42 pm  
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Dear New Jersey Homeowner,

"The law has changed. Find out how it affects your rights"

You may have been told, or have

been led to believe, that there are no defenses to foreclosure. The truth is, there are a lot of people and businesses sending inaccurate and misleading messages about your rights.

The laws are a state by state issue, and the law has just changed in New Jersey.  The new changes should change any assumptions you might have had about an inability to fight the bank, and may give you an opportunity to remain in your home (for a long time).

The appellate division has just decided two cases for our homeowner clients, [Bank of NY v. Laks & Einhorn]  and [Deutsche Bank v. Mitchell] which affirm what we have been arguing for the last two years:  A bank cannot sue you and attempt to foreclose on your home if they do not have possession of essential loan documents and if they do not follow certain procedural statutes. Period.

We were absolutely correct, and that the courts have been inaccurately applying the law.  Now that has all changed – which may be very good news for you.

We invite you to come in for your free consultation and in half an hour, we will be able to see if the new law applies to you,  and how long it will take for you to fight your bank.  Most importantly, we will work with you to identify your goals and needs to build a personalized plan  that will help you secure your future.

Bring the closing file from when you signed the loan, bring a copy of the Foreclosure Complaint and bring us your Notice of Intent to Foreclose (A letter typically sent by the bank, its servicer, or a law firm representing the bank).

We will walk you through the foreclosure process and let you know how to fight the foreclosing bank and whether you are entitled to a dismissal of your foreclosure complaint.

One last thing.  And this is very important:

Call today. The longer you wait, the less of a chance you have of taking advantage of the change in the law.

Call today , call now (201) 664- 8855, pr@denbeauxlaw.com

————————————————————————

Denbeaux and Denbeaux has been fighting against banks and predatory lenders for two years. If you are in foreclosure, give us a call, and get your free consultation, with one of the attorney’s at Denbeaux & Denbeaux.

Call today. Call now. (201) 664-8855

Or send us an email: pr@denbeauxlaw.com

A Tale of Two Orange Counties

Tuesday, July 5th, 2011 at 3:22 am  
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“We never had any problems until Chase purchased our note. As soon as Chase purchased our loan, we started getting notices that we had not paid our taxes and that we were therefore in default under the terms of the mortgage. This was never true, and I spent hours and hours on the phone with the callers from Chase, explaining that the taxes had been paid but it did not work.” , said homeowner Mary Mason in a sworn statement filed with the Superior Court of New Jersey Chancery Division : Essex County.

“I could not understand how I could explain to them that the taxes were paid, that I had receipts from the town and cancelled checks, and that the city tax clerk’s records showed no taxes due, and still the bank representatives claimed that we were in default for not paying our taxes or insurance.”

The Masons sent Chase records of payments, copies of checks, tax payment receipts, all to no avail.

“It is difficult to explain to this Court the pain that this has caused to me and to my family. My mother, who is very elderly and ill, is in my care. I lost many nights of sleep worrying about what would happen to my mother and to us if the bank threw us out on the street. I really believed that there was nothing we could do.”

So as the back and forth correspondence and phone calls continued over two years, the Masons eventually contacted and retained a lawyer. The first lawyer they contacted may have found the clerical mistake that Chase had made with the Mason’s loan.

“I think he spoke to the bank at least once, because he told me that it seemed as though Chase had made an error when they purchased the note and mortgage on our home.

We live in Orange, New Jersey, and he seemed to think that what was told to him was maybe Chase had put our home in as Orange, California, a much more well- known Orange. I have no idea what the problem is, but I do know that the problem belongs to Chase because none of the other banks who owned our note and mortgage ever made any mistakes on the loan.” testified Mary Mason.

“This is a frivolous complaint”, says New Jersey foreclosure attorney Joshua Denbeaux. “The Masons have never missed a monthly mortgage payment, they have paid their non-escrowed real property taxes and they have paid their annual insurance payment.”

“The loan is more than 10 years old and was sold between investors a number of times. There were no problems with anything until Chase Home Finance, LLC purchased the loan and. Chase made internal errors with regard to the loan and improperly placed the loan on the foreclosure track, and defendants were unable to stop it.”

“This is an example of the type of abuses occasioned by lenders on homeowners.”, said New Jersey foreclosure lawyer Joshua Denbeaux in the conclusion of his brief to the Superior Court of New Jersey Chancery Division: Essex County.

Chase has since been served not once but twice with Notices of Frivolous Litigation, both were ignored and one Fair Credit Report Act Notice which was also ignored. Now a motion is before the Court to dismiss the foreclosure complaint and to impose counsel fees and sanctions. This matter will be heard by the New Jersey Court later this month on July 22, 2011.

If you have questions about a home foreclosure send an email to pr@denbeauxlaw.com. If you need a New Jersey foreclosure lawyer call Joshua Denbeaux of Denbeaux & Denbeaux, at (201) 664-8855. For directions visit http://www.denbeauxlaw.com

Featured New Jersey Foreclosure Lawyer

Tuesday, July 5th, 2011 at 3:21 am  
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The day comes when due to illness, loss of income,or loss of a spouse, you feel that your quality of life is at risk – something bad is going to happen unless you take immediate action. Your spouse and you are worried  “Will we lose the house?” You believe that you can “work out of the situation” – if given time, money and maybe some understanding. When it comes to banks and mortgages there is nothing more black and white, cut and dried than a loan in default and a bank initiating foreclosure proceedings. There are more lawyers today willing to provide the service of creating a defense against a foreclosure proceeding because right now there are many homeowners today in dire situations. In short, there is a demand for the services. Due to the high demand, the lawyers with the most experience in all areas of the law effecting foreclosure cases are in short supply. For a lawyer to be well versed in all of the different areas of law that come to bear on a foreclosure they will have had to look at a variety of cases, situations, and do the detailed work necessary to unravel the facts of  the case. It is the facts and the facts alone that will determine what can or can not happen in an individual case. A New Jersey foreclosure lawyer undertakes the process of looking at the details of the case and the facts.

Why Use a New Jersey foreclosure lawyer?

An experienced New Jersey foreclosure lawyer has intimate knowledge of the laws that are in effect when your home loan was created and will ask you for documents to get to the facts. Although you might be only a month on your monthly payment, you know the intimate details of your situation that you might want to get started with talking to a New Jersey foreclosure lawyer right away. If you are behind in payments two or three months, chances are foreclosure proceedings are imminent, and you definitely should be talking to a New Jersey foreclosure lawyer. By all means if proceedings have been initiated, the last thing to do is pretend that the problem will go away on its own. A painful as may be to admit, the answer may not be at hand unless help is sought out, and you take the step of contacting a New Jersey foreclosure lawyer

How Can a New Jersey foreclosure lawyer help?

First things first, is to check that a New Jersey foreclosure lawyer is a member of the American Bar Association in good standing. You will see lawyers advertising their services, turning up in Google search with fancy websites. That is all well and good. What you should be looking for in your own research is whether or not they have helped other home owners by winning foreclosure cases and what those cases are.

The most experienced New Jersey foreclosure lawyer will have the record to back up that they are experts in all areas of the law related to foreclosure. A New Jersey foreclosure lawyer can dramatically reduce the stress you are under and the anxiety that you are feeling by getting to the facts of the case and then explaining to you what the likely outcome.

What are the Benefits of Using a New Jersey foreclosure lawyer?

A New Jersey foreclosure lawyer that is well-versed in all areas of the law that effect the documents of the home loan and the case is doing hard and detailed work on your behalf. You will learn things that most other lawyers have yet to discover – most lawyers have only been able to scratch the surface of something called a “foreclosure defense”. It is quite another thing to have a  New Jersey foreclosure lawyer that is taking the offense if you will, and leading the fight with the courts and the banks on your behalf. The reason is that you are working with a New Jersey foreclosure lawyer who is ethical , principled and doing work based on the facts of the law, and only the facts of the law. You have a case and if it can be won you will find that out. If there is no case you will find that out, too.  By selecting a New Jersey foreclosure lawyer you are providing yourself with one of the best possible opportunities available, to understand what exactly may or may not be going on in a situation that may lead to foreclosure.

New Jersey foreclosure lawyer – Realty Forecast

Today there are historically high numbers of homes already in the foreclosure process which has created a back-log in the courts. Additionally, there are more foreclosure cases that will be coming up in the next several weeks as the New Jersey Court decision the called for banks to suspend filing foreclosure claims has been lifted. Until you get in touch with a New Jersey foreclosure lawyer, as a homeowner, you are only guessing about what the status of a loan modification may actually be if a foreclosure proceeding has been initiated, or if that process was started legally, or if the underlying documents of the loan were created accurately, fraudulently or if they exist at all.

A New Jersey foreclosure lawyer Testimonial

I live in New Jersey and was looking to refinance our home to lower our monthly mortgage payment. It was frustrating to deal with the banks, first hearing that they never got my loan application, then that they lost it, and that I was applying for the wrong kind of loan. By then we were in foreclosure and they would not discuss anything at all. I contacted a New Jersey foreclosure lawyer that has received some press in the Record detailing that he has been working on foreclosure cases for a couple of years, and established a track record of success because he was looking at the facts. Dealing with this New Jersey foreclosure lawyer took the stress out of this whole situation and we’re currently working on a loan modification that will hopefully make everyone happy.

 

 

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