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FORECLOSURE LAWYER IN NEW JERSEY.
In New Jersey, if you do not make your mortgage payments in time, the mortgage lender or financial entity can foreclose on your property. Note that this will happen per specific procedures. New Jersey is one of the states operating judicial foreclosures, which means that if you default on your mortgage terms, the lender has to seek court process to repossess your property. The New Jersey Fair Foreclosure Act stipulates regulations and rules that lenders must follow during the foreclosure process.
WHAT DOES FORECLOSURE MEAN?
In law, foreclosure is the right of an individual who holds a mortgage or another third-party lien holder to attain ownership of the property and secure the right to put it up for sale. In Jersey City, foreclosure allows the mortgage holder or the lien holder to use the proceeds of the property sale to pay off the mortgage, in the case where the lien or mortgage is in default.
In simple terms, Foreclosure in New Jersey is a legal procedure that entails the process where a lender gains control of a property, then evicts the homeowner, and finally sells the home soon after the homeowner isn’t able to make full interest and principal payments on the mortgage stipulated in the contract.
Before now, the law stated that a default in mortgage terms typically means the holder of the mortgage secures automatic ownership of the mortgage. However, recent laws propounded by the US now give mortgagors or homeowners ample time to settle mortgages before they lose their property.
FORECLOSURE IN NJ
In New Jersey, lenders opt for court proceedings in what is commonly referred to as a judicial foreclosure proceeding. Our practiced attorneys can help in this case. Here, the court has to issue a final judgment of foreclosure. When this is done, the property is sold under a publicly noticed sale. In NJ, the court that has jurisdiction over a foreclosure case is known as the Superior Court. Our firm can help you file a complaint in Superior Court, along with a lis pendens. This is a document that gives a public notification which states that the said property is foreclosed upon.
Now that has been established, many will ask how long it takes to foreclose a property in Jersey City. The timeframe largely depends on the court schedule.
Depending on the court schedule, it usually takes approximately 250 days or more to effect an uncontested foreclosure. However, the process could see delays if the borrower or homeowner asks for adjournments, contests the action, or file for bankruptcy. The state possesses one of the longest wait times needed to carry out foreclosures.
A defendant is allowed to have 35 days to file a reply to a foreclosure complaint. If not, the mortgage default will be established. The plaintiff has to wait for another 45 days once the mortgage default is entered before a final judgment is entered. Then, a formal written order of execution is issued and sent to the Sheriff to begin the foreclosure sale process. In NJ, the borrower has a right to get at least 10 days notice before the foreclosure sale can happen.
New Jersey foreclosure cases are handled by the Office of Foreclosure, under the Superior Court Clerk in Trenton. This office processes seven kinds of foreclosure actions: residential mortgage foreclosure; commercial mortgage foreclosure; municipal in rem tax certificate foreclosure; in personam tax certificate foreclosure; Fair Foreclosure Act optional foreclosure procedures; condominium lien foreclosure; and strict foreclosure.
WHAT IS THE WORK OF A FORECLOSURE LAWYER IN NEW JERSEY?
Our firm has seasoned foreclosure lawyers who undertake foreclosure procedures, including:
- Representation of financial institutions and lenders in industrial, residential, and commercial foreclosure procedures in New Jersey’s Superior Court.
- Mediation: Representation of borrowers and homeowners in foreclosure proceedings in NJ
- The representation of future buyers in foreclosure sales.
- Our attorneys also represent lenders in contested cases of counterclaims regarding violations of the Fair Debt Collection Practices Act, Truth in Lending Act, and RESPA violations.
- Foreclosure in real estate tax sale.
- Negotiation of forbearance agreements and loans for property or homeowners and lenders.
- Short sales
- Building lien foreclosures
- Creating motions to annul judgments regarding tax foreclosures.
TYPES OF FORECLOSURE:
Generally, there are two kinds of foreclosures: judicial foreclosure and nonjudicial foreclosures.
In the case of a judicial foreclosure, our attorneys will file a lawsuit for the lender in court, in order to foreclose the property. The borrower or homeowner will get a copy of the complaint, also called a petition, which marks the beginning of foreclosure.
In Jersey City, the borrower is allowed and given roughly 35 days to reply to the complaint or lawsuit. If the borrower doesn’t file an answer in court, the court will ascertain that the foreclosure process will go ahead. Subsequently, the court will give a favorable judgment of foreclosure to the foreclosing party and set a foreclosure sale date. This sale is more or less like an auction where the public and the foreclosing party bid on the property in question.
Non Judicial foreclosures
Although all states carry out judicial foreclosures, a handful also permits nonjudicial (also known as the power of sale) foreclosures. In this kind of foreclosure, a lawyer or trustee, on behalf of the lender, engages in out-of-court procedures. Generally, nonjudicial foreclosure involves one or more of these steps: mailing a notice of default to the property owner to inform them of the time left, and mailing a notice that stipulates when the property will go on for foreclosure sale.
NEED A FORECLOSURE LAWYER IN NEW JERSEY? LET US WORK WITH YOU !
Our firm has competent foreclosure lawyers for cases in Jersey City. Our attorneys are seasoned in representing lenders and borrowers in cases of uncontested and contested foreclosure proceedings. We provide foreclosure services to residents of Hudson County, Essex County, Bergen County, Mercer County, Middlesex County, Monmouth County, Union County, Morris County, and every other place in Jersey City. Are you a loan officer in any financial institution or an individual? Contact our foreclosure attorneys based in New Jersey to discuss everything concerning your foreclosure case.