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Perth Amboy, NJ Mortgage Foreclosure Lawyers

The prospect of a potential foreclosure on your property can be scary. Often, people have worked their whole lives towards having a business, home, or other property, only to be met with the possibility of it all being taken away in an instant. Worse still, lenders may opt for aggressive language when they notify you of an impending foreclosure that is designed to have you make a knee-jerk decision in their favor.

In the face of possible foreclosure, you need all the help you can get. That is where we come in. Our attorneys know how to deal with disgruntled lenders and can either work something out with them or defend you against a possible foreclosure on your property.

To get a free, totally confidential analysis of your situation, call Young, Marr, Mallis & Associates’ mortgage foreclosure defense attorneys by dialing (609) 755-3115.

How Do I Resolve a Mortgage Foreclosure in Perth Amboy, NJ?

When you are faced with the prospect of foreclosure, your first instinct is probably to think about how you can resolve the issue quickly. While it can be tempting to just go with the most expedient choice, the best options will vary depending on your unique facts and circumstances. The best option for you will be different than the best option for someone else, so you need to talk to our mortgage foreclosure attorneys and figure out what best suits your circumstances.

Pay Debts

It may sound like stating the obvious, but the quickest and most straightforward way – at least on paper – to prevent a foreclosure is to pay off the debt in question. Most mortgages have a period where you are able to “cure,” or fix, a problem without it adversely affecting the relationship between the parties.

All that being said, in reality, this is often the toughest option for people facing foreclosure. The fact that foreclosure is being discussed in the first place probably means that it is difficult to make regular payments. Fortunately, there are other ways to prevent foreclosure.

Restructuring Your Mortgage

Another option for dealing with foreclosure is to try to work with your lender to restructure the mortgage. The idea here is to set you up with a payment plan that better fits your current financial situation.

Ultimately, lenders want to get paid. Most lenders are banks or other financially inclined organizations. They are not real estate companies. The last thing a bank wants is to have a random house or other property in their possession. For that reason, foreclosure threats may be more of a means to get you to pay up than a legitimate possibility.

Bankruptcy

If all else fails, a surefire way to stop foreclosure proceedings in their tracks is to file for bankruptcy. When you file for bankruptcy, the court puts into place an “automatic stay,” which immediately halts any efforts to collect debt. This includes any attempts to further foreclosure proceedings.

While this may seem incredibly convenient, the decision to declare bankruptcy is one that should not be taken lightly. You should always speak with one of our mortgage foreclosure lawyers before deciding to file for bankruptcy.

How Does Foreclosure Work in Perth Amboy, NJ

Mortgage foreclosure is intimidating in part because it is complicated. The documents involved use a lot of terms that are not used in common conversation, and the process itself can be confusing. Fortunately, our attorneys have broken down the steps leading up to and during foreclosure so that you have some idea of what happens in this process.

Initial Notifications

There are actually some rules that lenders have to follow before foreclosing on your property. These rules can be found under 12 C.F.R. § 1024.39. A lender must reach out to you within 45 days of your first overdue payment. In that notification, they must let you know that you indeed have missed a scheduled payment, and they also need to tell you your options to avoid a potential foreclosure. For example, they may need to tell you how long the cure period is for a missed payment. If they are willing to restructure your mortgage, this is also where they will likely notify you of that as well.

Successive Notifications

After the first notification of a missed payment, lenders have the option to notify you 45 days after the next scheduled payment you miss. However, they are not under any obligation to do so. If the lender does elect to notify you at this point, there is a good chance that they will not be quite as amicable as they were the first time they notified you.

Initiating Foreclosure

Lenders are allowed to start foreclosure proceedings 120 days after your initial missed payment. It is important to remember that lenders do not have let you know that foreclosure proceedings have started, as that is public information that you can look up. For that reason, it is very important to keep track of the timeline of events following your first missed payment on the mortgage.

Notice of Sale

After the lender has initiated foreclosure proceedings, they may post what is called a “notice of sale.” This is a public announcement that your property is going up for sale. For many, this is the first time they are aware they are being foreclosed on. Soon after, the home will be scheduled for auction. Once a home is put up for auction, the foreclosure process cannot be stopped. For that reason, it is incredibly important to act quickly and speak with our attorneys if this is where you are in the process.