Foreclosure Law Attorney in Vineland, New Jersey
When it comes to loan matters and the foreclosing party, it would be wise for you to have a foreclosure lawyer at your side. If the foreclosure party claims that it does not have your loan, or is missing some important document to support their right to foreclosure, the attorney can prove or guide you through the right process of solving that false or deficient claim. He or she has a wide range of expertise to present a strong defense. The foreclosure attorney knows what to do when the process server comes knocking at your door.
As a New Jersey foreclosure attorney, I'm committed to providing my clients guidance and clarity every step of the way. I'll stand by your side in court, representing your interests and ensuring your rights are protected.
But more than that, I'm here to provide tailored, trustworthy advice, helping you understand your options and what each one means for your future.
The Right to Have a Defense
If you are having trouble with your payments, your foreclosure attorney will see to it that you're given the important assistance that you will need. This will assure you of the correct defense that will provide you with the greatest likelihood of success. Your attorney will give you effective steps in order for you to have the best defense from the potentially wrongful acts of the servicer or the lender.
In Case of Sheriff Sale
If your foreclosure action has progressed to the point where you're facing a sheriff sale, a foreclosure attorney will ensure that you receive all the adjournments you may be entitled to. This is not a time to bury your head in the sand, or the next knock at the door can be the local sheriff coming to escort you out of your home.
An experienced foreclosure attorney can help ensure that this does not happen to you. An experienced foreclosure attorney may even be able to keep you in your home at this late stage of the process.
What's the Foreclosure Process in New Jersey?
Now, you might be wondering how the foreclosure process works in New Jersey. Here's a quick run-down:
It all starts when you default on your mortgage. In response, your lender has to go to court to foreclose on your home.
Before anything else happens, your lender must send you a Notice of Intention to Foreclose. This gives you 30 days to cure the default.
If you can't cure the default or reach an agreement with the lender, they can file a foreclosure complaint with the Office of Foreclosure.
At this point, you have the right to file an answer to the foreclosure complaint. This is where you can present valid defenses to the foreclosure.
If your answer opposes the foreclosure and presents valid defenses, your case will be transferred to the superior court, and a trial date will be scheduled.
If no answer is filed, or if the answer is determined to be non-contested, the lender can request entry of default and final judgment.
If the court grants final judgment to the lender, a writ of execution will be issued, and your house will be scheduled for a sheriff's sale.
After the sale, you have ten days to file a motion objecting to the sale and redeem the home.
I understand that it can feel overwhelming, given the amount of information you're receiving. However, please rest assured that I'm here to support you every step of the way.
My goal is to provide you with clear guidance, ensuring that you not only comprehend the process but also understand the underlying reasons behind it. You can count on me to break down each step and answer any questions you may have, making your journey smoother and more comprehensible.
Can Filing for Bankruptcy Help With Foreclosure?
Filing for bankruptcy can provide a much-needed lifeline in certain situations. It's not the right solution for everyone, but when used properly, it can offer you a fresh start and an opportunity to rebuild your financial future.
One of the key benefits of bankruptcy is the automatic stay. What does this entail?
As soon as you file for bankruptcy, an automatic stay goes into effect, which immediately stops most creditors from continuing with collection activities.
This stay includes stopping foreclosure proceedings, which can provide you with valuable time to assess your situation and plan your next steps.
Chapter 7 vs. Chapter 13
Bankruptcy may also allow you to discharge some of your debts, meaning they are completely forgiven. This can include credit card debt, medical bills, and certain other types of unsecured debts.
But it depends on which bankruptcy chapter you choose. Chapter 7 bankruptcy is an option for individuals and businesses with limited assets. It allows you to discharge certain debts while liquidating non-exempt assets to pay off creditors.
Chapter 13 bankruptcy, on the other hand, involves creating a repayment plan that lasts three to five years. This can help you catch up on missed mortgage payments and ultimately keep your home.
Ultimately, it's important to remember that while bankruptcy can be a powerful tool, it isn't a magic wand. And while bankruptcy could help save your home from foreclosure, it's not a guarantee, especially if you're significantly behind on your mortgage payments.
That's why it's so crucial to work with an attorney who understands the intricacies of real estate and bankruptcy law. As an attorney at the Law Office of Victor Druziako, P.C., located in Vineland, New Jersey, I'm here to help clients throughout South Jersey navigate the complexities of bankruptcy and find the best solution for their unique situations.
Beyond Bankruptcy: Proactive Measures to Prevent Foreclosure
Preventing foreclosure should start with proactive engagement with your lender. If you anticipate difficulty in meeting your mortgage commitments, reach out to your lender immediately. Many lenders prefer to work out a modification plan rather than foreclose. Available options could include refinancing, loan modification, or even temporary forbearance.
You could also explore government programs designed to assist homeowners in distress. Initiatives such as the Home Affordable Modification Program (HAMP) or the Home Affordable Refinance Program (HARP) have been put in place to help people like you stay in their homes.
I understand that facing the threat of losing your home can be deeply distressing. As your advocate, I pledge to explore every viable option with you, ensuring that you are aware of all avenues available to keep your home out of foreclosure. You don't have to face this challenge alone—contact the Law Office of Victor Druziako, P.C. to discuss how we can prevent foreclosure and work towards stabilizing your financial future.
Foreclosure Law Attorney in Vineland, New Jersey
If you're facing foreclosure in New Jersey, don't delay. Get the legal assistance you need sooner rather than later. As a foreclosure attorney, I'm here to guide you through the entire process, protect your rights, and help you explore options to avoid foreclosure or mitigate its impact.