Dedicated Lawyers Protect Rights and Interests of Property Owners Facing Foreclosure in Union County and Throughout New Jersey
If you or your business is facing the possibility of foreclosure, you are likely already experiencing financial difficulties. Having to defend against foreclosure will only add to your stress and worry. It can certainly seem like you have few or no options available to you, and you may be unsure of how to protect or defend your rights and interests. When you are facing foreclosure or in the midst of foreclosure proceedings, you need a knowledgeable, dedicated attorney who can help you understand your legal rights and options to deal with your foreclosure and who will fight to protect your interests and resolve your foreclosure matter with as favorable a result as possible.
For more than 25 years, the Union County foreclosure defense attorneys of Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC have helped property and business owners throughout New Jersey who are facing foreclosure protect their rights and interests and, where possible, keep their property from foreclosure. Our experienced attorneys can help you pursue every available opportunity to defend against a foreclosure, including asserting legal defenses to a foreclosure complaint, seeking legal and statutory protections from foreclosure, or applying for loan modification or other relief from the bank.
Don’t lose out on your rights and options, Contact us today to schedule a case review to discuss your foreclosure matter and to learn more about how our firm may be able to help protect your or your business’s interests.
Potential Foreclosure Legal Defenses in Scotch Plains, NJ
Although asserting a defense to foreclosure has often been virtually impossible in the past where the bank can demonstrate default on the note and mortgage, the past decade has revealed widespread errors by the mortgage industry. In addition, states like New Jersey have passed laws to provide protections to property owners facing foreclosure. Depending on the circumstances of your case, our firm may be able to help you assert foreclosure defenses such as:
The bank or mortgage servicer failed to follow state law and regulations governing the foreclosure process, which will often force the bank or mortgage servicer to have to start the process from the beginning
The bank or mortgage servicer cannot prove that it has possession of the note or the original mortgage or a valid assignment of the mortgage
The bank or mortgage servicer credited your payments to the wrong party
The bank or mortgage servicer unlawfully commenced or continued foreclosure proceedings while processing your loan modification request
You were charged fees that were excessive and/or not authorized by your mortgage agreement
You were quoted an overstated amount to pay to get your mortgage back in good standing
Establishing any of these defenses is incredibly difficult, as courts construe these defenses very narrowly, in contrast to the bank’s right to foreclose on a property. Our attorney can help you understand what defenses may be available in your case and advocate on your behalf. In addition, we can also help you explore other options that may be available to you under the law or the terms of your agreement with your bank that may allow you to prevent foreclosure and keep your property.
How Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC Can Help You Craft an Effective Foreclosure Defense in Your Clifton, NJ Case
When you hire Bramnick, Rodriguez, Grabas, Arnold & Mangan to help you in your foreclosure case, you can expect that our attorneys will explore every available opportunity to help get you a favorable outcome. We will thoroughly investigate your foreclosure case to determine whether you may have a viable legal argument in your defense against foreclosure. We can also help you pursue options that may allow you to avoid foreclosure, such as applying for a loan modification that will allow you to get current on your payments, We can also advise you as to other legal protections you may have available to you to help stop the foreclosure proceedings and give you time to pursue other solutions. In the end, you can trust that our skilled attorneys will handle your case with the skill and care that you deserve.
Schedule a Consultation with an Experienced Elizabeth Foreclosure Defense Attorney at Bramnick, Rodriguez, Grabas, Arnold & Mangan Today
If you or your business are facing foreclosure, you need to remember that you have rights in the foreclosure process. Let an experienced foreclosure defense attorney defend your rights, advocate for your interests, and help you try to keep your home or other property. Contact Bramnick, Rodriguez, Grabas, Arnold & Mangan today to schedule an initial consultation to discuss the details of your case with one of our knowledgeable foreclosure defense lawyers and to learn more about how our firm can help you in defending against a foreclosure action.
Frequently Asked Questions about Foreclosure Defense in New Jersey
FAQ: Does bankruptcy stop a foreclosure?
If you file for bankruptcy before the bank files for foreclosure or before the foreclosure proceedings conclude, the bankruptcy automatic stay can prevent the bank from initiating or continuing collection activities such as foreclosure. However, the bank can file for relief from the bankruptcy stay, which if granted will allow the bank to continue with foreclosure. Although bankruptcy can discharge your personal liability for a mortgage, the bank still has the right to foreclose on your property if you aren’t making mortgage payments.
FAQ: Will I still owe any money at the end of the foreclosure process?
Possibly. Once the bank forecloses on your property and sells it, the bank will still have the right to collect any balance remaining on your note if the sale price of the property at foreclosure wasn’t enough to satisfy the balance on the note. However, if you have obtained a discharge in bankruptcy, that will also discharge any liability you have for any deficiency on your note following foreclosure and sale of your property. In addition, if you offer the bank a deed in lieu of foreclosure, you will not owe any money if the deed states that it completely satisfies your outstanding debt, even if the bank only manages to sell the property for less than what you owe.
