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Facing a foreclosure in NJ will require the representation of a well-versed defense attorney. Only an expert can analyze the possibilities of saving a foreclosed home, or failing that, carry it out.

No matter what stage your case is in, our NJ real estate attorney is here for you. Call us, email us, or schedule an appointment with our office located in Ridgewood, New Jersey.

How Are Foreclosures Fought In NJ In 2024 And How Can Our foreclosure Defense attorney Help?

Fighting foreclosures in New Jersey may involve several legal strategies that only a good attorney knows. 

At Curbelo Law, our attorney Carolina Theresa Curbelo has faced foreclosures from various entities. Additionally, she has experience in filing complaints in cases of a violation of rights during the foreclosure process.

foreclosure defenses

Grounds for a federal lawsuit include:

  • Pursuing a foreclosure or sheriff sale while your loan modification application is still being reviewed,
  • Refusal to honor or review a loan modification, 
  • Failure to respond to the application within 30 days, refusal of payment or reinstatement of the mortgage, and
  • Declaring you in default and threatening foreclosure despite having up-to-date payments. 
how to purchase a foreclosed home in nj

Whether you are about to lose your home to foreclosure or would like personalized help on how to purchase a foreclosed home in NJ, don’t hesitate to contact us. 

How can our NJ foreclosure Defense attorney help you

Among our extensive experience in foreclosure cases, we can help with the following matters:

  • Commercial and residential foreclosures.
  • Tax lien foreclosure.
  • Help for NJ first-time home buyers at a judicial auction.
  • Cancellation of judicial auctions.
  • Annulment of final judgments in tax lien mortgage foreclosures.
  • Representation of lenders and/or owners in federal bankruptcy court proceedings.
  • Representation of winning bidders.
  • Post-foreclosure eviction of owners and occupants.
  • Foreclosure litigation.
  • Lender liability litigation.
  • Actions to carry out the tenant eviction process in New Jersey.

You have extensive information on points presented in the previous list in our pages about real estate litigation and disputes between landlords and tenants in New Jersey.

We Help Homeowners Stop Sheriff sales Or Foreclosure

For many individuals, the thought of losing their home when their lender begins the foreclosure process causes them to lose hope. However, they have the right to oppose this, since in New Jersey there are laws to preserve their homes. 

Even in cases of sheriff sales, there are possible alternatives. At our office, we are committed to working with you to explore opportunities that could stop the foreclosure process.

What Does A New Jersey Foreclosure Defense attorney Do?

The main role of these attorneys is the management of foreclosure processes. Such professionals may work for financial institutions and individuals seeking to challenge a foreclosure or achieve a settlement. 

At Curbelo Law, our experts are prepared to help any individual or entity with complex legal matters, whether:

  • Advice against foreclosures,
  • Mortgage loan modifications, or
  • Internal Revenue Service (IRS) tax liens

Our Federal Tax Lien Resolution Services

When taxes are not paid, the IRS can impose federal liens. Our office can help you understand important deadlines and negotiate tax relief options, such as: 

  • Offer in compromise (OIC).
  • Innocent spouse relief.
  • Penalty abatement and
  • Installment payment agreements.

Check our NJ property tax appeal lawyers section for more information on tax matters. 

How Do I Get Out Of A Foreclosure In New Jersey?

In NJ a real right of redemption is granted prior to a foreclosure sale. To exercise this right, it is necessary to settle the mortgage debt in its entirety, including: 

  • Capital, 
  • Interests,
  • Rates, and 
  • Costs. 
foreclosures in new jersey

The real right of redemption culminates in the sale of the property by embargo. However, to exercise this right, the payment amount must be sent to the administrator well before the deadline.

Any delay or bank processing error that prevents the money from arriving on time will result in foreclosure.

What Is The Statute Of Limitations On Foreclosure In New Jersey?

Pursuant to New Jersey Code § 2A:50-56.1, a foreclosure action will not be initiated until one of the following circumstances occurs:

  • 6 years from the date set for the last payment, unless extended in writing. 
  • 36 years from the date of registration of the mortgage, or from the date of execution if the mortgage is not registered. Unless the mortgage provides for a repayment period of more than 30 years. 
  • 6 years from the debtor’s unremedied breach of any mortgage obligation or agreement. Unless it has been extended in writing or a payment on account has been made. 

How Long Does The Foreclosure Process Take In New Jersey?

The length of a foreclosure process in New Jersey varies depending on different factors. But generally, it usually comes between 60 and 90 days after a payment has been missed.

After this, the process to carry out the sale of a foreclosed house can take between 6 and 12 months. 

What Is The Optional Foreclosure Process In New Jersey?

The optional foreclosure process in New Jersey applies in scenarios where: 

  • The owner has abandoned the property, 
  • The owner has voluntarily relinquished the property by signing a deed in lieu of foreclosure, and
  • There is no equity in the property.

In these three cases, the lender may choose to carry out the optional foreclosure process. 

If the lender chooses this alternative and the owner does not object, the Court will issue an order establishing the time, place and amount of the redemption. This is usually done between 45 and 60 days after the request.

Likewise, the document will inform the homeowner that:

  • The lender is conducting an optional foreclosure process.
  • The owners have the option to oppose the optional procedure and request a sheriff sale. But they must submit a written request to the Court within 30 days.
  • If the owner does not request a sheriff sale within that time, the request will not be approved unless good cause is shown.

filing of a foreclosure complaint

Before filing a foreclosure complaint in New Jersey, the lender must send a 30-day notice of intent. This notice warns about the debt and provides information about where to send late payments. 

After notification of the lawsuit, the owner has 35 days to respond, and may present defenses such as:

  • Misapplied payments or 
  • Current payment agreements.

If there is a valid defense, the owner can request dismissal of the complaint or file a motion to dismiss it.

Defense Strategies From Our NJ Foreclosure Defense attorney

Our NJ foreclosure lawyer uses a variety of methods to fight this process. For example:

  • Mortgage modifications.
  • Mortgage mediation.
  • Lack-of-note defense. 
  • Lender fraud.
  • Violations of credit laws. 
  • Administration violations.
  • Bankruptcy. 
  • Short sale. 
  • Use a Deed in Lieu of Foreclosure instead of a foreclosure.
nj property deed

Are you having problems with the property deed or quitclaim deed in New Jersey? Our experts will help you with these matters. 

Frequently Asked Questions About Foreclosures In New Jersey

What Happens When a Foreclosure Is Properly Defended?

In most cases, homeowners can continue to keep their home, reduce their mortgage payments, and/or resolve the problem overall.

Why Do Individuals Choose Not to Defend Against Foreclosures?

Generally, lack of information is the main trigger why individuals choose not to legally defend themselves against a foreclosure. Having a well-versed NJ foreclosure defense attorney by your side can help save your home.

Can Any Lawyer Defend Against Foreclosure?

Not necessarily. Previous experience in foreclosure cases is essential, and attorney Carolina Curbelo has the necessary experience. Additionally, our office can provide guidance on mortgage requirements in New Jersey.

Why is it important to fight foreclosures?

Foreclosure defense is key to increase the chances of preserving your home, exploring options such as short sales, obtaining relief through loan modifications and others. 

Curbelo Law Helps You Facing Foreclosures In New Jersey

At Curbelo Law, our attorney has experience representing homeowners in distress or facing foreclosure in New Jersey. 

You have rights, options and alternatives to foreclosure. Therefore, having an experienced foreclosure defense attorney by your side makes a difference instead of navigating the process alone. 

At Curbelo Law, our professional can: 

  • Raise claims that protect homeowners from lenders and servicers
  • Renegotiate loans, 
  • Help in obtaining bankruptcy protection, 
  • Ensure that the legal process is being followed properly and  
  • Advocate for those who affected by foreclosure to state and federal representatives.

Call us, email us, or if you prefer, schedule an appointment today with our office in Ridgewood, New Jersey.