NEW JERSEY

FORECLOSURE FAQs

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(201) 355-0054

Haghi Law LLC - 151 W. Passaic Ave. Rochelle Park, NJ 07662

We serve all counties in the State of New Jersey
Bergen, Passaic, Essex, Hudson, Union, Sussex, Morris, Warren, Middlesex, Somerset, Hunterdon, Monmouth, Mercer, Ocean, Burlington, Camden, Atlantic, Salem, Cumberland, and Cape May

Frequently Asked Questions

about New Jersey Foreclosures

Please contact us if you have a

question which is not shown below

What happens when a foreclosure action is properly defended?
In many instances, homeowners can keep their home, reduce their loan payments, and ultimately resolve the problem. If the bank acted wrongfully toward the homeowner, other settlements, including cash payments, are also possible. The bank will not give a homeowner anything unless they seek it, and that includes fighting back.
It is estimated that over 90% of foreclosures are not defended
The lack of putting up an adequate defense ultimately costs homeowners dearly. By failing to defend against a foreclosure, they sacrifice the opportunity to assert their rights, defenses, and counterclaims in a court of law. They also reduce the chance of obtaining a favorable settlement whether through modification or other means since the bank is assured they will be able to easily conclude an uncontested foreclosure. Where a lender's actions have been particularly egregious, cash settlements can even be obtained, however, this is only possible if a defense is mounted.
What is the bank's favorite type of foreclosure?
Based on the above, it should be no surprise that their favorite type of foreclosure is the one that is not defended! Uncontested foreclosures are typically cheap for the bank, since they often pay for a debt-collection firm to handle the case from start to finish for a low fixed sum of money. In contract, a contested matter is often much more costly for the bank since they have to enlist the services of more sophisticated litigation law firms to handle the case. The benefit to the homeowner is that those sophisticated firms have more access to the lenders and can be instrumental in obtaining a modification offer or other type of settlement.
Why do so many people choose not to fight against foreclosure?
Because of a lack of information and misinformation. It is important to understand the foreclosure process in the State of New Jersey to see why defending against a foreclosure action is important.
Why is fighting foreclosure important?
Fighting foreclosure is critical if you want to save your home, obtain relief through loan modification, negotiate a short sale, or simply gain time to reorganize life. While it is best to fight a foreclosure as early in the process as possible, no time is "too late". Even if you do not want to keep your property, the help of an expert on Foreclosure protects you and enables you to benefit for all available rights and remedies. Even if you have been previously declined for a modification or other relief, help is available. It is possible to get a modification after being declined multiple times.
Can any attorney defend a foreclosure effectively?
Foreclosures are a unique field, particularly in New Jersey, where they are handled by the Chancery Division of the Court. New Jersey is one of only two states in the country which still maintains a separate Chancery Court. Foreclosure cases follow a different procedure from most traditional law suits, therefore, experience in Foreclosure Matters is extremely important. While others may claim to have expertise in these matters, few will be able to demonstrate that they have experience in all aspects of foreclosures.
Is foreclosure defense expensive?
No. A Foreclosure is an action where a creditor is attempting to sell collateral (in most cases, a primary residence) to satisfy a debt. As with any creditor-debtor relationship, negotiation of the debt can change what the parties owe and expect to receive. Foreclosure Defense is the homeowner's tool to negotiate a better position. Whether you are fighting illegal tactics by the bank, trying to get a loan modification, or getting the benefit of time, Foreclosure Defense is not only essential, but cost-effective. The money spent on Foreclosure Defense could yield much lower payments on a modified loan, or months or years of additional time in your property, potentially saving a homeowner tens of thousands of dollars. Click here to learn about the cost of foreclosure defense. 
What is the foreclosure process in New Jersey?
Understanding the process for a foreclosure in New Jersey is crucial to determine how we can help you. Click here to learn more about the foreclosure process.
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HAGHI LAW LLC

151 W. Passaic Street

Rochelle Park, NJ 07662

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TEL. (201) 355-0054

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