We May Be Able to Help You Avoid Foreclosure
The severe effects of having your home foreclosed are few. Your home is not merely a financial investment; it is also an emotional one. Consequently, The Law Offices of Kristen E. Johnson, Esq. will make every effort to allow you to keep your house.
You can frequently halt foreclosure by paying off the debts that originally caused it or by creating payment plans for them. Understanding mortgage loan obligations can help in avoiding foreclosure by ensuring that borrowers are aware of their legal protections against wrongful foreclosures. We are particularly suited to address your real estate concerns and assist you in overcoming the debts that are negatively affecting your life since we have experience in both bankruptcy law and real estate law.
New Jersey Real Estate & Foreclosure Attorney
Kristen E. Johnson, Esq. handles all types of real estate legal issues. Whether you are entrenched in a landlord-tenant dispute or need assistance in negotiating a purchase, we can provide you with solutions that are tailored to your needs.
More Than 20 Years Of Real Estate Experience
Aggressive foreclosure defense is one of our areas of focus. We can assist you in assessing your situation, going over your alternatives, and coming up with potential solutions if you live in New Jersey and are in danger of losing your home to foreclosure or are considering defaulting on your mortgage. We will use the more than 20 years of business experience our attorneys and team have to safeguard your interests.
Why You Need A Foreclosure Attorney Like Kristen E. Johnson, Esq.
As part of our real estate legal practice, Kristen E. Johnson, Esq. offers foreclosure defense services to homeowners throughout New Jersey. We can assist in initiating a wrongful foreclosure case and emphasize the importance of strong legal representation. Due to our extensive knowledge of foreclosure laws, we can help you protect your rights and save your home.
Understanding Wrongful Foreclosure
Wrongful foreclosure is a serious issue that can have devastating consequences for homeowners. It occurs when a mortgage lender or mortgage servicer forecloses on a property without following the proper procedures or by violating the homeowner’s rights.
This can happen due to various reasons such as miscommunication, mismanagement of mortgage payments, or failure to honor loan modification agreements. Homeowners who are facing wrongful foreclosure can seek the help of experienced wrongful foreclosure attorneys to protect their rights and prevent the foreclosure process from moving forward.
If you suspect that your foreclosure is wrongful, it is crucial to act quickly. An experienced wrongful foreclosure attorney can review your case, identify any violations or errors made by the mortgage lender or servicer, and take appropriate legal action to halt the foreclosure. By understanding your rights and seeking professional legal assistance, you can protect your home and your financial future.
The Foreclosure Process in New Jersey
In New Jersey, the foreclosure process typically begins with a default on the part of the borrower. The mortgage holder must send the borrower a written notice of intent to foreclose, which must be published in the official county newspaper and filed with the county clerk’s office.
The borrower has a certain period, usually 30 days, to cure the default before the foreclosure process can proceed. If the borrower fails to cure the default, the mortgage holder can file a foreclosure lawsuit and seek a court order to sell the property at a foreclosure sale.
However, if the borrower can prove that the foreclosure is wrongful, they may be able to stop the foreclosure process and seek damages. This is where the expertise of a foreclosure attorney becomes invaluable. They can help you navigate the legal complexities, challenge the foreclosure in court, and work towards a resolution that protects your interests.
You May Find the Foreclosure Process To Be Complicated
Complex defenses exist against foreclosure. Property owners can think their foreclosure was unfair, but often lack the knowledge or means to mount a case.
If the lender has neglected to follow important steps in filing the foreclosure action, a foreclosure defense lawyer from our firm will be able to help. Additionally, because our qualified lawyers are knowledgeable in real estate law, they will be able to advise the court of any errors the mortgage servicer made on your account. It is crucial to file within the statute of limitations to ensure a successful defense.
Any defenses must be supported by legal knowledge of foreclosure proceedings.
Protecting Your Rights as a Homeowner
As a homeowner, it is essential to understand your rights and protections under the law. The Fair Debt Collection Practices Act (FDCPA) and the Truth in Lending Act (TILA) are federal laws that regulate the foreclosure process and provide protections for homeowners. These laws ensure that mortgage lenders and servicers follow fair practices and provide accurate information to borrowers.
Homeowners who are facing foreclosure should seek the help of experienced wrongful foreclosure attorneys to ensure that their rights are protected. Wrongful foreclosure attorneys can help homeowners navigate the foreclosure process, negotiate with mortgage lenders, and seek damages if the foreclosure is found to be wrongful. By working with a knowledgeable attorney, you can ensure that your rights are upheld and that you receive fair treatment throughout the foreclosure process.
Stopping a Wrongful Foreclosure
Stopping a wrongful foreclosure requires prompt action and the help of experienced wrongful foreclosure attorneys. Homeowners who believe that they are being wrongfully foreclosed upon should contact an attorney as soon as possible to discuss their options. Wrongful foreclosure attorneys can help homeowners file a lawsuit to stop the foreclosure process, negotiate with mortgage lenders, and seek damages if the foreclosure is found to be wrongful.
In some cases, homeowners may be able to recover title to the property, recover the greater value of the property at sale, or recover punitive damages if the foreclosing entity committed fraud or willful malice. By taking swift action and working with a skilled attorney, you can protect your home and hold the responsible parties accountable for their actions.
We Let You Know What Your Options Are
If you are in mortgage default, a foreclosure defense lawyer can fight for your rights and suggest the best course of action. Our foreclosure defense attorney will handle all of that for you so you won’t have to do the reading, interpreting, math, and application of complicated rules. They’ll help you save time, avoid mistakes, and improve your chances of keeping your home.
Your alternatives may include filing for Chapter 13 bankruptcy, loan modification, loss reduction, or having your foreclosure attorney defend you in court. Issues with private mortgage insurance can also be a factor in foreclosure cases, as lenders may fail to cancel the insurance promptly, leading to wrongful foreclosure situations.
Your best option for your foreclosure case can be determined by weighing the advantages and disadvantages of each alternative with the help of an experienced New Jersey foreclosure attorney.
Settlement Negotiations with a Bank or Mortgage Company
It’s possible that you won’t always have to fight off the lender’s foreclosure or lose your home. There may be opportunities for compromise under certain conditions. The homeowner must evacuate the property before the foreclosure defense attorney settles claims and engages in aggressive negotiation. Mortgage companies play a crucial role in the foreclosure process, and it is important to ensure they follow legal protocols to prevent premature lockouts and property disposals.
Your lender may give you two choices if you are having problems making payments on time: bringing the loan current or paying it off completely. Due to the typical lack of financial resources on the part of the property owner, these solutions are rarely chosen. But occasionally they are successful in raising the required funds.
You might be able to negotiate a quick payoff in some circumstances. This implies that while you will still be required to make a lump sum payment, it won’t be for the entire amount you owe. Regardless of the settlement choice you select, your attorney will negotiate on your behalf to secure the best possible alternative to foreclosure.
Helping With A Wide Range Of Real Estate Issues
Kristen E. Johnson, Esq. can assist you with a vast range of real property-related issues, including:
- Wrongful Foreclosure: The firm can help homeowners file a wrongful foreclosure lawsuit to seek damages.
- Title Issues
- Loan issues, including forbearance and modification
- Bank Fraud
- Constitutional Issues w/ Home Equity Lending
- Truth In Lending Act (TILA)
- Real Estate Settlement Procedures Act (RESPA)
- Consumer Financial Protection Bureau Regulations
- Builder and Construction Issues
- Contract Disputes
- Boundary and Easement Disputes
Let Us Deal With The Banks And Mortgage Lenders
Working with financial institutions on your own might be difficult. In particular, if you don’t have a thorough understanding of the law to support you, you could feel helpless. But with a New Jersey real estate law expert by your side, you may feel assured that you are being handled fairly by your lender.
It is crucial to ensure that the mortgage lender owed a legal duty to their clients and that these obligations are met. We have also acted as creditors’ counsel in the past and are familiar with the most efficient methods for getting your debts settled.
You Could Settle Your Debts For Less Than You Owe
We frequently reach an agreement with your creditor to settle your debts for less than the amount you owe when you have liens on your property or are unable to make your payments. Ultimately, lenders and lien holders would prefer to have a partial payment of your obligation than no payment at all. Whether or not this is a viable choice for your situation is something we consider carefully.
Schedule Your Reduced-Rate Initial Consultation
In order for you to resume living your life, it is our intention to handle all of your real estate concerns. Our legal company is one of the few in New Jersey whose real estate expertise and attention to detail are as respected.
To make it simpler for you to begin working on your case, we provide consultations about your case. To make an appointment, give our office a call 732-477-4921, or contact us online for additional details.