Burlington County, NJ Mortgage Foreclosure Defense Lawyer

A foreclosure case in Burlington County starts months before anyone files a lawsuit. Under New Jersey’s Fair Foreclosure Act, the lender has to send a formal Notice of Intention to Foreclose first, and that notice sets a clock that matters to everything that follows. Young, Marr, Mallis & Associates handles bankruptcy and criminal defense matters for clients across southeastern Pennsylvania and New Jersey, and our work as a Burlington County, NJ mortgage foreclosure defense lawyer centers on using that clock, and the bankruptcy tools that sit alongside it, to keep families in their homes or buy them time to make a plan.

Whether you live in Moorestown, Mount Laurel, Willingboro, or one of the pinelands townships further east, the first documents you receive tell you a great deal. A notice of intention, a summons and complaint, a notice of sheriff’s sale: each one starts a different set of deadlines, and missing the wrong one can cost you options you would otherwise have had. The sooner someone reads those papers with you, the more of those options stay open.

Foreclosure is also not the same thing as losing the house on a set date. New Jersey is a judicial foreclosure state, which means the lender must go through the court, and that process creates real openings to cure a default, negotiate, contest the paperwork, or file bankruptcy to stop the sale.

Why Choose Young, Marr, Mallis & Associates for Foreclosure Defense in Burlington County

Young, Marr, Mallis & Associates is a firm with more than 40 years of experience in bankruptcy, criminal defense, and disability law, serving clients in Burlington, Mercer, and Middlesex Counties in New Jersey as well as Philadelphia, Bucks, Montgomery, Delaware, Chester, Lehigh, Northampton, and Dauphin Counties in Pennsylvania. Our bankruptcy attorneys have helped clients in more than 15,000 bankruptcy cases, which matters here because bankruptcy is often the strongest tool a homeowner has once a foreclosure complaint has been filed. A Chapter 13 plan can stop a sale and spread missed payments over time. A Chapter 7 filing can clear other debts that are competing with the mortgage for your paycheck.

The firm has received Avvo Superb ratings and the American Institute of Bankruptcy Attorneys 10 Best Client Satisfaction Award, and our attorneys have been featured in The New York Times and The Philadelphia Inquirer. Clients regularly describe the same things in their reviews: someone answers the phone, the process gets explained in plain terms, and they were treated with respect. One client wrote that an attorney “took the time to explain all the details about the bankruptcy proceedings from beginning to end.” For a homeowner who has never been sued before, that kind of explanation is often what turns panic into a workable plan.

Our attorneys are backed by paralegals, legal assistants, and administrative staff who keep clients informed between court dates. Our lawyers have never shied from going to trial when a case calls for it, and that willingness to litigate shapes how we approach negotiations with lenders and their counsel. We offer free confidential consultations, so you can bring your paperwork and get a straight assessment before deciding anything.

Situations That Lead Burlington County Homeowners to Foreclosure

• Job Loss or Reduced Hours: A layoff, a cut in overtime, or a gap between jobs is the most common reason payments stop. Commuters who work in Philadelphia or Camden County feel this acutely when a single paycheck carries the whole mortgage.
• Medical Bills and Illness: A serious illness cuts income and adds expenses at the same moment. If a disability claim is pending, the gap before benefits arrive can be long enough to push a loan into default, and our disability practice can sometimes address both problems together.
• Divorce or Separation: When one household becomes two, a mortgage sized for two incomes often falls behind. Disputes about who is responsible for payments can leave a loan in default while the family law case drags on.
• Adjustable Rates and Payment Shock: Loans that reset to higher payments, or escrow increases from rising taxes and insurance, can make a previously manageable payment unaffordable.
• Failed Loan Modifications: Some homeowners apply for a modification, get strung along for months, and end up further behind with added fees. Dual-track servicing, where a lender processes your modification and the foreclosure at the same time, is a recurring problem.
• Servicer Errors and Documentation Defects: Misapplied payments, wrong amounts in the notice of intention, and gaps in the chain of ownership of the note are all things a defense lawyer checks. A defective notice can be grounds to challenge or delay the case.
• Second Mortgages and Home Equity Debt: A junior lienholder can start its own foreclosure, and the debt behind it may be addressable in bankruptcy even when the first mortgage is not.
• Self-Employment and Business Downturns: Owners of small businesses in Burlington County often tie their personal finances to the business, and a bad stretch can sink both at once.

What to Do Right Now If You Have Received Foreclosure Papers

Start by figuring out which stage you are in, because the answer controls your deadlines. If all you have is a Notice of Intention to Foreclose, the lender cannot file the complaint until at least 30 days have passed, and the notice must give you a cure date at least 30 days out. The lender is also allowed only a limited window, no more than 180 days, to file after sending it. That period is the cheapest time to act: you may be able to catch up on arrears, apply for a modification, or prepare a bankruptcy filing before a lawsuit exists.

If you have already been served with a summons and complaint, you have 35 days from receipt to file a written Answer. Do not ignore it. A homeowner who does nothing lets the lender move toward a default judgment, and the case shrinks to a question of how soon the sale is scheduled. Filing an Answer keeps you in the case and preserves defenses. You can also cure the default and reinstate the loan at any point up until a final judgment is entered, which is a right many homeowners do not know they have. Get a reinstatement figure in writing from the servicer and compare it against your own records.

Gather your mortgage note, any modification paperwork, the notice or complaint you received, recent statements, and records of every payment you made. Write down every conversation with your servicer, including dates and names. Check for envelopes and certified mail slips too; how and when the notice was sent can matter. And do not sign any “workout” or deed-in-lieu paper from a lender or a third-party company without having it reviewed first.

If bankruptcy is part of the plan, the filing location depends on where you live. Burlington County is split between two vicinages of the United States Bankruptcy Court for the District of New Jersey. Residents of Cinnaminson, Delran, Edgewater Park, Evesham (Marlton), Maple Shade, Moorestown, Mount Laurel, Palmyra, Riverside, and Riverton are in the Camden vicinage, while the rest of the county falls in the Trenton vicinage. We make sure the petition goes to the correct clerk. Filing triggers the automatic stay, which pauses the foreclosure, and the timing of that filing relative to a scheduled sheriff’s sale is something we look at closely.

Do not let the lender or a stranger on the phone tell you that you have no options because you are behind. New Jersey also requires lenders to file notice information with the Department of Community Affairs, and a lender that skipped that step or fumbled the notice may have given you an argument.

How Bankruptcy Fits Into a Foreclosure Defense

People often assume bankruptcy and foreclosure defense are separate fights. In practice they overlap heavily. Chapter 13 is the usual choice when the goal is to keep the house: you propose a plan that cures the missed payments over time while you stay current going forward, and the automatic stay halts the foreclosure while the plan is pursued. Chapter 7 does not generally cure mortgage arrears, but it can eliminate credit cards, medical bills, and other unsecured debts, freeing income to make the mortgage payment or to negotiate from a stronger position.

Exemptions matter when you are weighing a filing. New Jersey lets filers choose between the state exemption set and the federal exemptions, but not a mix of both. New Jersey has no standard homestead exemption under state law, so how much equity you can protect depends on which set you choose and the specifics of your property. That is a good reason to have an attorney run the numbers before you file rather than after.

If the house is not worth saving, bankruptcy can also support an orderly exit, such as a negotiated surrender, while limiting what you owe afterward. We lay out each path candidly, including the ones that mean letting the property go, so you are choosing with real information.

Frequently Asked Questions About Foreclosure Defense in Burlington County

How long do I have to respond once I am served with a foreclosure complaint?

You have 35 days from receiving the summons and complaint to file a written Answer. Missing that deadline lets the lender seek a default and move the case toward judgment and sale much faster.

Can I stop a foreclosure by filing for bankruptcy?

Filing triggers an automatic stay that halts most collection activity, including a foreclosure and sheriff’s sale. Whether it permanently saves the house depends on the chapter you file and whether you can afford the payments going forward. Chapter 13 is the usual route for catching up on arrears.

What is a Notice of Intention to Foreclose?

It is the formal warning a lender must send before filing a complaint. It must go by regular and certified mail, return receipt requested, at least 30 days and no more than 180 days before the complaint is filed, and it must state a cure date at least 30 days after the notice takes effect.

Can I catch up on missed payments and keep my home?

Yes. You can reinstate the loan by paying the amount needed to cure the default at any time before a final judgment is entered. After that point, your options narrow considerably, which is why acting early matters.

Does the lender have to go to court in New Jersey?

Yes. New Jersey handles foreclosures through the courts rather than by out-of-court sale. That gives homeowners a chance to appear, raise defenses, and contest the lender’s paperwork.

Will foreclosure defense cost me the house faster if I fight it?

No. Responding to the complaint generally preserves your rights and can slow the case, while ignoring it speeds up a default. Fighting back does not shorten your timeline, and it opens room to negotiate or restructure.

What if my lender is dragging out a loan modification while moving ahead with foreclosure?

That is a common and frustrating situation. Keep a record of every submission and response, and do not assume a pending modification stops the case. File your Answer on time regardless, and tell us about it so we can raise it with the lender or the court.

Can I still be sued for money after the house is sold?

It can happen when the sale price falls short of the debt, depending on the loan and the circumstances. A bankruptcy filing can address that kind of leftover personal liability, which is one reason to review it before a sale occurs.

How does a foreclosure affect my credit and future home buying?

A foreclosure remains on your credit report for years and can make a new mortgage harder to get for a period afterward. Resolving debts through bankruptcy and rebuilding steadily is often a faster route back than letting accounts stay in collections.

Should I hire a lawyer if I think I am going to lose the house anyway?

Often that is when a lawyer helps most. Even when keeping the property is unrealistic, an attorney can negotiate timing, limit what you owe afterward, and use bankruptcy to deal with the other debts attached to the same financial crisis. A free consultation costs nothing and gives you a realistic read.

Can a disability claim or income change help my foreclosure case?

It can change the plan. If a denied or pending disability claim is the cause of the missed payments, resolving it may restore income, and your income level shapes what a Chapter 13 plan can look like. We can coordinate those pieces.

Serving Burlington County Homeowners Facing Foreclosure

Our foreclosure and bankruptcy work for Burlington County residents covers the communities along the Delaware River, including Burlington City, Delran, Riverside, Cinnaminson, Palmyra, Beverly, and Edgewater Park, and the inland suburbs of Moorestown, Mount Laurel, Maple Shade, Evesham, and Medford. We also serve homeowners in Willingboro, Pemberton, Lumberton, Southampton, Bordentown, and Springfield Township, and in the pinelands communities of Tabernacle, Shamong, and Woodland Township.

Beyond Burlington County, we represent clients in neighboring Mercer and Middlesex Counties in New Jersey, and across southeastern Pennsylvania in Philadelphia, Bucks, Montgomery, Delaware, Chester, Lehigh, Northampton, and Dauphin Counties. Wherever the property sits, the same priorities apply: read the papers carefully, protect the deadlines, and choose the strategy that fits your finances.

Talk to a Burlington County Mortgage Foreclosure Defense Attorney Today

If you have received a notice of intention, a summons and complaint, or a sheriff’s sale date, call Young, Marr, Mallis & Associates for a free confidential consultation. A Burlington County mortgage foreclosure defense attorney from our team will review your documents, explain where you stand in the process, and lay out the realistic options, from reinstatement and negotiation to Chapter 13 or Chapter 7 bankruptcy. The earlier you call, the more choices you are likely to have.