Elizabeth, NJ Mortgage Foreclosure Lawyer
“Foreclosure” is a term that can scare many people. For many, it represents losing a home, business, or other building that they no doubt worked very hard to obtain and improve upon. The prospect of losing something that you have poured your metaphorical blood, sweat, and tears into can be scary and anxiety-inducing. Additionally, the foreclosure process is foreign to many, uses many strange terms, and is very complicated.
That is where our lawyers come in. We have the legal experience to know how to handle foreclosure proceedings or dodge them entirely. We are here for you when you are faced with the prospect of an impending foreclosure on your property.
For a free review of your case, call our mortgage foreclosure lawyers with Young, Marr, Mallis & Associates at the number (609) 755-3115.
What is Foreclosure?
A foreclosure is a legal process by which someone takes property as payment for a debt. The idea is that the lender puts money towards letting someone purchase a property, and since that person is no longer making payments, the lender is allowed to take the property and try and sell it to obtain the money they are owed by the debtor and are currently not receiving.
Why is My Elizabeth, NJ Property in Mortgage Foreclosure?
It can sometimes seem that foreclosure happens out of the blue. This is because foreclosures and real estate law as a whole use some archaic language that is not always used in common parlance. This can be confusing to people – even lawyers – who are not “in the know” about foreclosure law. Fortunately, our foreclosure lawyers have compiled some explanations of terms you may run into when dealing with a potential foreclosure in New Jersey. This way, you can know why and how foreclosure works for your situation.
Foreclosures often refer to a “mortgagor” and “mortgagee.” These terms are as archaic as they sound, but they are still used because real estate law moves at a glacial pace in some areas. A mortgagor is simply a borrower. They are the party bound by the mortgage. A mortgagor could be referred to as a borrower, debtor, or mortgagor.
The “mortgagee,” on the other hand, is the lender. Usually, the mortgagee is a bank or other entity with lots of capital to throw around. A mortgagee may also be referred to as a lender or creditor.
A “default” or “event of default” under a mortgage is something stated in the agreement that allows for one of the parties to take certain actions. Events of default specifically refer to things that constitute a breach of the agreement by one of the parties. Failure to make payments on time is almost always an event of default, but there can be other events of default present in a mortgage. Our lawyers can examine your mortgage to help you see if there are any events of default that may have been triggered.
The foreclosure itself is often listed as something that can happen if a party defaults on a mortgage. Therefore, if you believe that you have not defaulted under the terms of the mortgage, you may be able to show the court that you should not be getting foreclosed on.
An acceleration clause is a part of a mortgage that allows a lender to demand all of the money they are owed immediately, regardless of any payment plans that are in place. Usually, acceleration clauses are used in events of default, but they may be in other locations depending on the particular construction of a mortgage.
When Can Mortgage Foreclosure Proceedings Start in Elizabeth, NJ?
It may be comforting to know that foreclosure proceedings cannot start right away. This is mandated by federal regulations. Under 12 C.F.R. § 1024.39, lenders need to let you know that you are at risk of being foreclosed no later than 45 days after the first missed payments. The first notification is merely letting you know that you are at risk of foreclosure if you do not take any steps to change things. At this point, they also have to let you know about any options you may have to try to reword your payments or otherwise mitigate loss.
After another 45 days, the lender must notify you again in a similar way. Finally, a lender is allowed to file a foreclosure complaint with a court after 120 days from the first missed payment. By that point, if they have played by the rules, they have notified you of your situation, and you should be taking steps to prepare for a foreclosure. However, if they did not tell you anything, our lawyers may be able to take that information to court and have something done about it.
How Do I Stop Mortgage Foreclosure in Elizabeth, NJ?
There are a couple of ways to stop foreclosure proceedings. When you talk with our foreclosure lawyers, we can figure out which method makes sense for you.
The most straightforward way to stop a foreclosure is to simply make payments to the lender. However, if you are facing foreclosure already, this may not be a realistically feasible option, so other choices may need to be made.
Another way would be to try to restructure the mortgage with your lender. Ultimately, lenders just want to get paid, so our lawyers may be able to convince them to reword the mortgage with you so that you are better able to make payments.
Finally, you can file for bankruptcy. When you declare bankruptcy in court, all attempts to collect debt from you, which includes foreclosures, are stopped dead in their tracks. Filing for bankruptcy is a serious decision that should not be taken lightly, but if it is determined to be a good move, you may want to consider filing to stop foreclosure proceedings.
Talk with Our Elizabeth, NJ Mortgage Foreclosure Lawyer Today
Young, Marr, Mallis & Associates has mortgage foreclosure lawyers ready to help you with your case when you call (609) 755-3115.