Facing NJ Foreclosure? Why You NEED a Foreclosure Defense Attorney

nj foreclosure defense attorney

If you’re facing foreclosure proceedings, it can seem like the worst has already happened to you. In such circumstances, some New Jersey homeowners elect to represent themselves (via filing a pro se answer), skipping meeting with a foreclosure defense attorney at all. The question sometimes seems to be why someone who has already begun to lose their home would need—or choose to spend money on—a foreclosure defense attorney?


You NEED a foreclosure defense attorney in New Jersey!


 

The frank truth is that a defendant who chooses to file a pro se answer is almost certainly wasting both their time and their money at a time when both are most needed. New Jersey Court Rules that speak to mortgage foreclosure are wholly different from those governing other matters, so an individual’s or family’s attorney (who specializes in other areas of the law) may not be able to provide adequate legal advice in such cases.

Did you know that having a modified home loan isn’t a valid defense against foreclosure in New Jersey? So even if you’ve already rearranged your finances and have come to an agreement with the holder of your loan (good luck with that), the court is really only interested in the agreement you had, how much you owed, and the legal right of the plaintiff to foreclose on  you. If you’re expecting compassion and empathy when you get to court, think again.

There are even times when a homeowner HAS had valid legal ground on which they could have based a strong defense, yet due to their lack of information, they have missed this life-altering opportunity entirely. Instead of saving their homes, they have lost their opportunity to influence the foreclosure proceedings at all.

Occasionally, defendants may look through prior foreclosure case outcomes here in New Jersey and conclude that a foreclosure filed this year will follow the same trajectory, from legal hurdles that must be cleared to causes of delays. However, the cause of delays and catalysts for prior successful defense can be entirely different now than they were even five years ago. Furthermore, a competent review of such cases often reveals that mitigating factors were not at all what a lay defendant has taken them to be, thus a defense based on the factors the cases may have in common is not going to prove at all helpful.

If you’re looking for legal advice online, skip the dubious sources of information and instead connect directly to our experienced New Jersey foreclosure defense attorneys.

At the writing of this article, there are no active delays in place that would serve to restrain a foreclosure plaintiff seeking judgment.

Defendants in New Jersey foreclosure cases should not develop their own defense strategies. We absolutely recommend meeting with an experienced foreclosure defense attorney who can ensure that any actions taken are in their client’s best interest.

In particular, we must reiterate that attempting to navigate the New Jersey Court Rules and New Jersey foreclosure laws is always an error that can only consume your time, your money, and perhaps your opportunity to save your home.

By contrast, meeting with an experienced foreclosure attorney can result in you having more options, a full understanding of the impact of each of these options on your finances long-term, and the peace of mind that comes along with knowing you’ve protected yourself. The legal system is not designed to take care of you; that’s our job.

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