Aging in Place: Avoiding NJ Foreclosure in Retirement

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Entering retirement can be a time of celebration and relaxation, but it can also lead to financial stress. You’ve spent your whole life working towards this moment, but managing your finances on a fixed income can be hard to get used to. While ideally you would be living debt-free in retirement, many homeowners are taking their mortgages and other debts with them into their senior years. If you are worried about how to continue to pay for your home after retirement, there are some steps you can take to avoid facing a NJ foreclosure.

No matter how much you plan for retirement, one unexpected event can throw everything off balance. Unforeseen expenses are some of the biggest reasons retirees struggle to make their mortgage payments. Medical bills can quickly amount to a small fortune. Divorce can leave one person struggling to make mortgage payments alone. Loss of income can affect homeowners even after retirement, due to loss of a part-time job or loss of invested funds. If you find yourself facing even one of these hardships, it may be difficult or impossible to make a mortgage payment.

If you believe a lower monthly payment would allow you to stay in your home, you should consider a loan modification. With a loan modification, your interest rate can be lowered, the loan term can be extended, and/or the principal can be reduced to make monthly payments more affordable. In order to be eligible for a loan modification, you need to prove to your lender that you can’t afford your current mortgage payment, but could if the payment was lowered.

When applying for a loan modification, it is really helpful to have an experienced attorney advocating for your interests. When applying alone, homeowners inexperienced with the process can make mistakes or neglect to provide sufficient evidence of their income. Lenders will reject applications if they believe the requester doesn’t have enough income to meet the lower payments. However, it may just be that you have not listed all of your income, or have have failed to describe your income appropriately. Any money you are receiving has the potential to help your chances of getting approved for a loan modification. At Veitengruber Law, we know what lenders are looking for and how to create an application will be approved.

While you are working to avoid foreclosure, it might be worth looking into increasing your income. If you have the space, renting a room to a relative or friend or renting out an unused space for storage can help supplement your retirement plan. Many retirees hold part-time jobs like dog walking, babysitting, elderly care, and freelancing. Even if you only take a job long enough to get your loan modification approved and pay off some debts, you can resume a carefree retirement once the threat of foreclosure is no longer looming.

The State of New Jersey has made efforts to give retirees a better chance of maintaining their standard of living while continuing to live in the garden state. Law makers have stepped in to help struggling seniors with the Property Tax Reimbursement Plan, also known as the “Senior Freeze.” For seniors who meet a list of requirements, this program freezes property taxes at the amount paid at the time of retirement. Under this program, any increases in NJ property taxes paid since retirement will be reimbursed. This program helps struggling seniors achieve a more consistent, lower cost of living.

Your retirement years should be stress-free and happy. Veitengruber Law is experienced in offering expert legal and financial advice to carry you through retirement with financial security. Enjoy your golden years the way you should—in the comfort of your own home.

STOP a NJ Sheriff’s Sale and KEEP YOUR HOME

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In New Jersey, it can take a long time to foreclose on a home. There are a lot of options to explore before you get to the point of foreclosure. If, however, you find yourself unable to work with your lender to get a loan modification and a foreclosure commences, you may be facing a sheriff sale of your home. The good news is, even at the point that a sheriff sale has been scheduled, there are still ways to stop the auction and save your home. Veitengruber Law is here to offer valuable legal advice to get you through this time sensitive situation.

After it has been decided the home will go to sheriff’s sale, the lender or the homeowner can ask the court to adjourn, or postpone, the sale temporarily. Under NJ law, the adjournment can be requested for any or no reason at all, but the homeowner can only ask for adjournment twice whereas the lender can ask as many times as they want. These adjournments last for two weeks and give the homeowner time to consider their options.

In New Jersey, each county has its own adjournment procedures and sets its own costs for requests. Generally, the fee is small – around $28 – in most counties. All requests for adjournment must be made in person and the fee must be paid up front. The request can be made in a letter listing the docket number and sheriff sale number along with the property address and date of the sale. Some counties offer a standard form to request the adjournment. We can help you submit this request to make sure you are approved for your two week adjournment.

In limited situations, the homeowner can ask for additional adjournments. This formal request to the Court would only be granted for good cause, like if a sale of the home is pending or the homeowner is likely to be approved for a loan modification. Additional requests for adjournment can be costly and are at the full discretion of the judge, so it is important to try to work toward a solution within the time limits provided by your two allotted adjournments.

Once the sale of the home has been stalled or stopped, you have a few options to consider. Because you have missed more than three payments, the loan is declared to be in default and the lender will not just let you start paying again to catch-up on missed payments. These missed payments and late fees are combined with any real estate taxes or insurance that has been paid by the lender along with any legal fees to make up the “arrears.” The arrears must be paid before the lender will allow you to start making monthly payments again.

There are a few ways to pay off the arrears. The first is to pay them off in one lump sum, which can be difficult if not impossible for most people. The second is to negotiate a loan modification with your lender and have the arrears added to the principal balance of the loan. Even if you have tried and failed to get a loan modification in the past, with Veitengruber Law’s help it may still be possible to work out a loan modification. This could permanently close your foreclosure case and save your home. A loan modification is often the most ideal way to resolve a foreclosure case and we will do everything they can to work toward this goal.

The final option to repay arrears and end your foreclosure case while keeping your home is to file for Chapter 13 bankruptcy. Once bankruptcy is declared, a sheriff sale of your home will be immediately stopped. While the idea of filing for bankruptcy can seem intimidating, bankruptcy is actually a very useful legal tool to get back on top of your finances. A Chapter 13 bankruptcy will likely save your home from foreclosure and also give you options to mitigate your debts. If you also have excessive credit card debt or other debt from medical or other unplanned expenses, these debts can be managed within the same bankruptcy case. Working with an experienced  bankruptcy law attorney who also provides foreclosure defense services will help you determine the best way to save your home and get you on the path to a better financial future.

There are a lot of considerations to take into account when facing a sheriff sale of your home in New Jersey. We understand that this is a deeply personal decision and we will be there to support you every step of the way. Don’t assume you are out of options because a sheriff’s sale is scheduled. Contact us today for an expert assessment of your situation and save your home!

Navigating the NJ Foreclosure Process

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New Jersey has the highest rate of foreclosure in the United States.  More than 74,000 homes went through the foreclosure process in 2016 and while some improvement was seen in 2017, this remains a huge issue for New Jersey residents. Navigating the NJ foreclosure process can be overwhelming to say the least. At Veitengruber Law, it is our goal to give our clients peace of mind during this complicated process.

It is important to note that NJ is a judicial foreclosure state. This means all foreclosures must go through the court system. The lender must sue the occupant in an attempt to get his/her investment back. The process is cumbersome and time consuming, with the state taking on average 1,300 days to foreclose a housing unit.

A foreclosure starts with the occupants of a home missing a mortgage payment. The foreclosure proceedings can begin after one missed payment, but this is rare. Generally, most lenders allow 120 days after a missed payment before starting the foreclosure process.

Before the lender can initiate foreclosure proceedings, the lender is required by law to send a ‘Notice of Intention to Foreclose.’ This is a formal letter indicating the rights of the occupant to cure the debt and the amount required to do so. The letter must also indicate the occupant’s right to contact an attorney during the foreclosure process.

After the Notice of Intention is sent, the lender will file a lawsuit in court. The lawsuit will indicate that the lender is trying to sell the house to satisfy the money owed. Once the lender serves the occupant with the lawsuit, the occupant will have 35 days to respond. In order to dispute the lawsuit, the occupant must respond to the suit in front of the judge in order to explain why they legally should not lose their home. If this time passes with no response, the lender can ask the judge for a default judgment and potentially win the suit.

If the lender wins the suit, they can sell the house. NJ has a ‘right to redeem’ law which allows the occupant a short period of time to get the house back, typically lasting up to ten days. After this, the court will order the sheriff to initiate a sheriff sale, or public auction. The occupant will receive notice of the date of the sale and will have the chance to request a two-week postponement in order to gain more time to either refinance or sell the property. The deed to the home will be transferred to the lender two weeks from the date of sale.

While NJ certainly does have laws to protect home owners, it is important to act fast and with a full understanding of the law. The attorneys at Veitengruber Law are experienced in foreclosure law. Every foreclosure has its own complications and one mistake can mean the loss of your home. Having an experienced NJ foreclosure attorney during this process can help in several ways. Foreclosure defenses are complex and foreclosure law is always evolving. When your home is on the line, it is important to have an expert on your side to ensure you are complying with detailed court filing procedures and rules.

Image: “House Keys” by Steven Depolo – licensed under CC 2.0

Reverse Mortgage Foreclosures: Can They Be Stopped?

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What are reverse mortgages?

Reverse mortgages allow homeowners ages 62 and up to borrow against the equity of their primary residence to receive a loan in the form of either a revenue stream or a lump sum of money from their lender. In order to be eligible for a reverse mortgage, homeowners must first meet a few basic requirements.

The homeowner(s) have to be at least 62 years old and either own their home outright or have a very strong equity built up and owe very little on their mortgage. They must also occupy their home as their primary residence and hold the title to their home. While they typically get a bad rap, reverse mortgages oftentimes provide senior citizens with a valuable and much-needed source of funding to assist with a wide variety of needs that can occur with aging.

Some common reasons seniors seek reverse mortgages are to:

  • Finance a child’s college education
  • Pay for necessary medical expenses and bills
  • Fund home repairs and remodels
  • Supplement social security income to maintain an adequate standard of living throughout retirement.

It is worth noting that while the homeowner gets to remain living in their home and keep the title to the home as collateral, they are still required to pay all necessary taxes, property maintenance and repair costs, homeowner’s insurance payments, and interest and fees on their loan.

What happens if circumstances change?

While reverse mortgages can be a feasible and even financially sound option for certain people, there are some potential pitfalls to take into consideration before ever opting for a reverse mortgage in the first place. It is important to understand the specifics of what you are undertaking as a homeowner. For instance, a reverse mortgage is immediately owed back to the lender upon the occurrence of any of the following circumstances:

  • The borrower(s) decide to transfer the title or sell the home and succeed in doing so.
  • The borrower(s) reside elsewhere for over a year, thereby relinquishing the primary residence status of the home in the eyes of the lender.
  • The borrower(s) fail to meet the terms and conditions of the mortgage; for instance falling delinquent in homeowner’s dues or property taxes, or allowing the condition of the property to substantially deteriorate.
  • The borrower(s) pass away.

If in the near future you are considering moving, living away from your home for more than a year, or if you currently have a terminal illness, you may want to look into alternatives to a reverse mortgage so that you do not leave your loved ones in a bad financial situation upon your departure.

IMPORTANT NOTE: Once the reverse mortgage becomes due for any of the aforementioned reasons, the homeowner(s) (or their heirs) are legally liable to pay back the lender in full, including any applicable taxes and fees.

Can a reverse mortgage foreclosure really be stopped?

If you find yourself or your loved ones on the verge of a reverse mortgage foreclosure, you are not entirely without viable options. Contact a NJ real estate lawyer or foreclosure defense attorney who can help determine if you are eligible for a reputable loan modification on the reverse mortgage. There is also the option of selling the property yourself or allowing a relative or friend to pay off the remaining balance owed on your reverse mortgage.

A real estate attorney with experience in NJ reverse mortgage foreclosures will be best equipped to help answer any questions you may have and help you weigh the pros and cons of all your options. They will walk you through every step of the decision-making process with the end goal of ultimately helping you avoid a reverse mortgage foreclosure.

Why Post-Sheriff’s Sale Mortgage Modifications are Unicorns

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Homeowners who have found themselves struggling to make their mortgage payments may end up in foreclosure sooner rather than later. Even missing a few payments, even if you then get back on track, can cause some lenders to initiate foreclosure proceedings.

It’s true that it can be easier to ignore a potential “foreclosure warning,” even if you know you’re behind on your mortgage. Believe us when we say that burying your head in the sand is something A LOT of people do. The problem with this coping technique is that it almost always ends up with the homeowner losing their home to foreclosure – even if that is not what they want.

If you’ve found yourself at risk for foreclosure, it’s important to seek help NOW from a NJ foreclosure defense attorney before your home is foreclosed by your lender. Once your home is sold at Sheriff’s Sale, it is much more difficult to redeem your mortgage (read: get your home back).

When a property has already been foreclosed upon and the Sheriff’s Sale has passed, the original homeowner has ten (10) days to redeem the mortgage. As you can imagine, ten days is a very short period of time for any legal process. (NJ foreclosures fall under the category of “judicial foreclosures,” which means all documentation and proceedings must go through the New Jersey Court system.)

Because the ten-day time limit post-Sheriff’s Sale is so painfully short, we often say that a mortgage modification after foreclosure sale is a unicorn. They are rare, hard to accomplish, and almost impossible to find examples of.

UNLESS…

You can increase your odds of being approved for a mortgage modification after foreclosure sale – and that is by filing for bankruptcy. In New Jersey, filing for bankruptcy gives foreclosed homeowners sixty (60) days post Sheriff’s Sale for redemption.

Sixty days is a whole lot better than ten days! In two months, Veitengruber Law can help you apply for and obtain a mortgage modification even after your home has been sold at Sheriff’s Sale. HOWEVER, the odds of success of receiving a loan modification within that 60 period is fairly low.  It requires the homeowner to be organized and diligent in document production. It also may require a short sale or a hard money loan (or 401K loan, pension loan, or personal [family] loan).

A mortgage modification is necessary because your previous monthly mortgage payment was obviously too high. Redeeming (re-assuming) your mortgage as is will only end badly. You also have the option to attempt to sell the home via sale, short sale or Deed-in-lieu.

For whatever reason, if you don’t want to file for bankruptcy, the chances of saving your home via redemption after the foreclosure sale are low due to the ten-day bankruptcy guideline and you will have a relatively short amount of time to vacate your home after the sheriff sale occurs.

On the flip side, homeowners who proactively approach a foreclosure defense attorney before their home has sold at Sheriff’s Sale have a much better chance of being approved for a mortgage modification. This will allow you to keep your home without struggling so hard to make your mortgage payments, as they will be reduced to fit within your budget. Once you are approved for a mortgage modification, your foreclosure case will be closed.

NOTE: If your home is scheduled for Sheriff’s Sale within 37 days or less, you will need to file for bankruptcy in order to apply for a mortgage modification. This is further proof that taking action as soon as possible is best if you want to keep your home. When you come to your NJ foreclosure defense attorney more than 37 days before your Sheriff’s Sale, you’ll have more options, and you will not have to file for bankruptcy.

 

 

NJ Mortgage Help for Single Parents

Going through a separation and divorce is never easy, but the complication level increases when you add children to the mix. Establishing a stable family life for your kids is something every good parent strives to do, and divorce can throw a wrench into even the best laid plans.

Supporting the expenses required as a newly single parent is a daunting task as you attempt to maintain as much constancy and normalcy for your children as possible. To that end, the marital/family home is most often where divorced parents elect for their children to remain living.

With that being said, finances don’t always stretch far enough for one parent on their own to pay the mortgage on that family home, along with all other monthly expenses. If both parents are able to pitch in financially to keep the children and one parent in the home, the chances of losing the home are lower. However, the threat of foreclosure for recently divorced single parents is real, and although frightening, it is not something that will go away if you ignore it.

If you are a single parent fighting to keep the home your children have thus far grown up in, you may be overwhelmed by the responsibility of making that monthly mortgage payment on your own. Missed payments are common after significant life events like job loss, illness, death, and, you guessed it – divorce.

The bank will never throw me out since I have young children, right?

Unfortunately, too many people simply give banks and lenders a lot more credit than they deserve. Your bank does not care if you have children, an elderly parent, three sick dogs and a chronic illness – their bottom line is money. You may think, “But there are people working at that bank; surely there is someone there with enough empathy to see that I am struggling.”

While that may be true – of course there are kind people working in banks and lending institutions – they must follow the instructions they are given by their superiors. A mortgage loan that is not being paid on time or at all WILL be sent into foreclosure by the lender. The question is not “If” but “When.”

How can I keep the bank from foreclosing? I just need a little more time!

The best move you can make if you’re in a similar situation is to take action before your home is foreclosed upon by your lender. You may qualify for a loan modification or refinancing. A New Jersey foreclosure and bankruptcy attorney should be the next person you call. Not many attorneys specialize in both areas, so it is important that you work to find a certified NJ attorney who has the experience you need.

Why do I need a bankruptcy attorney? I’m not broke and I want to keep my home.

An experienced NJ attorney who handles both foreclosure defense and bankruptcy matters will be able to stall your foreclosure by using the Automatic Stay. This tactic can only be utilized if the debtor files for bankruptcy.

Even if filing for bankruptcy was not on your top ten list of things to accomplish in life, it is a means to an end that has helped a multitude of people in your exact situation before.

 

Image: “Mother’s Moment” by Leonid Mamchenkov – licensed under CC 2.0

Veitengruber Law: Working with Elder Lawyers

 

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Elder law is the legal practice that focuses on representing senior citizens in regards to age-specific issues like: estate planning, Medicaid, disability, long-term care, administration of wills, guardianship, commitment, elder abuse protection, end-of-life planning, nursing home care and contracts, and many other issues that may arise in the aging population.

Essentially, elder law attorneys have a loaded job description: representing older Americans in just about any legal area you can think of. As you can imagine, it can be a bit overwhelming if a client (or couple) has a lot of needs at the same time.

Attorneys who get the best results for their clients are those who have a narrow area of focus. This allows them to become experts in their practice area(s) in order to both expedite the processes required by their clients and to get reliable, high quality results. Elder law attorneys who concentrate solely on elder law are consistently great at what they do.

Even so, the elder law attorney may still find himself overloaded with work from time to time, when, as mentioned above, a particular client requires a lot of attention. Additionally, any attorney can get overwhelmed if they have a sudden rush of new clients.

Elder law attorneys assist a specific type of client (the aging) in a variety of areas. This makes them the perfect partner for an attorney who specializes in specific areas rather than type of client.

Example: Elderly clients Fay and John come to your elder law practice wanting to set up their estate plans. They have a lot of assets (but not a lot of money), numerous beneficiaries and stipulations, and present a rather challenging and time consuming case. In addition to estate planning, Fay is also having issues with Medicaid that need attention, and John’s sister has just entered a nursing home wherein they suspect she is being neglected and/or abused.

On top of all of that, Fay and John stopped paying their mortgage six months ago and are about to lose their home to foreclosure. Although they knew foreclosure was inevitable, they’ve now realized that renting or buying another home will cost more than they were already paying their mortgage company each month. They want to know how they can save their home, which is scheduled for Sheriff’s Sale in two weeks.

The best option for their elder law attorney in this situation would be to connect them with a local foreclosure defense attorney who has significant experience in “last minute” foreclosure saves. By working together, both attorneys can provide everything Fay and John need so that they can continue living comfortably in retirement.

Other reasons to consider taking a “tag team” approach to an elder law practice include: clients who need to file for bankruptcy, real estate contract review, landlord/tenant disputes, credit repair, debt resolution and elder fraud.

Veitengruber Law is a full-service real estate and debt relief solutions law firm in New Jersey helping clients with foreclosure defense, bankruptcy, credit repair and other debt relief problems. We welcome any elder law attorneys who’d like to collaborate in order to give our joint clients the best results possible through retirement and beyond. We have offices in Monmouth, Burlington and Camden Counties and also serve Ocean, Mercer and Gloucester county clients.

Connect with us on LinkedIn, shoot us an email or give us a call. Monmouth, Ocean and Mercer Counties – (732) 852-7295; Camden, Burlington and Gloucester Counties – (609) 297-5226 or (856) 318-2759.

Image credit: C.Performa

Can I File for Bankruptcy to Delay Foreclosure on My Home?

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Filing for bankruptcy isn’t only helpful for alleviating excessive debt, although we primarily associate the two together. Sometimes, filing for bankruptcy can be used as a strategy of sorts in order to allow you and your attorney enough time to formulate an effective foreclosure defense strategy so that you can keep your home.

Another good time to file for bankruptcy is if you’re attempting to sell your home as a foreclosure defense strategy, but the real estate process is dragging on interminably. Bankruptcy’s automatic stay* feature will stall a foreclosure long enough to allow your real estate transaction adequate time to proceed.

I didn’t know I could sell my house during foreclosure!

Oftentimes, we hear stories of homeowners devastated and displaced because of lenders foreclosing on them and then selling the property after evicting the (former) homeowners. The typical foreclosure story involves people who’ve fallen on hard times financially. Because of significant money struggles, homeowners being foreclosed upon typically don’t want to leave their homes because they do not have the means to acquire a new place to live.

Due to the overwhelming stress that most foreclosed homeowners are under, many of them simply don’t take the time to learn about all of their options. Some people wait out the foreclosure, staying in their home as long as possible without paying the mortgage, yet failing to put a plan of action into place for their future. While it’s true that burying one’s head in the sand is an ineffective solution, for some, denial isn’t just a river in Egypt.

At the end of the NJ foreclosure process your home will be sold at Sheriff’s Sale if you do nothing. Foreclosed homes typically sell for a lot less than is still owed on the homeowner’s mortgage. What this means for you as the homeowner is that your lender can seek a deficiency judgement that orders you to pay the difference between the Sheriff’s Sale price and the amount you still owe on the mortgage.

How can I avoid a deficiency judgement?

As soon as you start having money trouble that looks like it will likely end in foreclosure, list your home for sale! Yes, your home can be sold even if you aren’t making mortgage payments right now.

Selling your home before the bank has a chance to foreclose gives you a chance to achieve a higher sale price that will allow you to pay back any arrears and late fees, ensuring that your lender is paid in full. Doing so will cause a dismissal of the foreclosure and potentially put some of the equity (if you had any) into your bank account.

If your home has an offer from a seller when your lender is about to foreclose, filing for bankruptcy will activate that automatic stay* we mentioned earlier, giving you enough time to close the deal on your property before the bank has a chance to sell the home at a foreclosure sale for much less money.

Should I file for bankruptcy just to stall a foreclosure?

We don’t recommend that you file for bankruptcy if your only purpose is to delay a looming foreclosure sale, however most people facing foreclosure also have other debts that have gotten out of control.

If you have excessive medical debt, credit card debt, past-due personal loans and/or a second mortgage or home equity loan AND you’re looking a foreclosure square in the eye, filing for bankruptcy can help you hit the trifecta: discharge of your debts, foreclosure dismissal and successful sale of your home with potential equity in your pocket!

Image credit: Jabotdarobot

Can a Dementia Patient be Served with Foreclosure Papers?

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New Jersey now has more residents than ever who are age 70 or older. This is in part due to the post-war baby boom that occurred after World War II soldiers returned home to their wives in 1945. Americans are also living longer due to technological and scientific advances in the medical field that have brought about cures and/or successful long-term treatments for many diseases that used to be fatal.

While an increased life expectancy is definitely something to cheer about, the fact that more New Jersey residents are living longer also comes with some challenges. Although people are living longer due to advances in medicine, the natural aging process can’t be avoided altogether.

For example, many older Americans are in good physical health but suffer from some form of memory loss – ranging from minor short term difficulties to dementia and Alzheimer’s Disease. Caring for a loved one with dementia obviously presents a number of hurdles, most importantly monitoring them for their own safety.

What, then, is to be done when a family member with dementia has made a mess out of their finances because of their inability to remember to pay their bills?

This question is now asked a lot among adult children who are now caring for a parent with dementia or Alzheimer’s Disease. It’s a good question, but one that you probably didn’t contemplate until said papers have already been served and you find yourself in the middle of a complex legal mess.

Example: An 80 year old man with dementia, who lost his wife four years ago, now resides in a nursing home. Upon his wife’s death, the man stopped making any payments on their mortgage due to his worsening symptoms of dementia and lack of income.

The man’s adult son has taken on the role of Power of Attorney, and is aware that no payments have been made on the home since his father moved into the nursing home. Assuming that any foreclosure paperwork would be sent to him as the POA, the son was simply waiting to receive notice of the foreclosure, which never came.

The adult son (POA) did not have the resources to save the family home and planned to let the house be sold at Sheriff’s Sale in the hopes that the situation would then be settled.

The man’s OTHER adult child, however, wasn’t privy to any of this information, as she lived across the country and could only visit on occasion due to her busy work schedule. As it turned out, she did have the means (and the desire) to save the family home.

Some family friends alerted the adult children to the fact that their father’s home was listed ‘For Sale’ in the local newspaper’s Sheriff’s Sale section. After doing some digging, they discovered that the lender had served their father with the foreclosure complaint.

Having no memory of this event, their father had no idea where the paperwork was or if he had signed anything.

Is it legal to serve a dementia patient with important legal papers?

As you can well imagine, it is both unethical and unlawful to do so. Rule 4:4-4.(3) regarding issuing a Complaint and Summons, reads as follows:

“Service of Summons, Writs and Complaints shall be made as follows…(3)Upon a mentally incapacitated person, by delivering a copy of the summons and complaint personally to the guardian of the person of the mentally incapacitated individual or to a competent adult member of the household with whom the mentally incapacitated person resides, or if the mentally incapacitated person resides in an institution, to the director or chief executive officer thereof.

Do you have an elderly family member who has been served unlawfully with a foreclosure complaint? You MUST work closely with a NJ foreclosure defense attorney if you want to save the home in question! You do have rights, and Veitengruber Law can save your family home, but you must act quickly. Call or click now: (732) 852-7295.

Image credit: Pierre Honeyman

NJ Foreclosure and the Order to Show Cause

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A frequent topic here on the Veitengruber Law blog, foreclosures in New Jersey are still too numerous to count. Statistics show that the number of new foreclosures within the state are starting to decline, which is good news and tells us that the housing market is beginning to improve.

Since all NJ foreclosures are required to move through the judicial system, many of the existing foreclosure cases (that have been piling up since the Crash of 2008) are still causing long delays. New Jersey courts haven’t been able to get caught up because of the sheer number of foreclosure cases, and because of the many required steps that each case must follow.

Sometimes, because the current NJ foreclosure timeline is excessively long, homeowners can get too relaxed, thinking that they have all the time in the world to make any decisions about ‘life after foreclosure.’ It’s also common to want to ignore it, especially if it seems like nothing will ever happen.

In these cases, when their foreclosure nears the end of the process (Sheriff’s Sale), panic sets in. Properties that fall into foreclosure will be sold at a Sheriff’s Sale automatically if the homeowner doesn’t answer the original Complaint. This is known as an uncontested foreclosure.

In the event that your Sheriff’s Sale is imminent, and you (for whatever reason) left your foreclosure uncontested, the time to make a move is now. To do nothing means that your home will be sold at auction and you will be forced to move out, likely ten days after the date of the sale. Those ten days are known as the redemption period. If you can somehow afford to buy back your home, you can do so within those ten days and retain ownership of your home.

At Veitengruber Law, we’ve helped many clients who waited until ‘the last minute’ to make any decisions regarding their foreclosed home. There are several things we can do to help you save your home as long as the Sheriff’s Sale has not yet occurred – even if the sale is a few days away:

File for bankruptcy – Bankruptcy puts an automatic stay on any and all of your lenders, preventing them from attempting to collect on any of your debts. This includes your home lender, and the foreclosure process is halted until your bankruptcy case is resolved.

Short Sale – An alternative to foreclosure, short sale will still end with you losing your home. The difference between having your home sold at Sheriff’s Sale and selling it via short sale is that homes often sell for higher amounts at short sale. Additionally, your credit score will be much less severely impacted by a short sale instead of a foreclosure.

Order to Show Cause – The Order to Show Cause is a court application that can only be used in absolute emergencies wherein the petitioner (in this case, the homeowner) will be harmed irreparably without the help requested on the Order. In the foreclosure context, your attorney can file an Order to Show Cause if there has been an error in the foreclosure paperwork that will adversely effect the outcome of the case. It’s a long shot, but we’ve had success with this tactic before, gaining an additional 60 days for our clients to sell their home outside of the foreclosure.

We have many more “tricks” up our sleeves that have gotten out clients the results they wanted and needed time after time. If your foreclosure sale is approaching and you need help sorting out the details, call Veitengruber Law today so we can assist.

Image credit: Karen Neoh