One of the most valuable investments most families have is their home. Homeowners have rights in a foreclosure, and with the help of Denbeaux & Denbeaux you may be able to postpone or prevent the foreclosure of your home. Denbeaux & Denbeaux works with its clients to take a holistic approach to foreclosure defense. It is the Firm’s goal to make sure clients leave our representation in a better position than when they first sought help. To accomplish this goal, the Firm adjusts its approach to representation based upon the needs of each client.
Through this approach, Denbeaux & Denbeaux has helped its clients obtain mortgage modifications, dismissals of foreclosure actions, cash for keys settlement offers, and to develop both long and short term budgets to achieve financial health. Denbeaux & Denbeaux also reviews files for possible affirmative claims against banks and servicers which may lead to monetary relief and/or leverage to achieve the homeowner’s goals.To help you understand more about this please download the New Jersey Foreclosure Process 2016: A Guide For Homeowners by Nicholas A. Stratton, Esq. Managing Associate.
About the Foreclosure Process in NJ
The NJ foreclosure process is guided by the fact that New Jersey is a “judicial foreclosure” state.
This means that all foreclosure actions must be prosecuted by attorneys before judges in the court system.
This structure is intended to impose a level of due diligence on lenders and assure an accurate disposition on the merits of a lender’s claim. The result however, is a bloated legal field that incentivizes cutting corners and rushed, even if not prompt, resolutions.
This is why a proper foreclosure defense is so important. The homeowner is the only person who understands their situation and truly cares about their home. Therefore they must be the one to stand up for their rights.
The problem for many individuals is that the system is confusing, complicated, and overwhelming. The average homeowner is not a legal expert, nor do they truly have the resources to understand a growing and nuanced area of the law. The internet is rife with foreclosure defense theories – some of which worked in 2007, some of which work now, some that work in other states, and some that never had a shot. The key to asserting a proper defense is understanding your rights, your lender’s obligations, how the court system works, and the rules, statutes, and case law that control everything.
The following pamphlet attempts to summarize that information based on our representation of hundreds of foreclosure clients in New Jersey over the course of the last eight years. The pamphlet outlines the anticipated foreclosure process when you retain the attorneys at Denbeaux & Denbeaux for your foreclosure defense. This outline does not hold true in every case, nor are the timelines suggested guaranteed. Rather, we offer this information to hopefully provide some clarity as your case progresses.