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Foreclosure Defense and Mediation

If you have been served with a foreclosure complaint and are considering filing a defense (an answer to the complaint), and possibly a counterclaim against the foreclosing lender or its agents, it is important to note that you have only 35 days to file an answer or counterclaim in response to a foreclosure complaint filed in the Superior Court of New Jersey. If you do not act within this time, you may lose your right to contest the foreclosure action; eventually the mortgage lender or its servicer will likely procure a final judgment of foreclosure and schedule the foreclosure sale of your home or other real property. Even if you have or believe you have a valid legal defense that can or should be asserted against your mortgage lender, you should realize litigation can be very expensive and the outcome is always never certain. However, if you suspect that you have been victimized by fraud, breach of a contract or misrepresented by the mortgage lender or its agents/brokers you should put together all of relevant documentation and make an appointment with The Law Offices of Marc G. Alster or another attorney experienced in defending homeowners against wrongful foreclosure actions. Filing a valid/good faith answer and/or counterclaim can buy a homeowner time to have the opportunity to follow through with a short sale, mortgage loan modification or deed in lieu of foreclosure, or other alternative debt relief remedy even if you don't believe you will have the financial ability or desire to contest the foreclosure action all the way through to trial. Likewise, these alternative debt relief remedies, in addition to or in lieu of filing a Chapter 13 bankruptcy, may make much more sense to pursue even if you have a valid defense to the foreclosure action (since foreclosure defense litigation can be very expensive not to mention stressful to pursue).

Anyone who is behind on their mortgage and is in foreclosure has the right to request meditation which allows homeowners to mediate directly with their mortgage company in the Superior Court of New Jersey. Along these lines, a mortgage loan modification request can be made through the New Jersey Superior Court's foreclosure mediation process, as long as the request is timely. If a homeowner has not yet filed a modification application prior to the lender commencing a foreclosure action, the mediation process will allow the homeowner's application to be submitted through the New Jersey's foreclosure mediation process.

Looking for an attorney for a foreclosure defense case in Hackensack?

You are allowed to have a lawyer represent you during the foreclosure mediation process in New Jersey. It is not necessary for the lawyer who is representing you in the Superior Court's mediation process to appear or otherwise represent you in the corresponding foreclosure action. For the reasons stated in Mortgage Loan Modifications article, it is usually extremely beneficial to have an experienced attorney representing you at the mortgage mediation.

Protect your home and your family. Foreclosure help is only a phone call away. Call or contact our firm for a free initial consultation about any valid good faith defense you believe you may be able to assert against the foreclosure action served against your home/real property.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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The Law Office of Marc G. Alster - Hackensack Bankruptcy Attorney
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