Foreclosure Defense and Mediation
If you have been served with a foreclosure complaint and are considering filing a defense (an answer), 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. If you do not act within this time, you may lose your right to contest the foreclosure action and save your home. If you suspect that you have been victimized by fraud, breach of a contract or misrepresented by the mortgage lender or its agent(s)/broker(s) you should put together all 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 an 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, in addition to or in lieu of filing a
Chapter 13 bankruptcy, without the need to file a defense against a foreclosure action which can be expensive.
Anyone who is behind on their mortgage and is in foreclosure has the right to request meditation to allow them to deal directly with their mortgage company. Mediation acts as a mortgage loan modification request made through the New Jersey Superior Court Foreclosure process. If a homeowner has not yet filed a modification application the mediation can serve to bring the application. The Homeowner's Affordable Mortgage Program (HAMP) recognizes and permits mortgage modifications through the states 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. It is not necessary for the lawyer who is representing you in the Superior Court mediation process to appear or otherwise represent you in the State 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, if you have not yet retained an attorney to apply for a mortgage modification earlier.
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 foreclosure defense.