Your Hudson County Foreclosure Defense Attorneys

In Hudson County, as is true throughout New Jersey, the foreclosure process plays out in Court.  The bank’s attorneys will prosecute the foreclosure case and seek a judgment allowing the bank to sell your property at auction.  A Judge presides over the proceedings.

It is important to understand that you most likely will not “win” your foreclosure case in dramatic fashion with the Judge banging the gavel and declaring the case “dismissed.”  This does happen from time to time.  But, even when you hand the bank an epic beating, it can be a hollow victory.  In those circumstances, the mortgage still encumbers your property and prevents you from selling without removing this cloud on your title.  So, if you are fortunate enough to stop your foreclosure in its tracks, you still need to create a plan to satisfy your loan and quiet title to your home.

In foreclosure cases in Hudson County, the odds are not in your favor.  The fact is that if the bank has recorded a mortgage securing their loan against your home, Judge Costello or Judge Jablonski are going to be hard-pressed to find that the bank does not have a “right” to look to the collateral to satisfy the debt.  However, it is still important to contest the foreclosure proceedings if you have grounds to do so and your rights have been violated.  This is because you are going to need time to work on one of the foreclosure alternatives listed above: (1) loan modification; (2) re-finance; (3) short pay; or (4) short sale.

The banks and their servicers are heavily regulated and must comply with the Loss Mitigation Rules under 12 CFR 1024.41.  They also must comply with the New Jersey Fair Foreclosure Act, N.J.S.A. 2A:50-53 et seq. and various federal laws, including the Fair Debt Collection Practices Act (“F.D.C.P.A.”), 15 U.S.C. §§1692 et seq.  Suffice it to say, a complete and total victory when you are being foreclosed on is a long shot.  By contrast, a plethora of bank abuses and violations in their handling of your mortgage account is virtually a sure thing.