Bergen County Foreclosure Defense Attorneys

How we can help

Legal defense and practical mortgage solutions.

Bergen County General Equity

Judge Darren T. DiBiasi: background and available decisions

Judge Darren T. DiBiasi serves as Bergen County’s General Equity Presiding Judge. His assignment to General Equity took effect August 1, 2023; the Supreme Court subsequently designated him Presiding Judge effective February 1, 2025. His earlier judicial work includes Bergen County Family Part matters.

Two publicly available appellate decisions discuss his trial-level rulings:

• Donna Macri Fatovic v. Damir Fatovic, A-3143-20 (January 9, 2024): the Appellate Division affirmed the challenged divorce judgments and fee order substantially for the reasons in Judge DiBiasi’s oral opinions.
• Debate Coaching Academy, LLC v. Bergen County Debate Club, LLC, A-0293-24 (June 25, 2025): the appellate court reviewed arbitration issues arising from his General Equity rulings.

These are unpublished appellate opinions, not opinions authored by Judge DiBiasi and not binding foreclosure precedent. They help explain his judicial background; they do not predict a result in your case. Counsel must check the applicable limits on citing unpublished opinions and confirm the current assignment on your docket.

Preserving homeowner equity

The amount at stake is the equity you can actually recover

For a Bergen County homeowner facing foreclosure, equity can be an important reason to pursue a documented refinance or an orderly sale before auction. A valuable home can still be unaffordable to carry. The goal is to understand both the available equity and the plan needed to preserve it.

Calculate value less the full mortgage payoff, junior liens, unpaid taxes, judgments, and expected transaction expenses. Interest and foreclosure-related charges can make the payoff higher than the statement balance. Update the calculation as the proposed closing date changes. Equity alone is not a defense to the debt and does not automatically entitle an owner to a stay.

Why a broker’s opinion letter or CMA can be useful

A Realtor’s Comparative Market Analysis or broker’s opinion letter can connect the proposed value to recent closed sales and the condition of the actual property. Ask for a signed, dated analysis identifying the professional’s qualifications, inspection, comparable properties, and adjustments. A list of optimistic asking prices is less useful than an explanation of completed comparable transactions.

The comparison should reflect the municipality, neighborhood, lot, condition, improvements, and property type. A Ridgewood single-family home and a Fort Lee condominium require different evidence. Property taxes, condominium assessments, repair needs, and the expected marketing period also belong in the homeowner’s financial plan.

Zillow’s Zestimate and the Redfin Estimate are automated estimates, not formal appraisals. They can start a conversation, but a screenshot alone may leave important valuation questions unanswered. A broker letter or CMA also is not automatically admissible and is not interchangeable with a certified appraisal. Counsel should determine the appropriate certification, foundation, and expert evidence under the New Jersey rules on opinion testimony.

If the homeowner seeks time to close, valuation should accompany a concrete proposal: a signed contract or documented financing review, proof of deposit or funds, title work, and a realistic completion date. The court evaluates the facts and legal grounds for the requested relief; neither the property’s value nor a buyer’s promise guarantees an extension.

Bergen County sheriff’s sales

Evaluate professional buyers by the net result for you

Investors and other professional buyers may use public Bergen County sheriff’s-sale listings to identify properties with equity. A homeowner may hear from buyers before the auction. The practical question is whether a proposed sale produces a fair, achievable outcome after all debt, fees, and closing expenses.

Obtain an independent valuation and compare the written offer with an ordinary market sale that could realistically close in the time available. Review the buyer’s proof of funds, deposit, assignment rights, contingencies, proposed closing date, and any agreement allowing the seller to remain after closing. A high headline price can be misleading if the contract permits broad deductions or an easy cancellation.

Confirm the sale date with the sheriff. Negotiations and an executed contract do not themselves stop the auction; any required adjournment or court order must be addressed separately. Read our sheriff’s-sale assistance page and guidance on foreclosure rescue scams. If a sale has already occurred, investigate whether surplus funds exist and who may claim them.

Financing update · October 25, 2026

Distressed refinancing in Bergen County: test the whole proposal

Home equity can create possibilities, but a refinance in active foreclosure is a different underwriting problem from a standard purchase mortgage. Payment history, documented income, credit, property condition, liens, occupancy, and the approaching sale date all matter. Compare any new loan with a possible modification of the existing mortgage.

Freddie Mac’s October 22, 2026 survey reported a national 30-year fixed average of 7.32% for qualifying conventional purchase applications. It does not measure distressed refinance pricing in Bergen County. A lender must provide a property- and borrower-specific proposal.

Current foreclosure-financing advertising covering New Jersey shows conditional private or bridge options, with equity and a workable repayment plan central to the review. Eligibility varies. One New Jersey investment-property lender expressly excludes owner-occupied homes, illustrating why an investor loan advertisement should not be assumed available for a family residence. These links identify market examples, not recommendations or verified approvals.

For a Bergen County homeowner, the affordability calculation should include property taxes, insurance, association charges where applicable, and all new debt payments. Review points and other upfront charges, maturity and balloon-payment risk, extension costs, and what happens if a planned sale or later refinance does not occur. Obtain a written term sheet and a credible closing schedule before treating financing as a solution.

Our Hackensack office can evaluate the foreclosure timetable alongside your proposed transaction. Start with the updated foreclosure timing article, identify your company in the servicer directory, and review our case results.

Communities we serve

Representation throughout Bergen County.

We serve homeowners countywide, including the following communities. Consultations are arranged through our Hackensack office.

• Bergenfield
• Cliffside Park
• Englewood
• Fair Lawn
• Fort Lee
• Garfield
• Hackensack
• Lodi
• Mahwah
• New Milford
• Paramus
• Ridgewood
• Rutherford
• Teaneck
• Westwood