A mortgage foreclosure is a law suit filed asking the Court for the legal right to have real property (whether a home, commercial property or vacant land) auctioned off to the highest bidder by the county sheriff.
Homeowners who face a mortgage foreclosure are given special protections under the law. New Jersey law called the Fair Foreclosure Act protects homeowners. It does not protect owners of non-residential properties.
We advise and assist both individuals and businesses with commercial and residential foreclosure litigation.
When a mortgage payment is more than 30 days late, the mortgage lender has the right to declare the mortgage in default and to demand full payment. This means that the homeowner or property owner must pay off the mortgage or else a foreclosure lawsuit will be started to sell the home at a sheriff's auction sale.
Most home lenders will not start a foreclosure until the borrower is three months past due in payments.
After a lawsuit has begun, some lenders will refuse to accept payments unless sufficient to pay off the mortgage in full. Rarely is any homeowner able to come up with the full principal, interest, legal and other fees charged by the lender.
Our law firm has helped homeowners protect their home from foreclosure for many years.
Learn more about how our firm can assist you in trying to save your home and additional options here.